User Agreement
This website is operated by Ink Nation. Throughout the site, the terms “we,” “us,” and “our” refer to Ink Nation. Ink Nation offers this website, including all information, tools, products, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
By using our website (theinknation.com) and/or placing an order, you acknowledge that you are entering into a binding legal agreement governed by these Terms of Service and all other policies referenced here. Your use of our website signifies your agreement to be bound by these terms and conditions. You further agree to use this site solely as described in this User Agreement.
Ink Nation reserves the right to amend or modify the website, services, or these Terms of Service at any time without prior notice, at our sole discretion.
We act solely as a printer for user-supplied designs. We do not use or claim ownership of your submitted designs. You accept full responsibility for your designs and agree to indemnify and hold Ink Nation harmless for any legal issues arising from your submissions.
Intellectual Property Rights
Ink Nation respects intellectual property rights and expects our customers and site users to do the same. By using this site, you agree to comply with Ink Nation’s Intellectual Property Policy and to adhere to any additional guidelines, restrictions, or rules posted in connection with specific sections or services provided on our website.
If you intend to resell products created using Ink Nation’s printing services, you affirm that you possess full rights to the intellectual property involved and that your resale is legal and authorized. You agree to indemnify and protect Ink Nation from any claims or liability related to intellectual property infringement resulting from the production or resale of your custom products.
You agree not to use Ink Nation or our services to create or distribute material that is unlawful, harmful, hateful, abusive, harassing, threatening, defamatory, libelous, obscene, vulgar, invasive of privacy, racially or ethnically objectionable, or infringing on trademarks, patents, copyrights, trade secrets, or any proprietary rights of third parties.
Ink Nation retains the right, at our sole discretion, to reject any orders that we determine are inappropriate, including but not limited to content that is unlawful, abusive, hateful, defamatory, obscene, sexually explicit, promotes irresponsible use of alcohol or other substances, or advocates persecution based on any protected category (including race, gender, religion, age, disability, national origin, or sexual orientation). If an order violating these guidelines is resubmitted, Ink Nation reserves the right to permanently ban the user and/or IP address(es) submitting such orders.
Intellectual Property Claims
Ink Nation takes intellectual property rights seriously. If you believe any material accessible on or from our website infringes upon your copyright or trademark, or if material you posted was removed mistakenly, please contact us, in compliance with the Digital Millennium Copyright Act (DMCA):
Privacy Policy
Ink Nation respects your privacy and is committed to protecting your personal information. Our website may collect personal identification information from users through various interactions. The full text of Ink Nation’s Privacy Policy, which outlines how your information is collected, used, and protected, is hereby incorporated by reference.
Limitation of Liability & Indemnity
General Limitation of Liability
The information and materials provided on Ink Nation’s website—including all content, graphics, text, links, products, or services—are presented “as is,” without any warranties or guarantees. Ink Nation does not represent or guarantee that this website will be free of errors, viruses, or other harmful components, nor does it guarantee uninterrupted access or operation.
Ink Nation expressly disclaims any warranties regarding the adequacy, accuracy, completeness, reliability, or usefulness of the information and materials provided on this website. Ink Nation shall not be liable for any errors, omissions, or inaccuracies found within these materials. No implied, express, or statutory warranty, including warranties of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights, or freedom from computer viruses, is given in connection with the content and materials provided.
By using the Ink Nation website, you agree that Ink Nation shall not be held liable for any direct, indirect, special, incidental, consequential, or punitive damages, losses, or expenses resulting from your use or inability to use our website. This includes but is not limited to damages resulting from failures of performance, errors, omissions, interruptions, defects, delays in transmission, computer viruses, system failures, or any other technical issues, even if Ink Nation has been advised of the possibility of such damages.
Indemnification
By using this website, you expressly agree to release, indemnify, defend, and hold harmless Ink Nation, its affiliates, officers, directors, employees, agents, and representatives from and against any claims, demands, liabilities, damages, costs, and expenses, including reasonable attorney’s fees, arising from or related to:
- Your use of Ink Nation’s website or services.
- Any violation of these Terms of Service by you.
- Any infringement of the intellectual property rights or other rights of third parties arising from your use of our products or services.
Limitation of Liability for Health-Related Claims
Ink Nation shall not be liable for any claims, damages, illnesses, injuries, or adverse health effects—including but not limited to respiratory issues, skin irritation, allergic reactions, or any condition arising from the use, handling, heating, or application of Direct-to-Film (DTF) transfers, apparel items, heat presses, or related equipment and materials.
By purchasing or using Ink Nation products, you acknowledge and assume all risks associated with the application process, including exposure to heat, fumes, airborne particles, or chemical byproducts. It is your sole responsibility to ensure proper ventilation, utilize appropriate personal protective equipment (PPE), and follow all recommended safety practices when operating equipment.
Under no circumstances shall Ink Nation be held liable for any direct, indirect, incidental, special, consequential, or punitive damages, including medical expenses, lost wages, or legal fees resulting from the use or misuse of its products. This limitation applies to claims arising from warranty, contract, tort (including negligence), or any other legal theory.
Ink Nation makes no representations or warranties, express or implied, regarding the safety, toxicity, or long-term health impacts of its DTF transfers, apparel, or related products when subjected to heat or prolonged use. You agree that Ink Nation is not responsible for any claims arising from alleged product defects, manufacturing errors, design flaws, or any other issues that may cause injury or damage.
It is your responsibility to review applicable Safety Data Sheets (SDS) and comply with all safety instructions, applicable laws, regulations, and industry best practices. Ink Nation provides clear, written instructions and warnings regarding product safety and application procedures. Users are required to follow all provided guidelines.
By purchasing and using Ink Nation products, you confirm that you have fully evaluated all risks, including health-related risks, and have implemented all necessary safety measures. Users must independently determine the suitability of products for their specific application.
If any portion of this liability limitation is deemed unenforceable by a court of competent jurisdiction, Ink Nation’s total liability shall not exceed the amount paid by the customer for the specific product involved in the claim.
For detailed safety information and best practices, please review our Safety Guidelines and Best Practices document.
Environmental and Regulatory Compliance
Customers are solely responsible for complying with all applicable environmental laws and regulations regarding the handling, use, and disposal of DTF transfers, heat presses, inks, apparel, and related materials. Ink Nation shall not be liable for any claims, damages, fines, or penalties arising from improper handling or disposal, environmental violations, or non-compliance with local, state, or federal regulations.
Payment, Shipment, Returns, and Cancellation Policy
Ink Nation’s policies regarding payments, shipments, returns, refunds, and cancellations can be reviewed at the following links:
Please review the policy carefully prior to placing an order.
Governing Law
This Terms of Service Agreement and all claims arising from or related to your use of Ink Nation’s website, products, or services shall be governed solely by the laws of the State of Kansas, without regard to its conflict of law principles.
Dispute Resolution
Any disputes arising from or related to your use of Ink Nation’s website, services, products, this Terms of Service Agreement, or your dealings with Ink Nation shall be resolved exclusively by a court of competent jurisdiction located in Sedgwick County, Kansas. Both Ink Nation and the customer hereby submit to the exclusive jurisdiction of state courts located in Sedgwick County, Kansas, or federal courts in the United States District Court for the District of Kansas. Each party waives any defense based on an inconvenient forum.
CLASS ACTION WAIVER: The parties expressly agree that any disputes shall be resolved solely on an individual basis. Neither Ink Nation nor the customer shall be entitled to participate in or bring claims as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
Arbitration Clause and Class Action Waiver – Important – Please Review Carefully
A. Arbitration Notice
You and Ink Nation agree that if there is any dispute or claim arising from or related to our website, products, services, Terms of Service, or Privacy Policy (except for Exempt Claims, defined below), it shall be resolved exclusively through confidential, binding arbitration in the State of Kansas, rather than in court. Before arbitration, the party initiating a dispute must provide written notice (“Notice”) to the other party, allowing an opportunity for resolution discussions within thirty (30) days of the Notice.
Notice to Ink Nation should be sent to:
Ink Nation
[email protected]
Your Notice must clearly describe the nature and basis of your claim(s) and the specific relief you seek. If we are unable to resolve the claim within thirty (30) days after Notice is received, either party may initiate arbitration proceedings administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. Arbitration will be conducted by a single impartial arbitrator chosen from AAA’s roster of arbitrators, either mutually agreed upon by both parties or appointed by AAA if no agreement can be reached.
Important: There is no judge or jury in arbitration, and court review of arbitration awards is limited. However, an arbitrator can award the same relief as a court could award individually, including injunctive relief, declaratory relief, or statutory damages. By agreeing to arbitration, you acknowledge that you knowingly waive your right to pursue claims through a trial by jury or court.
All arbitrations shall be held in Sedgwick County, Kansas, or another mutually agreed-upon location. If the arbitration involves a consumer, proceedings will occur at a location reasonably convenient for the consumer. If the relief sought is valued at $10,000 or less, either party may request arbitration via telephone or written submissions only, subject to arbitrator discretion.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Kansas, applying recognized principles of equity, and will honor all claims of privilege recognized by applicable law. The arbitrator’s decision will be confidential, final, and binding, and judgment on the award may be entered in any court of competent jurisdiction.
If Ink Nation modifies this arbitration section in the future, any such changes will not apply to disputes already filed or initiated. If this arbitration provision is terminated, it will not affect disputes initiated prior to the termination date, which will be thirty (30) days after posting the updated Terms to the website.
CLASS ACTION WAIVER
You and Ink Nation explicitly agree that all disputes will be arbitrated on an individual basis only. Both parties waive any right to participate in or initiate any class-action lawsuit or class-wide arbitration. If, for any reason, a dispute proceeds in court rather than arbitration, both parties waive their right to a jury trial.
Exempt Claims
The following two types of claims are exempt from mandatory arbitration:
- Small Claims: Claims filed individually in small-claims court are exempt. However, if a small-claims decision is appealed or modified, arbitration will be required per this agreement.
- Intellectual Property: Claims filed individually seeking injunctive relief related to intellectual property infringement or misuse may be pursued directly in any court of competent jurisdiction. The prevailing party in such an action is entitled to recover reasonable attorneys’ fees and court costs.
Opt-Out Provision
You may opt-out of this mandatory arbitration provision within sixty (30) calendar days of your acceptance of these Terms. To opt-out, you must send written notice clearly stating your intention, including your name, address, email address, and date, to:
Ink Nation Arbitration Opt-Out
[email protected]
This method is the only available way to opt-out.
B. Claims and Disputes Must Be Filed Within One (1) Year
To the fullest extent permitted by law, any cause of action or claim arising from or related to your use of Ink Nation’s website, products, or services must be initiated within one (1) year after the claim or cause of action arises. This limitation applies to you and your heirs, successors, and assigns.
Mobile Terms of Service
The Ink Nation mobile messaging service (the “Service”) is operated by Ink Nation (“Ink Nation,” “we,” or “us”). By opting into or using our SMS/text messaging service, you agree to these terms and conditions (“Mobile Terms”). We reserve the right to modify or discontinue the Service or its features without prior notice. Your continued use of the Service after any modifications constitutes acceptance of those changes.
By consenting to Ink Nation’s SMS/text messaging service, you agree to receive recurring SMS/text messages from Ink Nation via your wireless provider to the mobile number you provided, even if your number is registered on any federal or state Do Not Call list. Text messages may be sent using automated dialing systems or similar technology. Messages include service-related notifications (order updates, account alerts, etc.) and promotional content (specials, marketing offers, cart reminders).
Your consent to receive texts is completely voluntary and not required for any purchase or use of Ink Nation’s products or services.
We do not charge for this messaging service; however, standard message and data rates from your wireless carrier may apply. Message frequency varies. You are responsible for all charges associated with receiving SMS/text messages. Check your mobile plan or contact your wireless provider for details.
You may opt-out at any time by texting STOP to our provided short code or number or by clicking the unsubscribe link (if provided) in any message. After opting out, you will receive one final confirmation text. No further messages will be sent unless initiated by you. If subscribed to multiple Ink Nation mobile programs, you must opt-out individually from each program.
For support or assistance, please email us at:
[email protected]
We may change our short code or phone number at any time and will notify you of such changes. You acknowledge that we may not receive or respond to messages (including STOP or HELP requests) sent to an outdated short code or number. We are not responsible for honoring requests sent to outdated contacts.
Wireless carriers are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If your mobile number changes, you must re-subscribe to the service with your new number.
To the extent permitted by applicable law, Ink Nation is not liable for failed, delayed, or misdirected messages, errors in messaging content, or any actions you take or do not take based on information received through our Service.
We respect your privacy and will protect your information as described in our Privacy Policy.
Miscellaneous
If any provision of these Terms is declared unlawful, invalid, or unenforceable by a court of competent jurisdiction and cannot be modified to become enforceable, that provision will be severed, leaving the remainder of these Terms fully enforceable. If such a provision can be modified to become enforceable, Ink Nation may make the necessary modifications.
The headings and captions used in these Terms are for convenience only and have no legal or interpretive effect.
If Ink Nation fails to enforce any right or provision under these Terms in one instance, this does not constitute a waiver of that right or provision for future occasions.
Contacting Us
If you have questions regarding these Terms of Service, our policies, or any interactions with our website, please contact us using the information below:
Phone: 316-841-2010
Email: [email protected]