State Apparel Co. (“State”)

General Terms and Conditions

Last updated: March 7, 2023

These General Terms of Use govern your access, use and orders of products and services placed at State’s website gostatego.com, apps and/or mobile sites (collectively, the “Sites”). By placing an order for products and/or services with State, you agree to be unconditionally bound by these General Terms of Use in the version valid at the time of placing your order

These General Terms of Use shall also govern the use of and apply to each and every offer and agreement entered into between State and a customer throughout the Sites.

Additionally, we maintain other terms and policies that supplement these General Terms of Use as set out below, including our Privacy and Cookie Policy , which describes how we collect, use and process your personal information, and our Canadian Sales Tax Policy, which provides more information about the rate of sales tax that will apply to all orders placed on the Sites.

Applicability

By accessing or using the Sites and its related software tools, applications or any other State service, you agree to be bound by these General Terms and Conditions, our Privacy and Cookie Policy, the terms and conditions in the accepted purchase orders and/or invoices issued by State to you, if any, and to any other terms such as those policies, guidelines, restrictions or rules that may be posted in connection with specific sections, products or services of the Sites (collectively, as updated, amended, supplemented or modified from time to time, “the Terms” or “these Terms”). These Terms are hereby incorporated by reference into the agreement entered into by State and you, as the customer (“you” or the “customer”), at the time you access or use the corresponding section, service or feature, or have otherwise agreed to their applicability. You confirm and agree that the Terms make up the entire agreement between us in relation to its subject matter and supersedes all prior agreements, representations and understandings.
If you use the Sites on behalf of any business, organization or other entity of any kind, you represent and warrant that you are authorized to accept these Terms on its behalf and to bind such business, organization or entity to the Terms.
Every offer of any State product and/or service on the Sites as well as every transaction, order and agreement that is transacted through the Sites is governed by these Terms.
Terms and conditions of the customer or any third party on behalf of the customer shall not apply to any order and agreement that is transacted through the Sites shall not apply, even if State has not expressly rejected them anywhere.
State reserves the right to make changes to the Sites and to these Terms at any time without prior notice. You agree that you will review these Terms each time you access the Sites.
Account

Before you can place an order online or use certain services or features offered on the Sites, you will need to qualify and have an account with State (the “State Account”).
Customers will at all times be responsible for each and every use of its State Account. You agree to protect your log-in credentials such as your password and control any access to your State Account, especially when you have granted another person in your business or household access rights to your State Account or otherwise permit them to use your State Account with the purpose to place an order on your behalf. You agree that you will be fully responsible for all orders placed or other actions that are taken through your State Account.
Sales and Specials
All special offers and promotions on the Sites are without any obligation and subject to availability and confirmation of the order. State reserves the right to reject any order without the obligation to provide any reason. An agreement between you and State is subject to our acceptance of the order and will be formed when you receive the order confirmation by email from State.
Materials for Limited Use

The Sites contain graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, designs, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content belonging to other users through embedded feed from social media platforms, stock images and footage from stock providers, customers and others who have given State the licence to use such content (collectively, the “Content”). The Sites and all of its Content are the intellectual property of State or the intellectual property of parties from whom State has licensed or sublicensed such property. All rights in the Sites and its Content are reserved worldwide.
You are strictly prohibited to sell, transfer, license, sublicense rent, modify, retain, copy, reproduce, distribute, publish or use any portion of the Content except as expressly allowed in these Terms.
State reserves the right to add to, delete from, or modify any part of the Content at any time without prior notice. Any modifications to the Content whether made by you or State and all intellectual property related thereto remain the sole property of State and its licensors.
The design tools and services provided by State on the Sites employ various design elements, including product templates, images, fonts, color schemes, graphics, illustrations, logos, photos and design effects. State reserves the right to use all such design elements and to make all such design elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other State customers may use the design tools and services to create designs that have similar or identical combinations of design elements to your design and State does not guarantee that your design will not have similarities to designs created and used by other parties. In the event that you create a design that is a derivative work based on or incorporating design elements and/or other Content, all rights in and to such design elements or Content shall continue to be owned by State or its licensors.
State provides no warranty of any kind that a design you create while using the design tools and services on the Sites (with or without our Content) will not infringe or be subject to a claim of infringing, any trademarks, any copyright or other rights of another party. You are solely responsible for obtaining the advice of your legal representative regarding whether the design is legally available for your particular use and does not infringe the rights of another party. You are solely responsible for determining whether a license or other additional rights are required in connection with the intended use of your design and for obtaining such additional license or rights.
Use of the Sites and the Content

The customer is granted permission to access and use the Sites and its Content for the sole purpose of preparing, evaluating and ordering products and/or services from State (the “Products”), unless such use requires permission of a third party or is not permitted by applicable law. No other download, retention, use, publication or distribution of any portion of the Content is authorized or permitted. Obtaining Products from State does not entitle you to use any portion of our Content apart from the finished Products as they are supplied to you by State.
The customer agrees to use the Sites in a responsible manner that is in full compliance with: (i) these Terms, and (ii) all applicable laws, including intellectual property law and export and import regulations;
The customer represents and warrants that at all times it has complied and shall comply with all applicable restrictions arising out of any and all relevant sanctions and export and trade controls legislation, regulations or orders of the United Nations, the European Union and its Member States, Norway, Switzerland, the United Kingdom, the United States of America, and any other country whose laws, regulations or orders apply to the parties involved or activities covered or contemplated by these Terms (collectively, the “Trade Laws”) and that it shall also refrain from performing any activity or omitting to perform an activity that will expose State or any of its subsidiaries, affiliates and other companies controlled by the same person or entity to breaching Trade Laws or any enforcement action or restrictive measures regarding same.
The customer represents and warrants that it is not: (a) designated or otherwise sanctioned under, nor is it ultimately owned (as to 50% or more of its shares or voting rights) or controlled by, or acting on behalf of, any party designated or otherwise sanctioned under Trade Laws.
Designs Services

State, its affiliate, third party independent contractors or licensors (collectively, the “Design Providers”) may from time to time offer design, art separation, image touch up and any other creative services on the Sites (collectively, the “Design Services”).
By directly or indirectly requesting a Design Service from the Design Providers, you agree to be bound by these Terms. The Design Providers reserve the right to make changes to the Design Services as provided on the Sites at any time without prior notice. You agree to review these Terms each time you make use of our Design Services.
If you send, upload, email, link (directly or indirectly) or otherwise refer Design Providers to any graphics, photographs, images, document layouts, templates, artwork, text, illustrations, logos, photos, designs, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content through embedded feed from social media platforms, stock images and footage or any other content (collectively, the “Supplied Content”) for incorporation into products for your order(s), you unconditionally guarantee, represent and warrant that you have all appropriate and necessary right and authority to use the Supplied Content and that Design Providers’ provision of Design Services will not infringe any trademark, copyright, or other right of any entity.
The designs prepared by Design Providers for you as part of the Design Services may have similarities to designs prepared by Design Providers for other parties. You are obtaining no right or claim of any kind to any individual design (or any element thereof) provided by any Design Provider, and the Design Providers reserve the right to use the same or similar design or elements thereof for other customers at any time. All rights and ownership to all designs (including all draft and final work products) resulting from the application of any Design Services are retained by the Design Providers.
The Design Providers reserve the right, in their sole discretion, to refuse any request for Design Services or to terminate any Design Services project prior to completion at any time and for any reason. You agree that the Design Providers shall have no liability of any kind whatsoever to you or to any third party arising from such refusal or termination.
Design Providers reserve the right to use any designs and/or final work products produced for you as sample work for advertising and promotional purposes and for internal purposes.
It is your responsibility to contact the Design Providers with any changes, updates, or enhancements to the project or design you are requesting starting from date you request for Design Services. You must email the Design Providers for any requests to cancel services. Cancellation of services not done via email or in writing will not be effective and you agree to pay for all charges due to Design Providers up to the business day that you deliver a request to cancel services in writing.
The Design Providers disclaim and shall not be liable for any loss, injury, cost or damage suffered by customer or any third party, and shall not be liable for consequential, special, or indirect or incidental damages (including without limitation, damages for loss of business profits, business interruption, or loss of data), arising out of or in any way connected with the use or placement of the designs worked on by them based on your request or any delay or your inability to use the design for any purpose, in each case even if the Design Providers have been advised of the possibility of such damages.
Design Providers provides no warranty of any kind that any design worked on by them based on your request will not infringe, or be subject to a claim of infringing, any trademark rights, copyrights or any other (intellectual property) rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any such Design is legally available for your use and does not infringe the rights of another party.
All delivery times are estimates only, and the Design Providers are not responsible for any late or delayed completion of any design and/or impact to customer’s business due to such lateness or delay of your project and/or printing.
All charges and fees related to Design Services requested by you shall be non-refundable and shall be due and payable upon the Design Providers transmitting the worked-on design via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the design is available for downloading from the Sites. At the sole discretion of the Design Providers, you may be required to pay a deposit, pre-pay in full or pay for the requested design prior to the commencement and/or completion of any design.
Restrictions on Use
No portion of our Content may be utilized by the customer:

to sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the rights granted to you under these Terms;
in such a manner as to convey or obtain exclusive rights to any Content or part thereof;
for any unlawful or discriminatory purpose or use;
for any use that State, in our sole discretion, determines to be pornographic, offensive, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, indecent, libelous, invasive, slanderous, hateful, inciting or promoting the hate, harassment or discrimination against others based on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease or immigration status or otherwise objectionable;
to create, order, publish and/or distribute any Design, Product or other type of information that State, in our sole discretion, determines to contain any content that violates subsection 7(a)(iv) above, or in our sole discretion, is determined to be materially false, inaccurate or misleading in a way that could deceive or confuse others about people, culture, important events, topics or circumstances;
to violate any person’s right of privacy or publicity;
to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity;
for any use that would reasonably imply that State, the creator of the Content, or the persons or property appearing in the Content (if any), endorses any political, economic, conspiracy or other opinion-based causes, movements or parties;
in a way that places any person depicted in the Product in a bad light or they may find offensive, such as: use in pornography or adult content; tobacco or cannabis ads; ads for adult entertainment clubs or similar venues, including prostitution, escort or similar services, all whether legal or not; political or religious endorsements or protests; or in a way that implies mental or physical illness or impairment; or
that in any way, intentionally or unintentionally, directly or indirectly violates any applicable local, state, national and international laws, rules and regulations.

For the avoidance of doubt, no Content or portion thereof may be used on its own as a trademark or service mark. You agree and acknowledge that any trademark or service mark rights you may have in your Product or Design arise from and are limited to your distinctive combination of our Content with other visual design elements provided or created by you. You agree and acknowledge that others may use similar portions of our Content for similar goods and services.
State reserves the right, in its sole discretion, to refuse to accept any content provided by you to State or to refuse to process or fulfill any order at any time and for any reason. State further reserves the right, in its sole discretion, to temporarily or permanently suspend and/or terminate its service to you and/or your account(s) at any time and for any reason, including, without limitation, your violation of the Terms, your use of the Sites and/or our products and services for inappropriate purposes or you having engaged in undesirable activities, in each case, as determined by State in its sole discretion. This action is entirely at State´s discretion and you agree that State shall have no liability of any kind to you or to any third party arising from such refusal, suspension or termination.
By placing an order with State (for Products, Design Services or other services) on the Sites, by email or by other means, the customer represents and warrants that it has all the necessary permissions, consent, license, sublicence, rights and authority to use: (i) the Content or Supplied Content incorporated into its design, (ii) to place the order, and (iii) to authorize State to produce the Products on the customer’s behalf. The customer grants to State the right to copy, modify, distribute, use, create derivative works of and vectorize any Supplied Content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you represent and warrant that you have sufficient rights to permit State to copy, distribute, use, modify, create derivative works of and vectorize any uploaded Supplied Content for the purpose of fulfilling your order and/or marketing products or services to you.
Payment Terms, Delivery, Title and Risk

Unless the customer is granted payment terms by State (acting in its sole discretion), the customer agrees that all orders and purchases are made a “cash on delivery” (COD) basis. For any order, State reserves the right to require full payment or a deposit equivalent to 50% of the total order value as a condition of State accepting your order(s). Unless customer is granted payment terms by State, (acting in its sole discretion), Products or orders shall not be shipped until full payment for such Products or orders have been received by State.
All Products or orders shall be shipped ex-works (EXW) from State’s manufacturing facility located at North York, Ontario (or such other facility specified by State in the applicable invoice(s) issued to the customer) using State’s standard methods for packaging and in accordance with the customer’s chosen delivery option. The customer agrees to be responsible for all efforts, expenses and risks related to loading, shipping and delivery, including without limitation, insurance, loading, shipping, delivery, taxes, customs, duties and brokerage fees related to all Products or purchases ordered from State by the customer. For greater certainty, you agree to obtain sufficient insurance to cover such risk of loss if you deem it necessary. Any delivery lead time given is only an estimate and State does not guarantee any delivery date.
State may, at its discretion, deliver the Products in whole or by instalments in any sequence or deliver the Products prior to the date of delivery, and in such event, the customer must not refuse to take delivery of the Products. Where the Products are delivered in instalments or part deliveries, each instalment or part delivery shall be invoiced separately if such an invoicing process is put in place and be deemed to be a separate sale agreement between State and the customer. Any delay in delivery or defect in an instalment or part delivery shall not entitle the customer to cancel any other instalment or terminate the entire sale agreement.
For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Sites.
The customer is responsible to fully inspect all Products carefully and immediately upon arrival, and declare any and all defects, non-conformances or damages, immediately through the proof of delivery or collection acceptance documentation when the Products have been shipped under such Proof of Delivery (POD) or similar type of service. A description of the alleged defect, non-performance or damage must be given in writing at the time of delivery and signed by or on behalf of the customer. If such a proof of delivery service was not included with the chosen delivery method, the customer shall be deemed to have inspected the Products as soon as reasonably practicable after delivery. The customer must notify State, by contacting State’s customer care team either in writing (including by email) or by telephone, about any alleged defects, non-conformances or damages within seven (7) days after customer’s receipt of the Products. Failure of customer to timely notify State after receipt as indicated in this section voids the Product warranty and/or satisfaction guarantee, if any.
In accordance with industry standards, the customer agrees that State is entitled to a two percent (2%) misprint margin or margin of error for each order. In the case of errors or misprints, the customer agrees that State shall not be required to reprint items of the same order if the error or misprint is within two percent (2%) or less of the total quantity purchased for such order.
Indemnification
The customer agree that you shall fully indemnify State and all parties from whom State has licensed portions of the Content, and their respective shareholders, directors, officers, and employees, against any and all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms; (ii) any suit, claim or demand arising from or relating to any Content or Supplied Content (or any combination thereof) incorporated into your design or other contents or material that was not part of our Content and that you uploaded or otherwise provided to State or incorporated into a Product; (iii) any suit, claim or demand arising from or related to any third-party products and/or services we offer on the Sites whether or not used for or in connection with a Product you have ordered on the Sites. As to clause (ii) in this Section, you agree that State has the right to control the defense of any such suit, claim or demand.
Disclaimer of Warranty
THE SITES, THE CONTENT, THE SERVICES AND PRODUCTS OFFERED BY STATE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITES MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE OR ERROR-FREE. ALL DELIVERY TIMES ARE ESTIMATES ONLY, AND STATE IS NOT RESPONSIBLE FOR ANY LATE DELIVERIES AND/OR ANY IMPACT TO CUSTOMER’S BUSINESS DUE TO A LATE PROJECT AND/OR LATE PRINTING DELIVERIES.

REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITES. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ACKNOWLEDGE THAT THERE ARE RISKS IN USING PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITES OR IN CONNECTION WITH OUR PRODUCTS AND SERVICES, AND THAT STATE CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM SUCH USE OR INTERACTIONS, AND YOU HEREBY ASSUME ALL SUCH RISKS, LIABILITIES OR HARM OF ANY KIND ARISING IN CONNECTION WITH OR RESULTING FROM SUCH INTERACTIONS. SUCH RISKS MAY INCLUDE, AMONG OTHERS, MISREPRESENTATION OF INFORMATION ABOUT AND/OR BY THIS THIRD PARTY, BREACH OF WARRANTY OR CONTRACT, VIOLATION OF RIGHTS, AND ANY CONSEQUENT CLAIMS. STATE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED BY CUSTOMER THROUGH THE SITES.

Some jurisdictions may provide you with certain warranties or guarantees that cannot be excluded by contract (“consumer guarantees“), or only limited in certain circumstances, and nothing in these Terms alter those consumer guarantees if it is illegal for State to do so. If those consumer guarantees apply to you and State cannot legally exclude those consumer guarantees, then to the maximum extent permitted by law, State: (1) excludes or limits those consumer guarantees; and (2) limits State’s maximum liability to the fullest extent possible to the lesser of:
1. in the case of services, the supply of the services again or the payment of the wholesale/trade cost of having the services supplied again; or
2. in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired.
State will not be responsible for spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the Product or Design creation process, errors in user-selected options such as choice of finish or colour or print location, quantity or product type, and damage to the Products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order on the Sites. State does not proof read/check any Supplied Contents created by its customers prior to processing.
If any Product warranty and/or consumer guarantees is granted hereunder, such warranty or guarantees shall extend directly to customer only and not to any of the customer’s customers, agents or representatives. State does not, at any time, give any warranty of fitness for a particular purpose, merchantability or non-infringement of intellectual property rights.
LIMITATION OF LIABILITY

IN NO EVENT SHALL STATE OR ITS LICENSORS, SUPPLIERS, VENDORS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OPPORTUNITY OR PROFITS, WHETHER OR NOT STATE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITES OR PRODUCTS OR SERVICES SOLD THEREON, OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM STATE, OR ANY PRODUCTS OR SERVICES YOU ORDERED THROUGH THE SITES DIRECTLY OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE OR DELIVERY OF PRODUCTS. IN NO EVENT SHALL STATE BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITES OR THEIR CONTENT, OUR SUPPLIED PRODUCTS OR SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS OR SERVICES.
IF YOU LIVE IN A COUNTRY, PROVINCE OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN THE ABOVE SECTIONS, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AT ANY TIME WILL STATE’S TOTAL AGGREGATE LIABILITY TO CUSTOMER EXCEED THE LESSER OF: (A) CAD$500, AND (B) THE AMOUNT OF FEES PAID BY CUSTOMER TO STATE FOR THE ORDER GIVING RISE TO THE CLAIM. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
Sites Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to State in connection with the operation of the Sites including its content or any of our offered and/or supplied Products, shall be provided by the submitter and received by State on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of State. By submitting any such information to State, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that State shall be free to use such information on an unrestricted basis.
Privacy and our Use of Cookies
State has set out in its Privacy and Cookie Policy how we collect, use, disclose, store and protect the information that you submit to us during the use of the Sites. This Privacy and Cookie Policy applies to every Sites visit, every use of our services, and every transaction and agreement that is concluded through the Sites.
Miscellaneous
By using the Sites, you represent and warrant that you are at least 18 years old and understand these Terms. In the event any provision hereof is found to be unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the extent necessary to allow enforceability of the provision as so limited, or, if a deemed modification is not satisfactory in the judgment of that court, the unenforceable provision shall be deemed deleted, and the validity and enforceability of the remaining provisions shall not be affected thereby.
Governing Law, Jurisdiction and Dispute Resolution

All matters relating to your access to or use of the Sites or order of services and/or Products through the Sites shall be governed by the laws of the Province of Ontario, and the federal laws of Canada applicable therein without giving effect to any choice of conflict of law provision, principle or rule. You agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any sale made through the Sites under these Terms.
Any legal action or proceeding relating to or arising from your access to or use of the Sites or order of services and/or Product through the Sites shall be instituted in the Province of Ontario, Canada. You agree to submit to the jurisdiction of the courts sitting in the Province of Ontario and agree that venue in these courts is proper in any such legal action or proceeding. You also agree to not assert, in any legal action or proceeding involving State, that a court sitting in the Province of Ontario, Canada, is an inconvenient forum for such legal action or proceeding.
We recognise that in some countries, provinces or states, you might have legal rights as a consumer. If you are using the Sites’ services or ordering a Product for a personal purpose, then nothing in these terms or any Terms limits any consumer legal rights which may not be waived by contract.

This Privacy and Cookie Policy (“Privacy Policy”) describes what information State (“State”, “we”, “our”, or “us”) collects from you through your use of and access to our website gostatego.com, apps and/or mobile sites (collectively, the “Sites”) services, products or other tools we offer (collectively “Services”) and where reference is made to this Privacy Policy and how we use, share and protect it. It also summarizes your rights and tells you how you can exercise those rights.

Content

Applicability

This Privacy Policy applies to all users of the Sites, including unregistered and registered users, designer contributors as well as to our customers or potential customers (collectively, “user”, “you”, or “your”), and to all State Services that link to this Privacy Policy. To provide you the Services, we may collect personal information relating to an identified or identifiable natural person (“Personal Information”). Personal Information does not include your name, business address or business contact information, such as your business title, email address or phone numbers, which you provide to us for business purposes. Any Personal Information that we collect from and about you while using our Services will be handled in accordance with this Privacy Policy. Depending on where you live and what you are doing on the Sites, supplemental privacy pages may apply to you.
Please keep in mind that this Privacy Policy does not apply to Personal Information collected about you by third-party websites or apps that may post links or advertisements on or otherwise be accessible from the Sites. The Personal Information collected by these third-party websites is subject to their own privacy policies and State is not responsible for the privacy practices of those third party websites and apps.
We encourage you to read this Privacy Policy and any supplemental privacy pages in its entirety before using our Services or ordering products from State to make sure you fully understand our practices in relation to your Personal Information. By accessing or using the Sites and Services, you acknowledge that you have read and agree to this Privacy Policy.
Who we are
State operates an e-commerce business with a primary objective of being the expert design, print and marketing partner for businesses of various sizes.
Personal Information We Collect and How Do We Collect It
State offers you a wide range of services to meet your print, digital, design, uniform, display and marketing needs. Depending on which services you use, we collect various types of Personal Information from different sources. As described below, some information is collected automatically when you visit the Sites or purchase something, and some you voluntarily provide to us when registering or filling out a form, uploading content, buying a product or service or communicating with us. We may also acquire information indirectly from third parties and other sources, including social media websites. If you choose not to share certain Personal Information, we might not be able to provide some of our Services. Similarly, if you decline to let us place certain cookies on your device, the Sites will only have limited functionality (see more information about cookies below).
Personal Information We Collect Automatically

Device and location data: Whenever you visit or navigate the Sites, we automatically collect certain information through your device or browser. This information includes your IP address and information about your computer’s hardware and software (for example, the type of operating system, the browser you use, the versions of the application or software and language settings). We may also collect location information from your IP address or if you have instructed your device to send such information via the privacy settings on that device. We collect some of this information by using cookies or other similar technologies directly from your device. For more information about how we use these technologies, see our Cookies section below.
Sites navigation and usage data: We also automatically collect and store certain information about your activities on the Sites such as the date, time and pages you visit, and how you use our Services and access its contents (such as search history, clickstream data, access logs and other usage data regarding your interactions with the Sites and our marketing emails and online ads).
Session replay recordings: We also collect session replay recordings (such as mouse movements, clicks, typing, viewings and scrolling).
Purchase and transaction history: If you place an order or request a service, we will collect your purchase particulars and transaction history.
Bot usage data: If you contact us via chatbot, in addition to processing your contact information, we will be able to collect your device information and IP address.
If you are a registered user, we link this automatically-collected data to the other Personal Information we collect about you as described below. We use this data for various purposes as further detailed below.
Personal Information You Give Us

Contact details and log-in credentials: When you register for an account on the Sites, we collect your first and last name, phone number, address, e-mail address and password.
Payment information: If you place an order or request a service, we collect information that you provide to us such as your shipping, billing, and payment information (such as credit card or bank account details) as well as tax information and information to verify your identity (i.e., passport, ID card or driver’s license information). You may also have the option to store credit card or other payment information to make it easier to purchase products or services from the Sites in the future.
Content data: Some of our Services allow you to upload and share graphics, photographs, images, document layouts, templates, artwork, text, graphics, illustrations, logos, photos, designs, audio, video, music, fonts, blog posts, software tools, trademarks, service marks, media content, stock images or other content (collectively, the “Content”) with us or other users, in order to communicate with us or other users or to personalise products and services. The Content you voluntarily choose to upload to the Sites may include Personal Information about you. For example, if you design and personalize a product, we collect the Personal Information you use to customize the product, such as the name of your business, your professional title, your photo or other Content you upload. If you choose to enter into a design contest, we collect the Personal Information you choose to provide to us in the logo and brand guide brief, such as the name of your business, your slogan or other Content you upload. When you upload your Content to the Sites or give us permission to access the Content stored on your device, your Content may also include related image information such as the time and the place your photo was taken, tags and similar information stored by your image capture device.
Profile information: We may collect demographic information about you such as your gender, country, and preferred language, as well as other information about your interests and preferences, including favorite templates and work on designs or products. For example, if you are a designer using our Services, we will store the information on the profile you create and the content you choose to make available to other users, such as your professional background, time zone, location, avatar, design concepts and templates, service offerings, and messages and testimonials. Some of this information is part of your public profile and will be publicly visible.
Communications and marketing: If you contact our customer service teams or communicate with us by other means (for example, social networks), we will also collect information about you from these communications, either in relation to feedback you give us or help you ask for in relation to the use of our products and services. We will also collect your preferences in receiving direct marketing from us and our third parties and your communication preferences.
Forms: From time-to-time, we may offer discounts or give you the opportunity to participate in sweepstakes, contests or surveys. If you participate, we will collect certain Personal Information from you and we may publicly disclose that information.
Reviews: We may also ask you to write a review to share your experiences with others. When you write a review on the Sites, we collect the information you include, along with the name you display. Please note that reviews posted on the Sites are public, so only include information you are comfortable with sharing publicly.
Personal Information You Give Us About Others
The Content you choose to upload to the Sites may include Personal Information of others. If you choose to share your Content or other information with someone else through a feature we offer or participate in our referral program, we will use the Personal Information you voluntarily provide (for example, the full name, phone number and/or e-mail address of the recipient) to fulfill your request and for other purposes described in this Privacy Policy. Before you upload and/or share Personal Information of others through the Sites, please ensure that you have the consent of such persons to do so and that the persons about whom you have provided Personal Information have understood and accepted how State uses their Personal Information (as explained in this Privacy Policy).
Personal Information We Receive From Other Sources

State may also obtain information about you that is publicly available or from other sources, such as independent third parties, business partners, affiliates or suppliers. Any information we get from these sources is combined with Personal Information you provide to us for the purposes described in this Privacy Policy.
For example, we may receive Personal Information about you from third-party sources, such as (i) postal service providers to validate postal address information; ii) security providers, fraud detection and prevention providers to help us screen out users associated with fraud, ii) social media platforms, when you log-in or sign-up using your social media account (e.g., your username, basic profile account information, profile photo), (iii) in some cases, we may collect Personal Information from lead enhancement companies which help us to improve our service offering; and vi) advertising and marketing partners in order to monitor, manage and measure our ad campaigns and serve you more relevant advertising.
End Users Information
We may also collect Personal Information pertaining to visitors and users of our websites or services (“End Users Information”), solely for and on your behalf. For example, you are able to add a Contact Form on your website. Information submitted by visitors of your website are then stored with State, on your behalf. For such purposes, State serves and shall be considered as a “Processor” and not as the “Controller” (as both such capitalized terms are defined in the European Union General Data Protection Regulation (“GDPR”)) of such End Users Information. You are responsible for complying with all laws and regulations that may apply to the collection and control of such End Users Information, including all privacy and data protection laws of all relevant jurisdictions. The processing and transfer of the End Users Information shall be in accordance to the Data Processing Agreement (“DPA“).
How Do We Use Your Personal Information?

We use the information we collect about you for the following purposes:

Create, manage and maintain your account: to maintain your account and facilitate integrated services, such as single-sign on; to allow you to log in, navigate the Sites and make purchases; to verify the identity of our users; to provide you with technical support including for example resetting your password.
Provide you with our Services: to provide you with the experiences, products and services you request, view, engage with, or purchase; to fulfill, manage and deliver your order; to enable you to access and use our Services, including uploading, downloading, collaborating on and sharing Content; to maintain and administer our Services.
Customer support: to provide customer service and quality assurance, including sending you service messages by text, chat, email or phone; sharing your relevant data (such as order ID or account information) with our customer care team allows us to address your questions and needs. Calls with our customer care team will be monitored in real time or recorded for quality control and training purposes. Recordings are saved for a limited time and automatically deleted afterwards, unless it is necessary to retain the recording for legal or fraud investigation purposes.
Customer analytics: to better understand how you access and use our Services; to determine how effective our promotional campaigns and advertisements are; for research and analytical purposes, such as to assess and improve our Services, user experience, and business operations and to develop new features, products, or services.
Supporting collaboration, networking, and projects: to enable you to communicate, collaborate and share Content with users you designate; and enable users to connect with designers, submit projects and receive bids for design services and to otherwise connect users and designers or other providers.
Communicating with you through various channels: to communicate with you about your account or order, including to provide customer service related thereto; to send communications in connection with your use of our Services, such as reminders concerning your designs in progress; to notify you when you receive new messages from another user; to respond to your requests and inquiries; to send you important updates and announcements related to the Sites or our products and services (for example product recalls or safety issues); and to invite you to provide us with your feedback about our Services and customer care team.
Marketing our products and services to you (including providing co-branded offers with our partners or affiliated companies): to support our marketing and advertising activities, including to send you offers and promotions for our products and services or products and services offered by our partners or affiliated companies; to send you news about products, services and designs in progress; to contact you about information we feel may be of interest to you; to better reach you with more relevant ads (both on the Sites and on third-party websites); to measure, personalize and improve our advertising and marketing campaigns; and to manage promotional activities (such as sweepstakes, discount codes, referral programs, or contests) in which you participate. If you have voluntarily signed up to receive marketing updates, we use profiling to ensure that marketing materials are tailored to your preferences and to what we think you will be interested in. This does not have any significant effect or a legal effect on you.
Personalization: to provide integrated and personalized services, products and offers, including conducting marketing and/or market research; to personalize our communications with you; to tailor the content you see in order to provide features and information that match your interests and preferences; and to group users of our Services based on, for example, usage and demographics.
Security: to prevent and detect fraud, unauthorized activities, access, and other misconduct; to improve the security of our network and information systems; and to enhance our data security and fraud prevention capabilities. For security purposes, we may conduct profiling based on your interactions with our Services, your profile information and other Content you submit to us, and information obtained from third parties (for example to lock stolen accounts or accounts that are used for spamming/fraud).
Complying with legal obligations: we may need to disclose your Personal Information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, to manage, defend and resolve legal claims and disputes, for investigations and regulatory compliance, to enforce the terms and conditions applicable to our Services, to comply with the legal requirements of government authorities, or to protect the rights, property, safety and security of State, our employees, customers, and others.
On what legal bases do we collect your Personal Information?

Certain laws require that we inform you of the legal bases for our processing of your Personal Information. Pursuant to this, we may process Personal Information for the following legal bases:

Performance of contract: where the collection and processing of your Personal Information is necessary to perform a contract or to take steps to enter into a contract with you (for example, to fulfill your order or to provide you with our customer service and technical support).
Compliance with legal obligation: where it is necessary to comply with a relevant legal or regulatory obligation that we have (for example, to respond to law enforcement requests).
Our legitimate business interests: in furtherance of our legitimate business interests including: to maintain, enhance and improve our Services, user experience, and business operations and to develop new features, products, or services;

to facilitate your participation in interactive features you may choose to use on the Sites and Services and to personalize our Services (for example by presenting content tailored to you);
to correspond with you, notify you of events or changes to our Services, or otherwise respond to your queries and requests for information;
except where consent is required under applicable laws, to undertake marketing activities to offer you products or services that may be of interest to you via email, such as promotions for our products and services;
for data analysis and reporting (for example to determine the effectiveness of our marketing campaigns or understand how our Services are being used);
for audits, fraud monitoring and prevention; and/or
to protect and defend our legal rights and interests and those of third parties.

When using Personal Information for the legitimate interests of State, it is conducted in a way that is proportionate and that respects your privacy rights.

With your consent: When necessary as provided by applicable law, State will obtain your consent before processing your Personal Information (for example for the purposes of direct marketing communications). You can withdraw consent at any time as provided under the “Contact Us” section below.
Age of Majority
Our Services are not targeted to or meant for use by children under the age of eighteen (18) years old, and children under that age are prohibited from creating an account or otherwise providing their Personal Information. If we become aware that a child under the age of eighteen (18) has provided Personal Information through the Sites, we will remove their personally identifiable information from our files. If a parent or guardian becomes aware that their child has provided such information through the Sites, the parent or guardian should contact us promptly so that we may respond appropriately.
Who Do We Disclose and Share Your Personal Information With?

We may share your Personal Information in the following situations:

Service Providers: We provide your Personal Information to third-party service providers to assist us with:

Fulfilling or delivering your order;
Storing and securing data;
Processing payments and assist with collection of overdue accounts, if any;
Website and platform operations;
Cloud storage;
Marketing, analytics and fraud detection activities; and
Customer service.

These service providers are only allowed to use your information in connection with the specific service they provide on our behalf.

Among State Services and Affiliates: We may share your information internally among our affiliates and subsidiaries for purposes described in this Privacy Policy. This allows us to offer features such as the ability to use your State account credentials across all of the Sites where available, and to seamlessly add your contact details and Content to your State account. The information collected by us may also be used to improve other State products and services, and for analytics, customer service, marketing and other purposes as described in this Privacy Policy. We limit access to your Personal Information to employees who have a need to use the information and are obligated to protect that information and keep it confidential. Sharing Personal Information by with our affiliates and subsidiaries located outside of Canada will only take place under an approved transfer mechanism as further described below.
Partners: We may offer products or services that are provided by our business affiliates and partners. If you choose to engage in such offers, our affiliates and partners may have access to and process your Personal Information. Our affiliates and partners may also share with us certain Personal Information they collect about you. We suggest that you review their privacy policies for more information about how they process and share your Personal Information. We may also share your Personal Information where you direct us as part of the Services we are providing to share your Personal Information with another user or to a third-party service provider in order to integrate our services with a service that they may provide, for example with a third-party printing partner, website builder or web development service provider so that they can provide you with a service.
Law Enforcement, Mergers and other situations: We may also share your Personal Information as required or permitted by law, including to enforce our Terms and Conditions and agreements with designers, or to protect our rights or property or those of others. We may also be required to respond to requests from law enforcement agencies, but only if those agencies meet the standards for obtaining Personal Information consistent with local laws and data protection requirements. Finally, we may provide some or all of your Personal Information to one or more third parties in the event of a merger, acquisition, sale of assets, bankruptcy, insolvency event, corporate reorganization or similar event involving us.
Data Transfer
State operates international. The information we collect about you, as described in this Privacy Policy, may be accessed, processed, stored in or transferred to countries that may not have the same data protection laws as the country in which you reside.
What Rights Do You Have to Access and Control the Use of Your Information?
Subject to the applicable law and dependent on certain conditions, you may have the following rights:

Access: Access your Personal Information and obtain copy of the Personal Information we hold about you;
Rectify: Correct or update inaccurate or incomplete Personal Information;
Delete: Request that we delete your Personal Information (or alter it so that you are not identifiable);
Object: Object to the processing of your Personal Information;
Portability: Request data portability for Personal Information provided by you;
Restrict: restrict the processing of your Personal Information (when there is a legal basis for that);
Withdraw consent: withdraw your consent where processing is based on a consent you have previously provided (such as for direct marketing purposes);
Lodge complaint: exercise your rights by contacting us directly or by lodging a complaint with a local supervisory authority.

We may ask you to verify your identity before taking further action on your request.

How Can You Exercise These Rights?

Access, Rectify, Copy, Delete, Portability: You may exercise some of the rights listed above by going to your Account settings page and updating your Personal Information and preferences. You can also contact our customer care team to exercise any of the rights listed above by using any of the methods listed in the “Contact Us” section below.
Opt-out of marketing communications: You can change your marketing preferences at any time by either clicking the “unsubscribe” link at the bottom of any marketing email, by changing your marketing preferences through your Account settings of the respective State signature service, or by contacting our customer service team as provided for in the “Contact Us” section below.

Even if you choose to unsubscribe from receiving any advertising via email, telephone or by post, we may still communicate with you using any of these methods regarding your orders, your State account or for other administrative purposes (such as communications related to any pending order, shipping, payment, unresolved customer service issue, or policy update). If you do not want to receive any communications from State, you’ll need to delete your State account.

Lodge a complaint: If you have a complaint about this Privacy Policy or our privacy practices, please contact our data protection officer by emailing dataprotection@gostatego.com, so your concerns can be addressed directly.
What Happens When You Request Your Account to be Deleted?

After you contact us to delete the Personal Information we hold about you, and we verify your identity, we will then close your State account and erase your Personal Information from our systems.
Please note that even when you ask us to delete your information, we may be allowed by law to keep certain information (for example, records of transactions, shipments or payments), and we may still retain anonymous information about things like how customers interact with our Services.
After we process your request, you will immediately lose access to the following:

Your State account;
Your State account login and password;
Order history with any of State’s services;
Products you have designed and stored and services you have used;
Uploaded images, any stored designs and other Content with any of State’s services.
Deleting your State account is a permanent change. It cannot be reversed.
How Long Do We Keep Your Personal Information and How Do We Protect It?

We only retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law (for example, records of transactions, shipments or payments).
State has implemented technical, physical, and administrative safeguards and security measures that are designed to protect against unauthorized access, disclosure, use and modification of Personal Information. These measures include but are not limited to encryption methods, access controls, controlled administration of user rights and by limiting the access to the Personal Information to those who have a business need for such access in connection with State as described herein. We regularly review our security procedures to consider appropriate new technology and methods.
Please recognize that protecting your Personal Information is also your responsibility. When you establish a State account, you should select a strong password and keep it safe by not sharing it with others. You may change the password as often as you wish by going to your ‘Account Settings’. If you have reason to believe that the security of your account might have been compromised (for example, your password has been leaked), or if you suspect someone else is using your account, please let us know immediately.
We take information security and privacy seriously and our goal is to provide a safe and secure site for all users.
What are Cookies?

Cookies are small data files which often include a unique identifier that are stored on your device when you visit certain State web pages. Cookies are useful because they allow a website to recognize a user’s device.
To give you the best experience, State and its services tailor their Sites to show the most relevant content and helpful offers. The Sites use cookies that, among other things, let you navigate between pages efficiently, remember your preferences and generally improve your experience on the Sites. They can also help to ensure that advertising you see online is relevant to you and your interests.
How Can You manage Which Cookies are Placed on Your Device?

Using browser controls: The Help menu on the menu bar of most browsers will tell you how to enable or prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. Please be aware that if you disable or delete certain cookies our websites will not work properly.
Third–Party Cookies: When you use the Sites, you may notice content provided by a company other than us. Also, if you ‘share’ State content with friends through social networks, such as Facebook and Twitter, these social networks may place cookies on your browser. We have no access to or control over cookies used by these companies or third-party websites. If you’d like to opt out of cookies created by ‘sharing’ State content through social networks – such as Facebook and Twitter – we suggest you check those third-party websites for more information about their cookies and how to manage them.
Contact Us

If you have general questions about our Services, would like to update your marketing preferences, make changes to your information, or would like to exercise your rights to access and control the use of your information, please reach out to the customer care team at ∙:
If you have any questions about this Privacy Policy or our privacy practices, please contact our Data Protection Officer by emailing dataprotection@gostatego.com.
Changes to this Privacy Policy
From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We reserve the right (without notice) to modify this Privacy Policy at any time in accordance with the applicable law. If we do so, we will post the revised Privacy Policy and update the “Last Updated” date at the top, so please review it frequently. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on our Sites, and/or by other means, consistent with applicable law. Your continued use of the Services will be deemed acceptance of any and all changes to this Privacy Policy.

Canadian Sales Tax Policy

Last updated: March 7, 2023

All prices displayed at State’s website g ostatego.com, its apps and/or mobile sites (collectively, the “Sites”) are exclusive of Canadian taxes (GST/PST/HST). The final page of any order placed on the Sites will display the applicable GST/PST/HST based upon customer’s ship-to address. Applicable Canadian taxes will be applied at the rates set out below to all shipments originating from and to destinations within Canada.

Ship-To Province	Tax Rates for Products	Tax Rates for Shipping/Postage
Alberta	GST of 5%	GST of 5%
British Columbia	GST of 5%, PST of 7%	GST of 5%, PST of 7%
Manitoba	GST of 5%, PST of 7%	GST of 5%, PST of 7%
New Brunswick	HST of 15%	HST of 15%
Newfoundland	HST of 15%	HST of 15%
Nova Scotia	HST of 15%	HST of 15%
Northwest Territories	GST of 5%	GST of 5%
Nunavut	GST of 5%	GST of 5%
Ontario	HST of 13%	HST of 13%
Prince Edward Island	HST of 15%	HST of 15%
Quebec	GST of 5%, PST of 9.975%	GST of 5%, PST of 9.975%
Saskatchewan	GST of 5%, PST of 6%	GST of 5%, PST of 6%
Yukon	GST of 5%	GST of 5%

Canadian Taxes and Pricing

An invoice with Canadian taxes will be provided via the email address you provide after your order on the Sites has been placed. This invoice should be used for all tax refund and reporting purposes. The invoice will include State’s Sales Tax Registration Number. The tax amounts for all applicable taxes (GST/PST/HST) will be provided in Canada currency. This may not the amount charged to your credit card and may not reconcile against credit card statements.

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