(Web + Sales + Service) ver.33
Effective Date: January 1, 2025
Replaces: Terms of Service ver.32, the Terms & Conditions ver-20.1 previously posted at /warranty, and all prior versions.
The version of these Terms in effect on the date of your Transaction governs that Transaction. Prior versions are retained and available on request.
Canvas USA® is a brand of Canvas USA, Inc. (“Canvas USA®,” “we,” “us,” “our”), which is the contracting party. We offer custom marine, residential and retail products and services, including custom manufacturing, repairs, installations and related work, and we also resell products made by others. These Terms of Service (“Terms”) govern (1) access to and use of our websites and online services (“Website”), and (2) all quotations, purchases, services and work performed by Canvas USA® (each, a “Transaction”).
By using the Website, requesting a quote, approving specifications (including by email or text), placing an order, signing an estimate or invoice, submitting any payment, checking a box or clicking “I Accept,” or otherwise authorizing work, you (“Customer,” “you”) agree to these Terms.
Conspicuous Material Terms (Must Read)
• BUILT FOR YOU AND CUSTOM PRODUCTS CANNOT BE RETURNED, EXCHANGED OR REFUNDED (§7.1)
• A 50% DEPOSIT IS REQUIRED. IT RESERVES YOUR PRODUCTION SLOT AND IS EARNED THE MOMENT WE RESERVE IT (§6.1–6.2)
• IF YOU CANCEL, WHAT WE KEEP DEPENDS ON HOW FAR YOUR PROJECT HAS PROGRESSED (§6.4)
• A BASE CHARGE IS A MINIMUM, NOT A MAXIMUM. AN ESTIMATE IS NOT A MAXIMUM PRICE. CUSTOM WORK IS BILLED ON ACTUAL TIME AND MATERIALS (§2.2–2.3)
• YOUR BALANCE IS DUE IN FULL BEFORE WE RELEASE, SHIP OR DELIVER, AND BEFORE FINAL INSTALLATION (§6.6)
• YOUR ACCOUNT MUST BE PAID IN FULL BEFORE YOU BRING A CLAIM, AND YOU MUST GIVE US WRITTEN NOTICE AND A CHANCE TO REPAIR (§11)
• STORAGE FEES APPLY 30 DAYS AFTER COMPLETION NOTICE; UNCLAIMED ITEMS MAY BE SOLD OR DISPOSED OF AFTER 60 DAYS (§8)
• ITEMS YOU SEND US TO COPY MAY BE DISPOSED OF UNLESS YOU ASK IN WRITING FOR THEM BACK (§9.6–9.8)
• A DUPLICATE IS ONLY AS GOOD AS WHAT YOU SEND US (§9.7)
• BINDING ARBITRATION AND CLASS-ACTION WAIVER — WITH A SMALL-CLAIMS EXCEPTION (§16)
• LIABILITY IS LIMITED; CONSEQUENTIAL DAMAGES ARE EXCLUDED (§13)
• CLAIMS MUST BE BROUGHT WITHIN TWO YEARS (§12)
• TEXAS LAW GOVERNS. YOUR ORDER IS FORMED IN THE COUNTY OF THE CANVAS USA® LOCATION THAT WROTE IT (§1.5, §16.8)
• IF YOU SIGNED THIS SOMEWHERE OTHER THAN A CANVAS USA® LOCATION, YOU MAY HAVE THREE BUSINESS DAYS TO CANCEL (§3)
0) DEFINITIONS
“Built For You” means a product we make to your own measurements and selections through one of our Built For You programs. Built For You products are Custom Goods.
“Custom Goods” means goods made, modified, cut or configured to Customer-approved specifications, including Built For You products, cut-to-length materials and custom-tinted coatings.
“Stock Goods” means goods we resell in the condition received from their manufacturer and hold as ordinary inventory. Stock Goods are not Custom Goods, and §7 governs their return.
“Special Order Goods” means goods we order from a supplier specifically to fulfil your order and do not hold as ordinary inventory.
“Base Charge” means the starting price for a custom project or repair. A Base Charge is a minimum, not a maximum. Your final cost will not be lower than the Base Charge, and it may be higher depending on the time and materials your job actually requires. A Base Charge is not a fixed quote and not a not-to-exceed number.
“Production Start” occurs at the earliest of: (a) acceptance of your order, at which moment we immediately reserve production capacity and a scheduling position — your production slot — for your project; (b) design, patterning, templating, measuring or layout begins; (c) materials are ordered, procured, cut, staged, allocated or reserved to your order; (d) fabrication, sewing, assembly, preparation or shop labor begins; or (e) shop time is logged to your order.
“Completion Notice” means written notice — email, text or invoice message — that your project is complete or ready for pickup, shipment, delivery or installation.
1) ACCEPTANCE; THE VERSION THAT GOVERNS
1.1 Acceptance. You accept these Terms on the earliest of: signing or approving a quote, estimate, invoice or work order; written approval by email or text; submitting any payment or deposit; electronic acceptance; or permitting us to begin work.
1.2 The governing version. The version of these Terms in effect on the date of your Transaction governs it. We may amend these Terms prospectively; an amendment does not change a Transaction already formed. At signature we record the version you accepted, and we will provide you a copy of that exact version on request.
1.3 Entire agreement. These Terms, the applicable quote or invoice, your approved specifications, the Canvas USA® Limited Warranty and the Returns Policy are the entire agreement. Oral statements are not binding.
1.4 Order of control. In the event of conflict: (1) signed written addenda; (2) quote, invoice or work order; (3) these Terms; (4) the Canvas USA® Limited Warranty; (5) the Returns Policy. No other document posted on the Website is a contract between us.
1.5 Your Canvas USA® location, and where your order is formed. Canvas USA® operates from more than one location, and we may add locations over time. Your order states the Canvas USA® location that wrote it and the county in which that location sits. Your Transaction is formed in that county, and substantial performance occurs there. Where your order does not state a location, your Transaction is formed in Aransas County, Texas.
2) QUOTATIONS; PRICING; SCOPE
2.1 Quotes rely on the information you give us — measurements, photos, descriptions, access conditions and specifications. You are responsible for their accuracy.
2.2 An estimate is not a maximum price. Unless your order states “FIXED PRICE” on its face, custom work and repairs are billed on actual time and materials and the final charge may exceed the estimate. We will notify you and obtain your approval before performing work that would take the total more than 10% above the estimate.
2.3 Base Charge — a minimum, not a maximum. Where your order states a Base Charge, that is the starting price for your project. Your final cost will not be lower than the Base Charge, and it may be higher. The Base Charge is calculated from the typical investment for similar work we have completed, and it covers the labor and materials we expect your job to need. If your project requires more time, materials or hardware than we anticipated, those costs are added to your final invoice. A Base Charge is a floor, not a ceiling: it is not a guaranteed final price, not a fixed quote, and not a not-to-exceed number. Services are quoted on a Base Charge basis unless your order states “FIXED PRICE” on its face.
2.4 What your final bill will show. Where work is billed on time and materials against a Base Charge, your Completion Notice and final invoice will show the actual time and materials charged and how they relate to the Base Charge.
2.5 Quotes are valid for fourteen (14) days unless the quotation states otherwise.
2.6 Quotes apply only to the written scope stated. Where we have not performed an onsite inspection, pricing is provisional and subject to revision after measurement verification or material assessment.
3) IF YOU SIGNED AWAY FROM OUR BUSINESS LOCATION: YOUR RIGHT TO CANCEL
3.1 If you signed this order at your home, or at any place that is not a Canvas USA® business location, and the price is $25 or more, federal law gives you three business days to cancel this order for any reason. We will give you a completed Notice of Cancellation, in duplicate, at the time you sign, and your three business days run from that moment.
3.2 To cancel, deliver a signed and dated copy of the Notice of Cancellation — or any other written notice saying you wish to cancel — to Canvas USA® at Canvas USA, Inc., 1010 Hwy 35 South, Rockport, Texas 78382 or customerservice@canvasusa.com, no later than midnight of the third business day after you signed.
3.3 If you cancel within that period we will refund everything you paid, including any deposit, within ten business days, and no cancellation charge, administration fee or restocking fee of any kind will apply. Sections 6 and 7 do not apply to a cancellation under this Section.
3.4 This Section does not apply where you first visited a Canvas USA® business location and negotiated this purchase there, or where you asked us to come to your property to perform a repair or maintenance.
4) SHIPPING TIME ON ORDERS WE SHIP TO YOU
4.1 What this Section covers. This Section applies only where (a) you placed your order online, by telephone or by mail, and (b) we ship your goods to you by carrier. It does not apply to orders placed in person at a Canvas USA® location, or to work we deliver, install or perform at your property using our own team. Those are covered by §4.5.
4.2 Stated shipping time. For orders covered by §4.1, your order states the time within which we expect to ship. Where your project will take longer than thirty days to make, we will state that longer time on your order before you accept it. Where your order states no time, we will ship within thirty (30) days of receiving your properly completed order — meaning the point at which we have both your payment and all of the information we need to process and ship it, including approved measurements, specifications, colors and selections. If we are waiting on information from you, that time has not started. Where §3 gives you three business days to cancel, we do not begin production until those three business days have run, and any shipping or completion time stated on your order is counted from that point. This protects you: nothing is cut or ordered while you still have the right to change your mind.
4.3 If we cannot meet it. If we cannot ship within the stated time, we will notify you before that time expires and offer you the choice to consent to a new stated date or to cancel your order for a full and prompt refund. We will try to reach you by email, by text and by telephone so that we do not cancel a project you still want. If we do not receive your consent, we will treat the order as cancelled and refund you promptly.
4.4 If a revised date passes and we have not received your express written consent to a further delay, your order is cancelled and we will refund you promptly.
4.5 Everything else — custom projects, delivery and installation. For orders placed in person, and for work we deliver, install or perform at your property, any date we give you is an estimate, not a guarantee, unless it is guaranteed in a signed addendum. Custom work is ordinarily completed in six to eight weeks, and larger or more complex projects can take longer. We will tell you when your project is ready by Completion Notice.
4.6 Scheduling is first-come, first-served. Delay caused by weather, supply chain disruption, labor availability, access limitations or governmental action is not a breach. Nothing in §4.5 or this paragraph limits your rights under §4.1 to §4.4.
4.7 Your production slot, and delays on your side. Your deposit reserves a production slot in our schedule. Because slots are first-come, first-served, a project that waits on you — approvals, measurements, access to your vessel or property, or selections we have asked for — holds a slot other customers are waiting on. If we are waiting on you for more than fourteen (14) days, we may release your slot and reschedule your project to the next available slot when you are ready. Releasing a slot does not cancel your order, does not refund your deposit, and does not change §6.
5) CUSTOMER VERIFICATION; SPECIFICATION APPROVAL
5.1 You must verify all specifications before Production Start, including dimensions, colors, materials, hardware and descriptions.
5.2 Approval — by signing, by payment, or by confirmation in email or text — confirms the specifications are correct and authorizes us to proceed.
5.3 We are not liable for discrepancies resulting from specifications, measurements or material selections you approved, except as covered by the Canvas USA® Limited Warranty.
5.4 Materials and parts you supply. If you supply fabric, hardware, parts or other materials for us to use, we will work with them as you direct, but we give no warranty of any kind on anything you supplied and we are not responsible for its failure, fit, colour, durability or suitability, or for rework or damage arising from it. If something you supplied fails and the work has to be done again, that work is billed on time and materials.
5.5 The condition of what we work on. Boats, vehicles, buildings and outdoor structures often have conditions that cannot be seen before work begins — rot, corrosion, brittle or degraded plastics, weak or missing backing, failing paint or gelcoat, earlier repairs, and fasteners that were never sound. Except to the extent caused by our own negligence, we are not responsible for damage, failure or additional cost arising from those pre-existing conditions, from work previously done by others, or from the condition of the surface, structure or hardware we are asked to fasten to. Where we find such a condition we will tell you, and any additional work is billed under §2.2.
6) DEPOSITS; PAYMENT; CANCELLATION
6.1 A deposit of 50% is required unless a Canvas USA® manager approves a different amount in writing, recorded on your order.
6.2 What your deposit does. Your deposit reserves your production slot. It is earned at Production Start, which occurs on acceptance of your order (§0(a)), because we immediately reserve production capacity and a scheduling position for you.
6.3 If you pay more than the deposit. You may pay more than 50% if you wish. Any amount you pay above the required deposit is credited to your balance and is not treated as an increased deposit under §6.4 — if you cancel, we retain only what §6.4 allows, and the rest is refunded to you.
6.4 If you cancel. What we retain depends on how far your project has progressed:
• Before we commit capacity to your project: an order and administration fee equal to the greater of $95 or 10% of the order.
• After Production Start, before materials are cut: the administration fee, plus documented materials, freight, vendor fees and labor incurred.
• After materials are cut: the full deposit.
• After Completion Notice: the full contract price.
6.5 You agree these amounts are a reasonable pre-estimate of what a cancellation actually costs us at each stage and are not a penalty. Custom Goods cannot be resold in the ordinary course.
6.6 When your balance is due. Your balance is due in full before we release, ship or deliver your product, and before final installation. Where our team delivers or installs, payment is due before our team leaves your property. For field service, payment is due before arrival, or on site before final installation.
6.7 Past-due balances. Past-due balances accrue interest at the lesser of 1.5% per month (18% per year) or the maximum rate permitted by applicable law, from the date payment was due until paid. You also agree to pay our reasonable collection costs, administrative costs, court costs and attorney’s fees, to the extent permitted by applicable law.
6.8 Refunds are issued only to the original payment method, only to the original purchaser, and only after the original charge has settled.
6.9 Section 3 overrides this Section. A cancellation under §3 is refunded in full.
6.10 Title stays with us until you have paid. All materials, parts and finished goods we make or supply for your project remain the property of Canvas USA® until your account is paid in full, even after they have been delivered to you or installed on your vessel or property. If your balance is not paid when due, and after we have given you written notice and a reasonable opportunity to pay, you authorise us to recover those goods, and you agree to give us reasonable access to do so. We will not do this in any way that breaches the peace. Recovery does not cancel what you owe: amounts earned under §6.4 remain due, and the cost of recovery is billed under §6.15.
6.11 How you may pay, and the cash discount. The prices we quote are our card prices. If you pay by cash or check, you receive a 3% discount on the amount you pay that way. The discount applies to any payment made by cash or check, including your deposit and your balance, and it is shown on your order and on your invoice.
6.12 When the discount does not apply. The cash discount does not apply to a payment made by credit or debit card, and it does not apply to orders placed through our website.
6.13 Larger jobs and the card limit. Credit and debit card payments are limited to $10,000 per order. Where your total is more than $10,000, we accept cash, check, ACH or wire for the amount above that limit, and the 3% discount in §6.11 applies to every part you pay that way — on a $25,000 order that is $450 back in your pocket. We will tell you which methods apply before you accept the order.
6.14 Progress payments. On longer or larger projects we may require payments as the work advances. Where we do, the schedule is stated on your order, and §6.7 applies to any progress payment not made when due.
6.15 Trips, access and return visits. Our price assumes we can reach and work on your vessel or property at the agreed time. If we arrive and cannot work — no access, the vessel is not where you told us it would be, the area is not clear or ready, a gate or slip is locked, or nobody is there to let us in — the trip is billed on time and materials, including travel time. If you do not pay at completion and we must return to collect payment, re-install or recover goods, those return trips, labor and travel are billed on time and materials as well.
6.16 If you are ordering through a business. If you place an order in the name of a company, partnership or other entity, the individual who signs it personally guarantees payment of that order and agrees that we may pursue them individually if the entity does not pay.
7) RETURNS
7.1 Built For You products, Custom Goods and Special Order Goods cannot be returned, exchanged or refunded. Your remedy is the Canvas USA® Limited Warranty. This does not limit §3, §4, or any right you have that cannot be waived under applicable law.
7.2 Stock Goods may be returned within 30 days of delivery with a Return Authorization, in new and unused condition, in original packaging with all parts. The restocking fee is:
• Stock Goods, unopened, original packaging: 15%
• Stock Goods, opened, resalable condition: 25%
• Special Order Goods: 25%, or our supplier’s fee if higher
• Custom Goods, cut-to-length materials, custom-tinted coatings: not returnable
• Hazardous materials once shipped: not returnable
Return freight is the Customer’s responsibility except under §7.3.
7.3 No restocking fee and no freight charge applies where the return is due to our error — wrong item, verified defect, or verified shipping damage.
7.4 Notice of a problem. Report visible shipping damage within 5 business days of delivery, with photographs. Report a defect not visible on delivery within 30 days of discovering it. Reporting late may limit your remedies.
7.5 The restocking fee that applies to an item is stated on its product page before you buy.
8) STORAGE; PICKUP; ABANDONMENT; LIEN
8.1 Storage fees of $25 per item per day may apply beginning 30 days after the Completion Notice. Storage and abandonment timelines begin on issuance of the Completion Notice whether or not you respond, and you are responsible for keeping your contact information current.
8.2 Before we dispose of anything. If an item remains unclaimed 60 days after the Completion Notice, we will send written notice by certified mail, return receipt requested, to your last known address, stating the amount owed and that the item may be sold or disposed of if it remains unclaimed. We will not sell or dispose of any item except in accordance with the notice, waiting period and sale procedure required by Texas law. Any surplus over amounts owed is returned to you.
8.3 We retain a possessory lien to the extent permitted by Texas law.
8.4 No product is released until payment is made in full.
9) YOUR PROPERTY IN OUR CUSTODY
9.1 You are responsible for removing valuables, electronics and personal items from any vessel, vehicle, residence or work area before we begin work or take custody.
9.2 While your vessel, furniture or other property is in our custody you agree to maintain your own insurance covering it, and that your insurer waives rights of subrogation against Canvas USA®.
9.3 Our liability for property in our custody is limited to loss caused by our own negligence and in no event exceeds the contract value of the work performed on that property.
9.4 Claims for loss or damage to property in our custody must be made in writing within 5 business days of pickup or delivery.
9.5 We may refuse, delay or stop work where conditions are unsafe, unlawful or inaccessible, or where any person is hostile, abusive, threatening or intoxicated, or interferes with our team. You remain responsible for time, materials and travel incurred to that point.
9.6 Items you send us to copy. You may send us or leave with us an existing cover, cushion, pattern, panel or part so that we can quote, duplicate or match it. Tell us in writing, at drop-off or when you ship it, if you want that item returned to you. We will note it on your order.
9.7 A duplicate is only as good as what you send us. We match what we are given. If the item you send is stretched, shrunken, faded, previously altered, incorrectly made, worn, incomplete or was not a good fit to begin with, your new product will reflect those conditions. We are not responsible for fit, size or appearance that follows from the condition of the item you sent, and §5.3 applies. If you want a product made to your vessel or property rather than to an old item, ask us to pattern it directly.
9.8 Getting your item back, or authorizing us to dispose of it. If you have asked in writing for an item to be returned, we will hold it for you and §8 applies to it. If you have not asked for it back, you authorize us to dispose of it once your project is complete, together with any packaging, offcuts, remnants and materials you left with us. We are not required to store, return or account for an item you did not ask us to keep.
9.9 Patterns, templates and prototypes that Canvas USA® creates for your project remain our property — see §17.3.
10) WARRANTY
10.1 Goods we manufacture are covered by the Canvas USA® Limited Warranty, which is provided with your order and available on every product page before you purchase. The warranty period for your product is stated on its product page and on your order.
10.2 Goods we resell. Stock Goods and Special Order Goods carry the manufacturer’s own warranty, passed through to you. We do not provide a workmanship warranty on goods we did not make. The manufacturer’s warranty text is available on the product page before you purchase.
10.3 Your care products are your choice. Warranty coverage is never conditioned on using Canvas USA® branded cleaners, protectants or other care products. We recommend products suitable for your fabric; using a suitable product from any manufacturer does not affect your coverage.
10.4 Nothing in these Terms waives a right you have under applicable law that cannot be waived.
11) NOTICE AND OPPORTUNITY TO REPAIR
11.1 Before bringing any claim, demand, arbitration or lawsuit, you agree to give us written notice describing the problem and what you would like us to do, sent to Canvas USA, Inc., 1010 Hwy 35 South, Rockport, Texas 78382 or customerservice@canvasusa.com.
11.2 Your account must be current. Your balance, including any deposit and the amount shown on your final bill, must be paid in full before you bring a claim under this Section. Payment is not an admission that a problem does not exist, and paying does not waive anything — it keeps the two questions separate, so that a concern about the work is resolved on its merits rather than by withholding money. This paragraph does not apply to, and does not limit, a right you cannot waive under applicable law — including your right to dispute a charge with your card issuer, your rights under §3, and your rights under the Texas Deceptive Trade Practices–Consumer Protection Act.
11.3 We have thirty (30) days from receiving your notice to inspect the product or work, and a further sixty (60) days to repair, replace, or make a written offer of settlement.
11.4 You agree to give us reasonable access to inspect and a reasonable opportunity to perform any repair we offer.
11.5 This Section does not apply to a cancellation under §3, and does not extend any deadline in §12 or under applicable law.
12) TIME LIMIT ON CLAIMS
12.1 Any claim arising out of or relating to these Terms or any Transaction must be brought within two (2) years after the claim accrues, or it is permanently barred.
12.2 This does not shorten any period that cannot be shortened by agreement under applicable law, and does not shorten the warranty period stated for your product.
13) LIMITATION OF LIABILITY; INDEMNIFICATION
13.1 We are not liable for indirect, incidental, special or consequential damages, including loss of use, downtime, towing, storage, travel or lost profits.
13.2 Our total liability for any Transaction will not exceed the amount you paid for that Transaction.
13.3 Nothing in this Section limits liability for gross negligence or wilful misconduct, or any liability that cannot be limited under applicable law. Nothing in these Terms waives any right you have under the Texas Deceptive Trade Practices–Consumer Protection Act, and no provision of these Terms is intended as a waiver of that Act.
13.4 Indemnification. You will indemnify us against claims arising from your acts, omissions, specifications, misuse or negligence, excluding our gross negligence or wilful misconduct, and excluding any right you cannot waive under applicable law.
13.5 Costs of enforcing this agreement. If we have to enforce this agreement or collect what you owe, you agree to pay our reasonable attorney’s fees, collection costs, administrative costs, arbitration fees and court costs, to the extent permitted by applicable law, whether the matter is resolved in arbitration, in court, or without either.
14) PAYMENT DISPUTES
14.1 If something is wrong, contact us first and give us the opportunity in §11 to fix it.
14.2 If you initiate a chargeback or payment reversal inconsistent with these Terms — buyer’s remorse, cancellation after Production Start, dissatisfaction unrelated to a confirmed warranty defect, refusal to pay a balance due, or refusal to accept delivery — that may be a breach of these Terms, and you agree to reimburse our reasonable dispute costs to the extent permitted by applicable law.
14.3 We maintain records for every order — order confirmation, signed acceptance, approved specifications, production evidence, Completion Notice, shipment tracking and delivery confirmation — and may provide them to your bank or card issuer.
14.4 Nothing in this Section limits any right you have that cannot be waived, including rights under the federal Fair Credit Billing Act and your card issuer’s own dispute procedures.
15) ELECTRONIC RECORDS AND SIGNATURES
15.1 You consent to receive these Terms, your order, the Canvas USA® Limited Warranty, notices and any disclosure required by law electronically, by email or through our Website.
15.2 To access and keep them you need a device with internet access, a current web browser, and the ability to receive email and open PDF files.
15.3 You may withdraw consent, or request a paper copy at no charge, by contacting us at Canvas USA, Inc., 1010 Hwy 35 South, Rockport, Texas 78382 or customerservice@canvasusa.com. Withdrawing consent does not affect the validity of records provided before withdrawal and does not cancel an order already accepted.
15.4 Electronic communications and signatures are legally binding under the Texas Uniform Electronic Transactions Act and the federal E-SIGN Act.
16) DISPUTE RESOLUTION
16.1 Federal Arbitration Act. This Section is governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq.
16.2 Your county. Where this Section refers to your county, it means the county of the Canvas USA® location that wrote your order, as stated on your order under §1.5. Where your order states no location, your county is Aransas County, Texas.
16.3 Arbitration. Except as stated in §16.4, disputes are resolved by binding arbitration before the American Arbitration Association under its Consumer Arbitration Rules, in your county. We will pay filing and arbitrator fees to the extent required so that the cost is not prohibitive to you.
16.4 Exceptions. Either of us may bring a claim in small claims court if it qualifies. We may seek injunctive relief in court to protect our patterns, templates, designs and other intellectual property.
16.5 Class waiver. Claims are brought individually. No class, collective or representative proceeding, and no class arbitration.
16.6 The class waiver does not sever. If §16.5 is held unenforceable as to any claim, this entire §16 is void as to that claim and it proceeds in the state courts of your county. In no event will any dispute be arbitrated on a class or representative basis.
16.7 Opt out. You may reject arbitration by written notice within 30 days of first accepting these Terms, sent to Canvas USA, Inc., 1010 Hwy 35 South, Rockport, Texas 78382. Opting out affects nothing else in these Terms.
16.8 Governing law and venue. Texas law governs, without regard to conflict of law principles. Any proceeding not in arbitration is brought exclusively in the state courts of your county.
16.9 Jury waiver. If this Section is held not to apply to a dispute and that dispute proceeds in court, each of us knowingly and voluntarily waives any right to a trial by jury.
17) PHOTOGRAPHS AND INTELLECTUAL PROPERTY
17.1 Photographs we take. Photographs, video and other images created by Canvas USA® — including images of your vessel, property or project taken at intake, during production, on completion or at installation — are the property of Canvas USA®. We may use them for any purpose, including marketing, advertising, portfolio, training and archival use, without further permission and without compensation.
17.2 People and property in those photographs. You consent to the use described in §17.1 of images showing your vessel, your property, and you or members of your party, and you confirm you have authority to give that consent for others in your party. If you would rather a recognizable person not appear in our marketing, tell us and we will not use those images.
17.3 Materials you send us. You keep ownership of photographs, measurements and other materials you send us. You grant Canvas USA® a perpetual, irrevocable, royalty-free, worldwide licence to use them to build your product, maintain project records, and for marketing and portfolio use. If you would rather we did not use your submitted materials in marketing, tell us in writing before production begins.
17.4 Our intellectual property. All patterns, templates, prototypes, designs and fabrication methods created by Canvas USA® remain our intellectual property.
18) TEXT MESSAGES
We may text you about your order. We will send marketing texts only if you separately agree, and you may stop them at any time by replying STOP.
19) PRODUCT SAFETY
Some products carry safety or chemical warnings required by law, including California Proposition 65. Those warnings are shown before you complete your purchase and are provided with the product. Please read and follow them.
20) PRIVACY
Your information is governed by our Privacy Policy.
21) NOTICES
Notices to Canvas USA® go to Canvas USA, Inc., 1010 Hwy 35 South, Rockport, Texas 78382 and customerservice@canvasusa.com. Notices to you go to the address, email or phone number on your order. Please keep your contact details current.
22) GENERAL
22.1 Force majeure. We are not liable for delay or failure to perform caused by events beyond our reasonable control.
22.2 Assignment. You may not assign without our written consent. We may assign freely.
22.3 No third-party beneficiaries.
22.4 Severability. If any provision is unenforceable the rest remains in effect — except that §16.5 does not sever, as stated in §16.6. Provisions that by their nature should survive termination do so.
22.5 No assignment of claims. You may not assign, sell or transfer a claim against Canvas USA® to any other person or entity without our written consent.