Terms of Service & Custom Order Agreement

Effective Date: September 4, 2026

These Terms of Service & Custom Order Agreement (the “Terms”) govern your access to threedeltaactual.com, purchases from Three Delta Actual LLC, custom-order requests, and any products or services provided by Three Delta Actual LLC (“Three Delta Actual,” “TDA,” “we,” “us,” or “our”). By using this website, submitting a custom-order request, approving a proof or design, paying a deposit or invoice, or completing a purchase, you agree to these Terms.

1. Contracting Party

All purchases, custom orders, services, communications, invoices, and transactions are with Three Delta Actual LLC, a Texas limited liability company. To the fullest extent permitted by law, no member, manager, officer, employee, contractor, designer, representative, or agent of Three Delta Actual LLC is individually a party to a customer transaction or personally liable for obligations of the company.

2. Order Acceptance and Right to Refuse Service

Submitting an order or custom request does not require us to accept it. We may decline, cancel, suspend, or refuse any order or request for legitimate business, safety, fraud-prevention, legal, intellectual-property, capacity, production, or payment reasons. If we cancel an order after accepting payment and before nonrefundable work or materials have been committed, any refund due will be handled in accordance with applicable law and the circumstances of the order.

3. Custom and Made-to-Order Products

Many TDA products are custom, personalized, made to order, fabricated in small batches, or produced specifically for a particular customer. This may include 3D-printed products, laser-cut or laser-engraved products, UV-printed products, acrylic signs, unit or organizational displays, challenge coin holders, plaques, drinkware, apparel, insignia-based items, and other fabricated goods.

Production methods, materials, dimensions, colors, finishes, assembly methods, and design details may vary as reasonably necessary to manufacture the item unless a particular specification is expressly stated in writing as a material requirement of the order.

4. Design Proofs, Approvals, and Customer Responsibility

If we provide a mockup, proof, rendering, drawing, digital preview, photograph, sample, measurement, or other design for approval, the customer is responsible for reviewing it carefully before approval. Approval confirms acceptance of the information reasonably visible or stated in the proof, including names, spelling, dates, ranks, unit designations, logos, artwork, colors, orientation, layout, dimensions, quantities, and placement.

Once a design is approved and production begins, changes may require additional fees, additional production time, or a complete remake at the customer’s expense. TDA is not responsible for errors that were present in an approved proof and reasonably capable of being identified by the customer before approval, except to the extent applicable law provides otherwise.

5. Deposits, Design Fees, and Cancellations

Custom-order deposits and design fees compensate TDA for project intake, design time, communication, preparation, material commitment, machine setup, and production scheduling. Unless we state otherwise in writing for a specific order, a custom-order deposit becomes nonrefundable once design work, material purchasing, machine preparation, fabrication, or other substantive work on the project has begun. The standard custom-order process may include a $25 nonrefundable deposit as disclosed during the order process.

If a customer cancels after production has begun, TDA may retain amounts reasonably attributable to design work, committed materials, completed labor, machine time, third-party costs, and other nonrecoverable expenses, to the fullest extent permitted by law. Any remaining amount, if applicable, will be addressed based on the status of the project and applicable law.

6. Customer-Supplied Artwork, Logos, Insignia, Photos, and Content

By submitting artwork, photographs, logos, unit insignia, patches, crests, trademarks, names, drawings, designs, text, or other content (“Customer Content”), you represent and warrant that you own the Customer Content or have all permissions, licenses, authorizations, or other rights necessary for TDA to reproduce, modify, print, engrave, fabricate, display, or otherwise use it as directed by you.

You grant TDA a limited, nonexclusive license to use, reproduce, resize, clean up, convert, trace, modify, print, engrave, fabricate, and otherwise process Customer Content only as reasonably necessary to quote, design, manufacture, deliver, document, or support your requested product or service, unless you separately authorize promotional use.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Three Delta Actual LLC and its members, managers, employees, contractors, and agents from third-party claims, losses, liabilities, damages, judgments, and reasonable costs arising from Customer Content you supplied, your instructions regarding that content, or your lack of authority to use it. This obligation does not apply to infringement created solely by TDA without direction from or reliance on Customer Content.

We may refuse any request we reasonably believe infringes intellectual-property rights, violates law, creates an unreasonable safety risk, or is otherwise inappropriate for production.

7. Military, Government, and Organizational Marks

Unless expressly stated otherwise, Three Delta Actual LLC is an independent private business and is not affiliated with, sponsored by, approved by, or endorsed by the United States Department of Defense, Department of the Army, another military department, any federal, state, or local government agency, or any military unit merely because a product depicts or references military terminology, insignia, unit identifiers, badges, tabs, crests, or similar imagery. Customers remain responsible for obtaining any permission required for Customer Content they request us to reproduce.

8. Manufacturing Tolerances and Appearance

Our products are manufactured using processes that naturally create minor variation. Reasonable variations are not defects. Examples may include 3D-print layer lines, seam locations, support-contact marks, minor surface texture, filament or material batch variation, laser kerf, engraving shade variation, acrylic or wood variation, UV ink or varnish variation, minor alignment differences, and differences between on-screen colors and physical materials.

Unless a tighter tolerance is expressly agreed to in writing, dimensions and placement may vary within ordinary tolerances appropriate to the manufacturing method and material. Handmade or assembled products may also show minor differences from photographs, prototypes, previous orders, or digital renderings.

9. Intended Use and Safety

Unless a product listing or written agreement expressly states otherwise, TDA products are intended for decorative, commemorative, display, organizational, or ordinary consumer use. They are not designed, tested, certified, or represented for safety-critical, structural, ballistic, protective, medical, life-support, load-bearing, weapons-operating, or other hazardous applications.

The customer is responsible for using, mounting, displaying, installing, and maintaining products appropriately. Do not rely on a decorative replica, display piece, 3D-printed part, acrylic component, engraved item, or custom-fabricated object as safety equipment or as a functional replacement for a regulated, engineered, or certified component unless TDA expressly agrees in writing that the specific product is designed for that use.

10. Pricing, Payment, Taxes, and Quotes

Prices, quotes, and estimates may change before an order is accepted. A custom quote applies only to the scope, quantity, materials, dimensions, and specifications described in that quote and may expire or be revised if the requested scope changes. Customers are responsible for charges, taxes, shipping, and other amounts shown at checkout or on an accepted invoice, subject to applicable law.

We may pause production or withhold shipment while an undisputed balance remains unpaid.

11. Production and Delivery Estimates

Production dates, completion dates, shipping dates, transit times, and delivery dates are estimates unless TDA expressly guarantees a specific deadline in writing. Custom fabrication depends on design approvals, material availability, equipment operation, workload, carrier performance, and other factors. We are not responsible for reasonable delays outside our control, although we will make commercially reasonable efforts to communicate material delays.

12. Shipping, Addresses, and Delivery

The customer is responsible for providing a complete and accurate shipping address. Additional shipping, redelivery, replacement, or correction costs caused by an incorrect or incomplete address supplied by the customer may be charged to the customer to the extent permitted by law.

Carrier scans and delivery records may be used to evaluate delivery claims. Risk of loss, carrier liability, and responsibility for goods in transit will be determined under applicable law and the shipping terms disclosed for the order. Nothing in these Terms eliminates rights that cannot legally be waived.

13. Returns, Refunds, and Remakes

Because custom and personalized products are created for a specific customer and often cannot reasonably be resold, they are generally final sale once production begins, except when TDA agrees otherwise or applicable law requires a remedy. If TDA makes a material production error that differs from the approved design or agreed specifications, contact us promptly so we can evaluate an appropriate repair, remake, replacement, credit, or refund.

Normal manufacturing variation described in these Terms, customer-approved errors, subjective preference changes after approval, and damage caused by misuse, improper installation, alteration, or ordinary wear are not manufacturing defects.

14. Chargebacks and Payment Disputes

Before initiating a chargeback or payment dispute for an order issue that can reasonably be addressed directly, customers agree to contact TDA and provide a reasonable opportunity to investigate and resolve the issue. This section does not waive any right that applicable law or a card-network rule does not permit a customer to waive. TDA may provide order records, approvals, communications, shipping information, and these Terms to a payment processor or financial institution when responding to a payment dispute.

15. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY PROVIDED FOR A SPECIFIC PRODUCT, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TDA DISCLAIMS IMPLIED WARRANTIES TO THE MAXIMUM EXTENT THE LAW ALLOWS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE EXTENT SUCH WARRANTIES MAY LEGALLY BE DISCLAIMED.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THIS SECTION APPLIES ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THREE DELTA ACTUAL LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, OR LOSS OF USE ARISING FROM A PRODUCT, SERVICE, ORDER, WEBSITE USE, DELAY, OR DISPUTE, EVEN IF ADVISED THAT SUCH DAMAGES COULD OCCUR.

TO THE FULLEST EXTENT PERMITTED BY LAW, TDA’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO A PARTICULAR PRODUCT, SERVICE, OR ORDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO TDA FOR THE PRODUCT, SERVICE, OR ORDER GIVING RISE TO THE CLAIM.

These limitations do not exclude liability that cannot lawfully be excluded or limited.

17. Company Liability; No Personal Guaranty by Owners or Personnel

Customers acknowledge that Three Delta Actual LLC is a separate legal entity. Except where applicable law independently imposes nonwaivable personal liability for a person’s own conduct, customers agree that contractual claims, refund claims, warranty claims, and other claims arising from a transaction with TDA are claims against Three Delta Actual LLC and not against its members, managers, employees, contractors, or agents personally. No statement or communication by company personnel creates a personal guaranty unless that person expressly signs a separate written personal guaranty.

18. Customer Indemnification for Misuse and Instructions

To the fullest extent permitted by law, customers agree to defend, indemnify, and hold harmless Three Delta Actual LLC and its members, managers, employees, contractors, and agents from third-party claims arising from (a) Customer Content or instructions supplied by the customer, (b) unlawful or unauthorized use of a product, or (c) modification or use of a product in a manner materially inconsistent with its stated or reasonably apparent intended use. This section does not require a customer to indemnify TDA for TDA’s own conduct to the extent such indemnification is prohibited by law.

19. Informal Dispute Resolution

Before filing a lawsuit or demanding arbitration, the party asserting a dispute must provide written notice describing the dispute and requested relief and allow at least 30 days for a good-faith effort to resolve it informally. Customers may send notice through the Contact Us page on this website and should identify the order involved. This requirement does not prevent either party from seeking emergency relief where delay would cause irreparable harm or from pursuing an eligible claim in small claims court.

20. Governing Law

These Terms and any transaction with Three Delta Actual LLC are governed by the laws of the State of Texas, without regard to conflict-of-laws rules, to the fullest extent permitted by applicable law. Nothing in this section waives a consumer protection or other legal right that applicable law does not permit the parties to waive.

21. Binding Individual Arbitration and Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS.

Except for an eligible small-claims matter or a claim for emergency injunctive relief, and except where applicable law prohibits enforcement, any dispute, claim, or controversy arising out of or relating to these Terms, the website, a custom order, a purchase, a product, or a service that is not resolved through the informal process above will be resolved by binding arbitration on an individual basis under the Federal Arbitration Act.

The arbitration will be administered by a nationally recognized arbitration provider under consumer rules applicable to the dispute, unless the parties agree to another provider or procedure. The proceeding may be conducted remotely when permitted by the applicable rules. To the extent an in-person hearing is required and applicable law permits the parties to select the forum, the hearing will take place in Texas in the county where Three Delta Actual LLC maintains its principal place of business.

NO CLASS OR REPRESENTATIVE ACTIONS. To the fullest extent permitted by law, disputes must be brought only in an individual capacity. Neither party may bring or participate in a class action, collective action, consolidated action, private-attorney-general action, or representative proceeding in arbitration or court, and an arbitrator may not combine the claims of multiple unrelated customers without all parties’ consent.

JURY TRIAL WAIVER. For claims subject to arbitration, the parties waive the right to have a judge or jury decide the dispute in court.

If a court determines that a particular claim or remedy cannot legally be arbitrated, only that claim or remedy will proceed in court after all arbitrable matters are resolved, unless applicable law requires otherwise. If the class-action waiver is found unenforceable as to a particular claim, the arbitration requirement will not be used to force class arbitration.

22. Court Forum for Non-Arbitrable Claims

For any dispute that is not subject to arbitration and is not properly brought in small claims court, the parties agree, to the fullest extent permitted by law, that the exclusive forum will be an appropriate state or federal court located in Texas, and the parties consent to personal jurisdiction there. If applicable law requires a different forum for a particular claim, this provision applies only to the maximum extent legally permitted.

23. Force Majeure

TDA is not liable for delay or failure caused by events beyond its reasonable control, including severe weather, fire, flood, power or internet outage, equipment breakdown, supply shortage, carrier disruption, labor interruption, governmental action, military duty or emergency obligations, acts of war or terrorism, civil disturbance, epidemic or pandemic conditions, or similar events. This section does not excuse obligations that applicable law does not permit to be excused.

24. Website Content and Intellectual Property

Except for Customer Content and third-party marks, the website’s original text, photography, product imagery, graphics, designs, branding, and other original content are owned by or licensed to TDA and may not be copied, commercially exploited, or used to misrepresent affiliation with TDA without permission.

25. Privacy

Our Privacy Policy governs the collection and handling of personal information and is incorporated into these Terms by reference. Where these Terms and the Privacy Policy address different subjects, each applies to its respective subject matter.

26. Shopify

Our store may be hosted or supported by Shopify and other third-party service providers. Those providers are not the seller of TDA products merely because they provide ecommerce, payment, hosting, analytics, shipping, or other platform services. Your use of third-party services may also be subject to those providers’ own terms and policies.

27. Severability and Survival

If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect, except where the arbitration section expressly states a different result. Provisions that by their nature should survive completion or cancellation of an order—including payment obligations, intellectual-property provisions, indemnification, limitations of liability, and dispute provisions—survive as permitted by law.

28. No Waiver

A failure by TDA to enforce a provision on one occasion does not waive the right to enforce it later. Any waiver must be express and applies only to the specific matter for which it is given.

29. Assignment

Customers may not assign contractual rights or obligations arising from a custom order without TDA’s written consent, except where applicable law provides otherwise. TDA may assign these Terms in connection with a merger, reorganization, sale of the business, transfer of substantially all relevant assets, or other lawful business succession.

30. Changes to These Terms

We may update these Terms prospectively. The version posted at the time an order is accepted will generally govern that order unless the parties agree otherwise or applicable law requires a different result. Continued use of the website after revised Terms become effective constitutes acceptance of the revised Terms for future website use and future transactions.

31. Entire Agreement and Order-Specific Terms

These Terms, together with the applicable product listing, accepted custom quote, approved proof, invoice, and any other written order-specific terms, form the agreement between the customer and Three Delta Actual LLC regarding the transaction. If an expressly agreed order-specific written term conflicts with these general Terms, the order-specific term controls only for that transaction.

32. Contact

Questions, notices, or concerns regarding these Terms may be submitted through the Contact Us page on threedeltaactual.com.

Three Delta Actual LLC
Texas, United States