Last updated: July 23, 2026
These Terms & Conditions (“Terms”) govern your use of FlagsExpress.com and purchases from Nova Marketing Inc., doing business as American Flags Express (“American Flags Express,” “we,” “us,” or “our”). By using our website, creating an account, submitting an order, approving a custom-product proof, or purchasing from us, you agree to these Terms.
Please review our Privacy Policy and Shipping & Returns Policy, which are incorporated into these Terms.
If you do not agree to these Terms, do not use the website or place an order.
1. Eligibility and Accounts
You must be legally able to enter into a binding agreement to place an order. If you use the website or place an order for a business, government agency, school, organization, or other entity, you represent that you are authorized to act for and bind that entity.
You are responsible for providing accurate, current, and complete account, billing, shipping, tax-exemption, and order information. You are also responsible for maintaining the confidentiality of your account credentials and for activity conducted through your account. Contact us promptly if you believe an account has been used without authorization.
We may suspend or close an account when reasonably necessary to address fraud, misuse, security concerns, legal requirements, or a violation of these Terms.
2. Product Information and Availability
We make reasonable efforts to present accurate product descriptions, specifications, dimensions, colors, prices, images, availability, and estimated shipping information. Actual colors may vary because of screen settings, lighting, dye lots, fabric, printing methods, and normal manufacturing variation. Measurements and specifications may also be subject to reasonable manufacturing tolerances.
Products, prices, promotions, specifications, and availability may change without notice before we accept an order. Images may show products with optional accessories or in settings that are not included with the purchase. Please review the product page, written quote, and order documents for what is included.
If information on the website conflicts with a written quote or order acknowledgment issued specifically for your order, the specific written document controls.
3. Orders and Acceptance
Submitting an order is an offer to purchase. An automated email acknowledging receipt does not by itself mean that we have accepted the order.
We may accept an order by shipping the product, beginning authorized custom production, or sending a written acceptance. Before acceptance, we may decline, limit, or cancel an order for reasons including product availability, suspected fraud, payment problems, pricing or description errors, shipping restrictions, or inability to meet requested specifications.
If we cancel an order after payment has been collected, we will refund the amount charged for the canceled portion. If a material pricing or description error is discovered, we may contact you for instructions or cancel and refund the affected item.
We may place reasonable limits on quantities. Orders intended for resale, export, unusually large quantities, or other special circumstances may require separate written approval or terms.
4. Prices, Payment, and Taxes
Prices are shown in U.S. dollars unless stated otherwise. Shipping, handling, customization charges, taxes, duties, and other charges disclosed during checkout or in a written quote are additional to the product price.
You authorize us and our payment providers to charge the payment method you provide for the order and any amounts you approve. You represent that you are authorized to use that payment method.
You are responsible for applicable sales, use, excise, customs, import, and similar taxes or charges, except taxes imposed on our income. Tax-exempt customers must provide valid documentation before the order is processed as tax exempt. We may reject incomplete or invalid documentation.
5. Shipping, Delivery, and Delays
Shipping and delivery dates are estimates unless we expressly agree in writing to a guaranteed date. Carrier transit times begin after an order is shipped and do not include order processing or custom-production time.
You are responsible for providing a complete and accurate delivery address and for any additional costs caused by an incorrect address, refused delivery, restricted delivery location, or failure to receive a shipment, except when caused by our error.
If we cannot ship within the time promised—or within the time required by law when no shipping time was stated—we will provide any notice, cancellation option, or refund required by applicable law. We may ship an order in multiple packages and charge only the shipping amount disclosed or authorized for the order.
Ownership and risk of loss transfer as provided by applicable law. Nothing in these Terms limits rights you may have for merchandise that is lost, damaged, or not delivered.
International customers are responsible for customs clearance, duties, taxes, import restrictions, and brokerage or similar charges unless we expressly agree otherwise in writing.
6. Returns, Refunds, and Cancellations
Returns, exchanges, refunds, and return-shipping charges are governed by our Shipping & Returns Policy and any product-specific terms disclosed before purchase.
Return authorization may be required. Products must satisfy the conditions and deadlines stated in the Shipping & Returns Policy. Product-specific exceptions, including restrictions for custom, personalized, altered, made-to-order, clearance, or special-order products, will be disclosed on the product page, written quote, proof, invoice, or other order document.
Contact us as soon as possible if you want to change or cancel an order. We cannot guarantee cancellation after an order has been accepted, shipped, or entered production. Amounts already incurred for approved custom work, materials, setup, or production may be nonrefundable when disclosed before the work begins.
Nothing in this section limits rights or remedies that cannot legally be waived.
7. Custom and Personalized Products
Customer materials and authorization
When you submit text, artwork, photographs, logos, trademarks, designs, specifications, or other materials (“Customer Materials”), you represent that:
- You own the Customer Materials or have all permissions necessary for us to use them to produce and deliver your order.
- Our use of the Customer Materials as you requested will not infringe intellectual-property, privacy, publicity, or other rights.
- The Customer Materials and requested product do not violate applicable law.
You grant us a limited license to use, reproduce, modify, and transmit Customer Materials only as reasonably necessary to quote, prepare proofs, produce, fulfill, document, and support your order.
We may refuse a custom order that we reasonably believe is unlawful, fraudulent, technically unsuitable, unsafe, or infringing.
Proofs and customer approval
When we provide a proof, you are responsible for reviewing spelling, wording, dates, colors, layout, orientation, dimensions, quantities, finishing, and other specifications. Your approval authorizes production.
We are responsible for producing the item in material conformity with the approved proof and agreed specifications, subject to disclosed tolerances and normal differences between electronic proofs and physical materials. We are not responsible for an error that appeared in a proof you approved unless we changed the approved design or specifications without authorization.
Changes requested after approval may affect price and timing. Once custom production begins, cancellation, changes, and returns may be limited as disclosed before purchase.
Production variations
Reasonable differences may occur between samples, proofs, production runs, fabric lots, printed colors, stitched components, and finished dimensions. Any special quantity variance, production tolerance, or customer-specific condition beyond normal manufacturing variation must be disclosed in the written quote or order documents.
8. Outdoor Flags, Flagpoles, and Installation
Flags used outdoors are exposed to wind, ultraviolet light, precipitation, pollution, abrasion, and other conditions that cause normal fading, fraying, wear, and eventual failure. Product life varies substantially with flag size, material, weather, location, hours flown, installation, and maintenance. Unless a written warranty expressly states otherwise, estimated lifespan and wind guidance are informational and are not a guarantee that a product will withstand every condition.
Flagpoles, mounting hardware, lighting, and related products must be selected, installed, operated, inspected, and maintained according to manufacturer instructions, site conditions, applicable codes, and safe practices. Before digging or installation, identify underground and overhead utilities and obtain required permits or professional assistance.
Roof-mounted, wall-mounted, oversized, high-wind, commercial, and unusual installations may require evaluation by a qualified installer or engineer. Do not rely solely on general website guidance for site-specific structural or safety decisions.
Damage caused by ordinary wear, severe weather, improper sizing, incorrect installation, misuse, lack of maintenance, unauthorized modification, or failure to follow instructions is not a manufacturing defect unless a written warranty says otherwise.
9. Warranties
Products may be covered by a manufacturer’s warranty or a written warranty stated on the product page, packaging, quote, or order documents. Warranty coverage, exclusions, duration, and remedies are governed by the applicable written warranty.
If you believe a product was defective when delivered or does not materially conform to the order, contact us promptly with the order number, a description of the issue, and supporting photographs or documentation when reasonably requested.
Except for an express written warranty and to the fullest extent permitted by law, we do not make additional warranties concerning the website or products. We do not exclude or limit implied warranties, statutory guarantees, or consumer remedies that cannot legally be excluded or limited.
10. Gift Certificates, Promotions, and Discounts
Gift certificates, coupon codes, promotions, and discounts are subject to the terms disclosed with the offer. Unless stated otherwise, they have no cash value, cannot be combined, and may not be applied retroactively. We may reject or cancel an offer obtained or used through fraud, error, unauthorized duplication, or violation of its stated terms.
11. Business Customers, Quotes, and Credit Terms
Written quotes are valid for the period stated in the quote and may be withdrawn before acceptance. A customer purchase order does not add or change terms unless we expressly accept those changes in writing.
For approved business or government credit accounts, payment is due according to the invoice or written credit agreement. Past-due amounts may accrue a service charge of 1.25% per month or the maximum amount permitted by law, whichever is lower. The customer is responsible for reasonable collection costs when permitted by law.
Tooling, dies, patterns, screens, setup files, and production materials remain our property unless a written agreement expressly transfers ownership.
12. Reviews, Feedback, and Other Submissions
You may provide reviews, feedback, suggestions, photographs, or other voluntary submissions. You retain ownership of your original content, but grant us a nonexclusive, worldwide, royalty-free license to use, reproduce, display, and adapt it for operating, improving, and promoting our business, subject to our Privacy Policy and applicable law.
You represent that your submission is truthful, based on your genuine experience when presented as a review, and does not violate another person’s rights or applicable law. We may remove content that is fraudulent, unlawful, threatening, infringing, contains malicious code, exposes personal information, or is unrelated spam.
Nothing in these Terms prohibits an honest review, customer complaint, report to a government agency, or other legally protected communication.
13. Website Ownership and Permitted Use
The website and its text, graphics, photographs, videos, software, layout, trademarks, logos, and other content are owned by or licensed to American Flags Express and are protected by intellectual-property laws.
We grant you a limited, revocable, nonexclusive right to use the website for lawful personal or business purchasing and informational purposes. You may not copy, republish, sell, exploit, interfere with, reverse engineer, introduce malicious code into, or attempt unauthorized access to the website or its systems.
Automated access is prohibited when it circumvents security, imposes an unreasonable load, violates published access controls, or is used for fraud or unauthorized commercial exploitation. This restriction does not prohibit ordinary indexing by search engines or AI discovery services that comply with our published access controls, including our robots.txt instructions.
14. Third-Party Platforms and AI Shopping Services
Our products may be displayed or purchased through a marketplace, search engine, advertising service, or AI-powered shopping platform, including OpenAI’s ChatGPT. A third party’s terms and privacy policy govern its own platform and services.
Unless stated otherwise at checkout, American Flags Express remains the seller for products purchased from and charged by us. These Terms govern our sale and fulfillment of those products. A third-party platform is not authorized to change our product specifications, warranties, or policies unless we agree in writing.
If platform-provided information materially conflicts with the price, availability, specifications, or terms confirmed by us before purchase, contact us. We will correct the information or cancel and refund the affected purchase when required.
15. Prohibited Conduct
You may not use the website or our services to:
- Violate a law, regulation, court order, or another person’s rights.
- Commit fraud, submit false information, use an unauthorized payment method, or evade purchase restrictions.
- Interfere with website operation, security, or other customers’ use.
- Upload malware or attempt unauthorized access, testing, scraping, or data extraction.
- Impersonate another person or misrepresent an affiliation.
- Submit infringing, unlawful, deceptive, or malicious content.
16. Limitation of Liability
To the fullest extent permitted by law, American Flags Express and its officers, employees, and agents will not be liable for indirect, incidental, special, exemplary, or consequential damages arising from the website, a product, or these Terms, including lost profits or lost business opportunities, when such damages were not reasonably foreseeable.
To the fullest extent permitted by law, our aggregate liability relating to a product or order will not exceed the amount paid for the product or order giving rise to the claim.
These limitations do not apply to liability that cannot legally be limited, including liability arising from fraud, willful misconduct, or personal injury to the extent applicable law prohibits limitation. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.
17. Indemnification for Customer Materials and Misuse
To the extent permitted by law, you agree to defend and indemnify American Flags Express against third-party claims, damages, and reasonable costs arising from:
- Customer Materials or instructions that infringe another person’s rights.
- Your unlawful or unauthorized use of the website or products.
- Your material violation of these Terms.
This section does not require you to indemnify us for our own negligence, willful misconduct, or violation of law.
18. Events Beyond Reasonable Control
We are not responsible for delay or failure caused by events beyond our reasonable control, such as severe weather, natural disasters, fire, war, terrorism, civil disturbance, labor disruption, transportation interruption, carrier failure, utility or communications outages, cyberattacks, government action, public-health emergencies, or supplier shortages.
This section does not eliminate any cancellation, notice, or refund right required by law.
19. Governing Law and Disputes
These Terms are governed by the laws of Wisconsin, without regard to conflict-of-law principles. Any legal proceeding relating to these Terms or a purchase must be brought in a state or federal court with jurisdiction in or over Waukesha County, Wisconsin, to the extent permitted by law.
Nothing in this section deprives a consumer of protections or remedies that cannot be waived under the law of the consumer’s home jurisdiction.
Before filing a claim, we encourage you to contact us so we can attempt to resolve the issue.
20. Changes to These Terms
We may update these Terms periodically. Revised Terms apply to website use after they are posted. The Terms in effect when we accept an order generally govern that order unless a later change is required by law or you agree to it.
21. General Provisions
If any provision of these Terms is held unenforceable, the remaining provisions will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
These Terms, together with the Privacy Policy, Shipping & Returns Policy, applicable product pages, written quotes, approved proofs, warranties, and order documents, form the agreement between you and American Flags Express concerning the website and your purchase.
Electronic communications and records may satisfy requirements that a communication or agreement be in writing, to the extent permitted by law.
22. Contact Us
Nova Marketing Inc. d/b/a American Flags Express
12615 W. Custer Ave.
Butler, WI 53007
Help@FlagsExpress.com
(262) 783-4800