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TERMS OF USE
LAST UPDATED: May 7,2024
Welcome to DeLine Box & Display (“DeLine Box & Display”) and our family of brands. Please
read
these Terms
of Use (“Terms”) carefully. They contain the legal terms and conditions that govern your
use of and
access to our websites, mobile sites, and mobile applications (collectively, our “Sites and
Apps”),
as well as our provision of products and services. These Terms also set out the rights and
obligations of all users regarding the use of the Service. These Terms apply to all visitors,
users, and others who access or use our Services and/or purchase our products. Certain services,
promotions, and features may have additional terms and conditions, and those additional terms and
conditions are incorporated herein by reference.
By visiting any of our Sites and Apps, you are signifying your assent to these Terms of Service
and our Privacy Policy, which is incorporated herein by reference. IF YOU DISAGREE WITH ANY PART
OF THESE TERMS AND CONDITIONS THEN YOU MAY NOT ACCESS OUR SERVICE AND MAY REFRAIN FROM PURCHASING
OUR PRODUCTS. Products ordered and/or services used through any of our Sites and Apps are also
governed by these Terms. We may revise these Terms from time to time by posting a revised version.
YOUR CONTINUED USE OF OUR THE SITES AND APPS AFTER WE POST ANY CHANGES WILL CONSTITUTE YOUR
ACCEPTANCE OF SUCH CHANGES. IN ADDITION, BY ORDERING PRODUCTS OR USING SERVICES, YOU ACKNOWLEDGE
THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THE
PRIVACY POLICY AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.
NOTE: THIS TERMS OF USE CONTAINS AN ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE
“ARBITRATION” SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT
TO ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES.
1. YOUR USE OF OUR SITES AND APPS
You may access and use our Sites and Apps solely for your personal, noncommercial use. Except as
expressly authorized hereunder, our Sites and Apps may not be reproduced, duplicated, copied, sold,
resold, visited, reverse-engineered or otherwise exploited for any commercial purpose without our
prior written authorization. We reserve the right to alter or discontinue our Sites and Apps, in
whole or in part, at any time in our sole discretion.
Subject to and conditioned upon your compliance with these Terms, we grant to you a non-exclusive,
non-transferable, limited right and license, without right of sublicense, to access and use our
Sites and Apps, including any images, text, graphics, sounds, data, links and other materials
incorporated into our Sites and Apps (other than your User Submitted Materials as defined below),
solely as made available by us and solely for your own personal purposes. Except as expressly
authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly
display any portion of our Sites and Apps or create derivative works of any portion our Sites and
Apps without our written consent. While using any of our Sites and Apps, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including,
without limitation, others’ privacy rights or rights of publicity;
- Impersonate any person or entity or use any fraudulent, misleading or inaccurate email address
or other contact information;
- Restrict or inhibit any other user from using any of our Sites and Apps, including, without
limitation, by means of “hacking” or defacing any portion our Sites and Apps;
- Violate any applicable laws or regulations;
- Upload to, transmit through, or display on any of our Sites and Apps (a) any material that is
unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringes our or any third party’s intellectual property or other
rights; (b)
any confidential, proprietary or trade secret information of any third party; or (c) any
advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other
unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming;
- Transmit any software or other materials that contain any viruses, worms, trojan horses,
defects, or other destructive items;
- Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of
our Sites and Apps; and
- Remove any copyright, trademark or other proprietary rights notices contained in or displayed on
any portion of our Sites and Apps.
- Display adult nudity or inappropriate child nudity.
- Upload photographs of people who have not given permission for their photographs to be uploaded
to a share site.
- Use the Share Sites for the sale of goods or services.
- Post objectionable material, such as material containing hate or malicious content or offers for
adult services, or material inciting or advocating terrorism or violence.
If you fail to comply with the above rules, such failure will constitute a violation of these Terms,
and in addition to any other rights or remedies we may have, we may immediately terminate your
access to and use of our Sites and Apps.
Some features of our Sites and Apps may enable you to send and receive transmissions. You acknowledge
that we have no responsibility or liability for any transmissions, and/or any content included in
such transmissions, sent or received by you. We reserve the right, in our sole discretion and at any
time, to set limits on the number and size of any transmissions sent by or received through our
Sites and Apps and/or the amount of storage space available for transmissions or for any feature
made available through our website.
2. YOUR MEMBER ACCOUNT
You may create a member account with any of our Sites and Apps by registering your name, providing
certain information about yourself, and creating a password. “Account” means a unique
account created
for You to access our and products. You agree that you will provide complete, current and accurate
information about yourself as requested, and that you will keep that information up to date. You are
responsible for safeguarding the confidentiality of your username and password that you use to
access
your member account on our Sites and Apps.
You are responsible for safeguarding the password that You use to access your account and for any
activities or actions under Your password. You agree not to disclose Your password to any third
party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized
use of Your account. You may not use as a username the name of another person or entity or that is
not lawfully available for use, a name or trademark that is subject to any rights of another person
or entity other than You without appropriate authorization, or a name that is otherwise offensive,
vulgar or obscene.
YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR
ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS.
In order to create a member account with any of our Sites and Apps, you must be at least 18 years of
age. You represent to us that you are at least 18 years old. If you are not, please do not set up an
account with any of our Sites and Apps.
3. MAKING PURCHASES
If you wish to purchase any products or services through any of our Sites and Apps, we will ask you
to supply certain information applicable to your purchase, including, without limitation, payment
and other information. Any such information will be treated as described in our Privacy Policy. All
information that you provide to us or our third-party payment processor must be accurate, current
and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR
OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you
or any users of your account and credit card (or other applicable payment mechanism) at the prices
in effect when such charges are incurred. You will also be responsible for paying any applicable
taxes relating to your purchases. Verification of information applicable to a purchase may be
required prior to our acceptance of any order.
Descriptions, images, references, features, content, specifications, products, price and availability
of any products or services are subject to change without notice, and our current prices can be
found on our Sites and Apps. We make reasonable efforts to accurately display the attributes of our
products, including the applicable colors; however, the actual color you see will depend on your
computer system, and we cannot guarantee that your computer will accurately display such colors. The
inclusion of any products or services on our Sites and Apps at a time does not imply or warrant that
these products or services will be available at any time. It is your responsibility to ascertain and
obey all applicable local, state, federal and international laws (including minimum age
requirements) regarding the possession, use and sale of any item purchased through our Sites and
Apps. By placing an order, you represent that the products ordered will be used only in a lawful
manner. We reserve the right, with or without prior notice, to limit the available quantity of or
discontinue any product or service; to honor, or impose conditions on the honoring of, any coupon,
coupon code, promotional code or other similar promotions; to bar any user from making any or all
purchase(s); and/or to refuse to provide any user with any product or service.
Title and risk of loss for any purchases pass to you upon our delivery to our carrier. When you place
an order, we will not charge you until we ship the items ordered. We reserve the right to ship
partial orders (at no additional cost to you), and the portion of any order that is partially
shipped may be charged at the time of shipment.
ORDER CANCELLATION
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not
limited to:
- Products availability
- Errors in the description or prices for Products
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal
transaction is suspected.
RETURN & REFUNDS
All sales are considered final and cannot be returned, however under specific circumstances such as when
we
manufacture a product that does not meet requirements due to no direct or indirect act or omission on
the
customer’s part, a customer may qualify for a replacement product. All refund or replacement
requests must
be made within 30 days after receiving your item.
4. CONTESTS AND SWEEPSTAKES
In addition to the terms and conditions of these Terms, any contests, sweepstakes, surveys, games or
similar promotions (collectively, “Promotions”) made available through our Sites and
Apps may be
governed by specific rules that are separate from this Agreement. By participating in any such
Promotion, you will become subject to those rules, which may vary from these Terms. We urge you to
review any specific rules applicable to a particular Promotion, which will be linked from such
Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any
information you submit in connection with such Promotion. To the extent that the terms and
conditions of such rules conflict with these Terms, the terms and conditions of such rules will
control.
5. MOBILE APPLICATIONS
Before using any of our mobile applications (“App” or “Apps”), we may ask you
to install a valid copy
of the App on your mobile device, register for an account, input your account information into the
App as requested, and meet certain hardware and connection requirements which may change as the App
evolves. You are responsible for any internet connection fees and/or mobile carrier charges that you
incur when accessing or using an App. Should you uninstall an App from your mobile device, you may
not be able to use all or some of the features of the App. We use reasonable efforts to accurately
display the attributes of any photographs in products that you order through an App, including the
colors of those photographs; however, the actual color you see is dependent upon your mobile device,
and we cannot guarantee that your mobile device will accurately display such colors.
6. CUSTOM DESIGN SERVICES
One or more of our brands may offer you the opportunity to engage with our designers (“Custom
Design
Services”) to create a Custom Design for a specific product (“Custom Designed
Product”). By using
the Custom Design Services, you agree you are solely responsible (pursuant to Section 1 of these
Terms) for the materials you submit to us for the Custom Designed Product. You grant us a fully
paid, worldwide, non-exclusive right and license to use your owned or licensed copyrights, logos,
insignia, trademarks, and other artistic designs contained in the specific materials submitted to us
for the purpose of providing the Custom Design Services and the Custom Designed Product. You
continue to own and retain all rights, title and interest in and to your trademarks, copyrights and
other intellectual property contained in the Custom Designed Product. We will own and retain all
rights, title and interest in and to the final Custom Design and the Custom Designed Product. We
will grant you a fully paid, worldwide, non-exclusive right and license to use the Custom Designed
Product, provided you have paid for the Custom Design Services in full. You are not obtaining any
intellectual property rights from us in the final Custom Design or the Custom Designed Product. You
may request the Custom Design be applied to any of our current product offerings. For other
products, we may provide you with an electronic version of the Custom Design for your personal use,
subject to our sole discretion and an additional fee will apply. If you would like to make changes
to your Custom Design or Custom Designed Product, our customer service representatives are available
to assist you.
7. THIRD-PARTY SITES, SOFTWARE AND SERVICES
Our Sites and Apps may direct you to sites, software or services owned or operated by third parties
(“Third Party Properties”). We have not reviewed all the Third-Party Properties to which
you may be
directed, and we have no control over such Third-Party Properties. We have no control over and are
not responsible for (a) the content and operation of such Third-Party Properties, or (b) the privacy
or other practices of such Third-Party Properties. The fact that our Sites and Apps direct you to
such Third-Party Properties does not indicate any approval or endorsement of any such Third-Party
Properties. We direct you to such Third-Party Properties only as a convenience. You are responsible
for the costs associated with such Third-Party Properties, including any applicable license fees and
service charges. Accordingly, we strongly encourage you to become familiar with the terms of use and
practices of any such Third-Party Properties.
Other sites may provide links to our Sites and Apps with or without our authorization. We do not
endorse such sites, and are not and will not be responsible or liable for any links from those sites
to our Sites and Apps, any content, advertising, products or other materials available on or through
such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES, SOFTWARE AND SERVICES INCLUDING, WITHOUT LIMITATION,
YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR
AVAILABLE THROUGH SUCH SITES, SOFTWARE AND SERVICES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS
AND CONDITIONS OF USE APPLICABLE TO SUCH SITES, SOFTWARE AND SERVICES.
We will have the right, at any time and in our sole discretion, to block links to our Sites and Apps
through technological or other means without prior notice.
8. SOCIAL MEDIA AND OTHER SERVICES
While using our services, you have the option of granting us access to your account(s) with certain
third-party social media and other services, such as Facebook, Instagram, Picasa, Flickr, Twitter,
SmugMug, and others (each, an “SNS”). Provided an SNS permits this, we can capture and
make
available on the Site and through the Apps the photos and other content that you have stored in your
account(s) with such SNSs (“SNS Content”). By granting us access to your SNS Content,
you understand
that we will access, make available and store (if applicable) your SNS Content so that it is
available on the Site and through our Apps. We are not responsible for any SNS Content stored on an
SNS that you choose to make available on the Site and through our Apps. Depending on the SNS you
choose and subject to the privacy settings you have set in your SNS account(s), personally
identifiable information that you post to your SNS account(s) will be available on the Site and
through our Apps. Please note that if an SNS account becomes unavailable or SNS terminates our
access to your SNS account(s), any Content from that SNS may no longer be available on the Site and
through our Apps. You can disable the connection between the Site and Apps and your SNS account(s),
at any time, by accessing the “Settings” section of the Site and Apps. PLEASE NOTE THAT
YOUR
RELATIONSHIP WITH EACH SNS, INCLUDING YOUR RIGHTS WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE TO AN
SNS AND THE STORAGE OF SUCH CONTENT, IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH SNS.
9. MATERIALS SUBMITTED BY CUSTOMER
Any materials submitted by you, including, without limitation, photographs, videos, images, text,
graphics and other materials (collectively, “User Submitted Materials”) are subject to
the following
terms and conditions:
- You will retain ownership of such User Submitted Materials, and you grant us and our designees a
worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license,
with right of sublicense (through multiple tiers), to use, reproduce, distribute (through
multiple tiers), create derivative works of and publicly display such User Submitted Materials
solely in connection with the production or provision of any product or service you request or
to show you how your User Submitted Materials would appear in our products or services. For
example, when you place an order for a product, we will prepare, manipulate (if necessary), and
transmit the User Submitted Materials for production, packaging and shipment.
- Please note that, while you retain ownership of your User Submitted Materials, any template or
layout in which you arrange or organize such User Submitted Materials through tools and features
made available through any of our Sites and Apps are not proprietary to you, and the rights to
such template or layout will remain with us.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to
the User Submitted Materials, and that the User Submitted Materials do not and will not
infringe, misappropriate, use or disclose without authorization or otherwise violate any
copyright, trade secret right or other intellectual property or other property right of any
third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening,
abusive, libelous, defamatory, obscene or otherwise objectionable.
- You consent to the use of your likeness, and you have obtained the written consent, release,
and/or permission of every identifiable individual who appears in User Submitted Materials to
use such individual’s likeness, for purposes of using and otherwise exploiting the User
Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable
individual is under the age of eighteen (18), you have obtained such written consent, release
and/or permission from such individual’s parent or guardian (and you agree to provide to
us a
copy of any such consents, releases and/or permissions upon our request). If you do submit a
submission that contains the likeness of an identifiable individual under the age of eighteen
(18), we strongly encourage you not to include any identifying information (such as the
individual’s name or address) with such User Submitted Materials.
- You agree that we may (but are not obligated to) filter any User Submitted Materials (including,
without limitation, deleting or replacing expletives or other harmful or offensive language),
refuse to use any User Submitted Materials (including, without limitation, suspending processing
and shipping of any order relating to any User Submitted Materials) and/or disclose any User
Submitted Materials and the circumstances surrounding the use thereof, to any third party in
order to provide the applicable products or services, to enforce these Terms or to comply with
legal obligations or governmental requests.
- You agree to indemnify and hold us, our directors, officers, shareholders, employees,
contractors, agents, representatives, affiliates, and third party users harmless from and
against any and all claims, causes of action, liabilities, damages, losses, expenses and costs
(including, without limitation, attorneys’ fees) that arise directly or indirectly out of
or
from: (i) your violation of these Terms, any other agreement or terms of use with us, any
representation or warranty contained herein or therein or any applicable law; (ii) your User
Submitted Materials; (iii) your activities in connection with obtaining any products or services
from us, or (iv) any activity related to access to or use of your account by you or any other
person.
- User Submitted Materials that violate these Terms may be removed from our Sites and Apps;
provided, however, that we have no obligation to remove User Submitted Materials in response to
user reports or requests. We are not responsible for, and will have no liability for, the
removal, non-removal or loss of any User Submitted Materials from our Sites and Apps. We
recommend you keep back-up copies of your User Submitted Materials on your hard drive or other
personal system.
10. COPYRIGHT ISSUES
While we are not obligated to review User Submitted Materials for copyright infringement, we are
committed to protecting copyrights and expect users of our Sites and Apps to do the same. The
Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright
owners who
believe that material appearing on the Internet infringes their rights under U.S. copyright law. If
you believe in good faith that any material used or displayed on or through our Sites and Apps
infringes your copyright, you (or your agent) may send us a notice requesting that the material be
removed, or access to it blocked. The notice must include the following information: (a) a physical
or electronic signature of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed; (b) identification of the copyrighted work claimed to have been
infringed (or if multiple copyrighted works are covered by a single notification, a representative
list of such works); (c) identification of the material that is claimed to be infringing or the
subject of infringing activity, and information reasonably sufficient to allow us to locate the
material on our Sites and Apps; (d) the name, address, telephone number and email address (if
available) of the complaining party; (e) a statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not authorized by the copyright
owner, its agent or the law; and (f) a statement that the information in the notification is
accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a
notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us
a counter-notice. Notices and counter-notices must meet the then-current statutory requirements
imposed by the DMCA; see http://www.copyright.gov for
details. DMCA notices and counter-notices regarding our Sites and Apps should be sent to:
DeLine Box & Display
Attn: Legal
3700 N Lima St
Denver, CO 80239
Email: Hello@PkgDesigner.com
11. FORUMS
We may permit you to share your User Submitted Materials with other users, including, without
limitation, to our user comment functionality, online image share feature and our public gallery,
user forums and blogs (collectively, “Forums”). Some Forum participants may use
anonymous screen
names and may have no other connection with us or any of our family of brands. A large volume of
material is available in our Forums and Forum participants may occasionally post messages or make
statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive,
or provide content that may be objectionable to you. We neither endorse nor are responsible for such
messages, statements, or content, or any opinion, advice, information or other utterance made or
displayed by third parties, whether such third parties are users of our Sites and Apps or others.
The opinions expressed in the Forums reflect solely the opinions of the participants and may not
reflect the opinions of us or any of our family of brands. We are not responsible for any errors or
omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained
from the use of such information. Under no circumstances will we, our directors, officers,
shareholders, employees, contractors, agents, representatives, affiliates, or third-party users be
liable for any loss or damage caused by your reliance on such information obtained through our
Forums. We may, but have no obligation to, monitor the Forums and any materials displayed,
transmitted or otherwise made available on or through the Forums or otherwise through our Sites and
Apps.
12. DISCLAIMER OF WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN THESE TERMS, OUR PRODUCTS AND SERVICES, INCLUDING ALL
MATERIALS INCORPORATED THEREIN, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND,
EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR DIRECTORS,
OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NOTE: CERTAIN
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. NO STATEMENT OF OURS OR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS,
EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES AND AFFILIATES SHALL CREATE ANY WARRANTY OTHER THAN
THOSE EXPRESSLY CONTAINED IN THESE TERMS.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS,
SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “DeLine Box
& Display
PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR
DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND
STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE DELINE BOX & DISPLAY PARTIES HAVE BEEN
ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE
TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS
OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU
SPECIFICALLY ACKNOWLEDGE THAT THE DELINE BOX & DISPLAY PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH YOU. FURTHERMORE, THE DELINE BOX & DISPLAY PARTIES WILL HAVE NO LIABILITY TO YOU OR TO
ANY THIRD
PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH
PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES
IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM
LIABILITY OF THE DELINE BOX & DISPLAY PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION
OF (OR
FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE:
CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR
CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU.
14. POLICY FOR IDEA SUBMISSION
Many of our customers are interested in submitting ideas and suggestions for products and services to
be used at our Sites and Apps, either independently of, or in conjunction with, our internally
developed concepts. We appreciate our customers’ interest in improving our Sites and Apps;
however,
please note that any such ideas or suggestions that you submit will be owned by us, and you hereby
irrevocably assign any intellectual property rights in such ideas and suggestions to us. If you
intend to retain any intellectual property rights in your ideas and suggestions (patent, trade
secrets, copyright, trademark, etc.), please do not submit them to us without our prior written
approval.
You can inquire regarding such approval by sending a letter to DeLine Box & Display Attn: Marketing,
3700
N Lima St, Denver, CO 80239. If we are interested in pursuing any idea or suggestion of
yours, we will contact you. Please note that an additional legal agreement may be required by us in
order to evaluate your idea or suggestion.
15. NOTICE FOR CALIFORNIA USERS
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North
Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
16. INTELLECTUAL PROPERTY NOTICES
Portions of our Sites and Apps are covered by the U.S. Patents and by other issued U.S. patents and
pending U.S. patent applications. Our Sites and Apps are ©2019 DeLine Box & Display. All rights
reserved.
All trademarks and service marks on any of our Sites and Apps not owned by us are the property of
their respective owners. DeLine Box & Display owns registered trademarks and logos. The trade names,
trademarks and service marks owned by us, whether registered or unregistered, may not be used in
connection with any product or service that is not ours, in any manner that is likely to cause
confusion. Nothing contained on any of our Sites and Apps should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks
or service marks without our express prior written consent.
17. JURISDICTIONAL ISSUES
Our Sites and Apps are controlled and operated from the United States. Our Sites and Apps are not
subject to the laws or jurisdiction of any state, country or territory other than that of the United
States. We do not represent or warrant that any of our Sites and Apps, products, and/or services or
any part thereof is appropriate or available for use in any particular jurisdiction. Those who
choose to access DeLine Box & Display’ Sites and Apps do so on their own initiative and at
their own
risk, and
are responsible for complying with all applicable laws, rules and regulations. We may limit the
availability of our Sites and Apps, in whole or in part, to any person, geographic area or
jurisdiction we choose, at any time and in our sole discretion.
18. MISCELLANEOUS
These Terms are governed by and construed in accordance with the laws of the State of California,
United States of America, without regards to its conflict of law provisions. You agree to submit to
the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles,
California, United States of America, and waive any jurisdictional, venue or inconvenient forum
objections to such courts. If any provision of these Terms, or the application thereof to any
person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void
or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if
incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of
these Terms and such provisions as applied to other persons, places and circumstances will remain in
full force and effect. No waiver by either party of any breach or default hereunder will be deemed
to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on
the part of either party to exercise or avail itself of any right or remedy that it has or may have
hereunder operate as a waiver of any right or remedy. This is the entire agreement between us
relating to the subject matter herein and supersedes any and all prior or contemporaneous written or
oral agreements between us with respect to such subject matter. These Terms are not assignable,
transferable or sublicensable by you except with our prior written consent. These Terms may not be
modified or amended except as set forth in the introductory section of these Terms. Any heading,
caption or section title contained in these Terms is inserted only as a matter of convenience and in
no way defines or explains any section or provision hereof. If you have any questions or comments
regarding these Terms, please contact: Hello@PkgDesigner.com.
19. TERMINATION
Either you or we may terminate your access to our Sites and Apps and to your account at any time,
with or without cause, and with or without prior notice. Without limiting the foregoing, we may
terminate your access if you violate these Terms. Upon termination for any reason, your right to
access and/or use our Sites and Apps will immediately cease. Upon termination, you will have no
further access to, and we may delete, any information, files or materials in or related to your
account, including, without limitation, any User Submitted Materials. Upon termination, DeLine Box &
Display
may delete all information, files and materials related to your account, including any User
Submitted Materials, and we will have no obligation whatsoever to save or make any such information,
files or materials available to you. You agree that we will have no liability whatsoever to you or
any other party as a result of a termination of your access our Sites and Apps and to your account
and/or as a result of the deletion or loss of any information, files or materials in or related to
your account.
20. ARBITRATION AGREEMENT
If you are a DeLine Box & Display customer in the United States (including its possessions and
territories),
you and DeLine Box & Display agree that any dispute, claim or controversy arising out of or relating
in any
way to the DeLine Box & Display service, these Terms of Use and this Arbitration Agreement, shall be
determined by binding arbitration or in small claims court. Arbitration is more informal than a
lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more
limited discovery than in court, and is subject to very limited review by courts. Arbitrators can
award the same damages and relief that a court can award. You agree that, by agreeing to these Terms
of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this
provision, and that you and DeLine Box & Display are each waiving the right to a trial by jury or to
participate in a class action. This arbitration provision shall survive termination of this
Agreement and the termination of your DeLine Box & Display account.
If you elect to seek arbitration or file a small claim court action, you must first send to Bay
Cities, by certified mail, a written Notice of your claim (“Notice”). The Notice to Bay
Cities must
be addressed to: General Counsel, DeLine Box & Display, 3700 N Lima St, Denver, CO 80239
(“Notice
Address”). If DeLine Box & Display initiates arbitration, it will send a written Notice to the
email
address
used for your account. A Notice, whether sent by you or by DeLine Box & Display, must (a) describe
the nature
and basis of the claim or dispute; and (b) set forth the specific relief sought
(“Demand”). If Bay
Cities and you do not reach an agreement to resolve the claim within 30 days after the Notice is
received, you or DeLine Box & Display may commence an arbitration proceeding or file a claim in
small claims
court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after DeLine Box &
Display
receives notice at the Notice Address that you have commenced arbitration, DeLine Box & Display will
promptly
reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000,
in which event you will be responsible for filing
fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless DeLine Box & Display and you agree otherwise, any arbitration hearings will take place in the county of your residence.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision enough to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of DeLine Box & Display’ last written settlement offer made before an arbitrator was selected (or if DeLine Box & Display did not make a settlement offer before an arbitrator was selected), then DeLine Box & Display will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND DELINE BOX & DISPLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and DeLine Box & Display agree otherwise, the arbitrator may
not
consolidate more than one person’s claims with your claims and may not otherwise preside over
any
form of a representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this arbitration provision shall be null and void. The
arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that party’s individual
claim.
DISPUTE RESOLUTION – ARBITRATION AND CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your involvement in the Program will be resolved by binding arbitration, rather than court.
If you are a DeLine Box & Display customer in the United States (including its possessions and territories), you and DeLine Box & Display agree that any dispute, claim or controversy arising out of or relating in any way to the DeLine Box & Display service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DeLine Box & Display are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your DeLine Box & Display account.
If you elect to seek arbitration or file a small claim court action, you must first send to Bay
Cities, by certified mail, a written Notice of your claim (“Notice”). The Notice to Bay
Cities must
be addressed to: General Counsel, DeLine Box & Display, 3700 N Lima St, Denver, CO 80239
(“Notice
Address”). If DeLine Box & Display initiates arbitration, it will send a written Notice to the
email
address
used for your account. A Notice, whether sent by you or by DeLine Box & Display, must (a) describe
the nature
and basis of the claim or dispute; and (b) set forth the specific relief sought
(“Demand”). If Bay
Cities and you do not reach an agreement to resolve the claim within 30 days after the Notice is
received, you or DeLine Box & Display may commence an arbitration proceeding or file a claim in
small claims
court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after DeLine Box &
Display
receives notice at the Notice Address that you have commenced arbitration, DeLine Box & Display will
promptly
reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000,
in which event you will be responsible for filing
fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless DeLine Box & Display and you agree otherwise, any arbitration hearings will take place in the county of your residence.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the way the arbitration is conducted, the arbitrator shall issue a reasoned written decision enough to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of DeLine Box & Display’ last written settlement offer made before an arbitrator was selected (or if DeLine Box & Display did not make a settlement offer before an arbitrator was selected), then DeLine Box & Display will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND DELINE BOX & DISPLAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. Further, unless both you and DeLine Box & Display agree otherwise, the arbitrator may
not
consolidate more than one person’s claims with your claims and may not otherwise preside over
any
form of a representative or class proceeding. If this specific provision is found to be
unenforceable, then the entirety of this arbitration provision shall be null and void. The
arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief warranted by that party’s individual
claim.
Additional Contract Terms
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR ANY OF OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “DeLine Box & Display PARTIES”) SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE OR DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, EVEN IF THE DeLine Box & Display PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE DeLine Box & Display PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, THE DeLine Box & Display PARTIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH PRODUCTS IS TO OBTAIN A REFUND, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SERVICES IS TO STOP USING THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF THE DeLine Box & Display PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO OUR PROVISION OF (OR FAILURE TO PROVIDE) PRODUCTS OR SERVICES SHALL BE THE ACTUAL PRICE PAID THEREFORE BY YOU. NOTE: CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Miscellaneous
These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Los Angeles, California, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms, or the application thereof to any person, place or circumstance, will be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, such provision will be enforced to the maximum extent possible, or, if incapable of such enforcement, will be deemed to be deleted from these Terms, and the remainder of these Terms and such provisions as applied to other persons, places and circumstances will remain in full force and effect. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default, nor will any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. These Terms may not be modified or amended except as set forth in the introductory section of these Terms. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. If you have any questions or comments regarding these Terms, please contact: Hello@PkgDesigner.com.
Changes to Terms
These terms and conditions are subject to change at any time without notice.