Terms and Conditions of Use

Restrictions on Use of Materials

This site is owned and operated by ID&C. No material from ID&C or any web site owned, operated, licensed or controlled by ID&C may be copied, reproduced, republished, uploaded, transmitted, or distributed except as explicitly stated herein. You may download the materials, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of ID&C's copyright and other proprietary rights. In the event you download software from the web site or use any templates from the web site, including ID&C Design & Print, the software, including any files, images incorporated in, and data accompanying the software (collectively, the "Software") are provided to you under a limited revocable license by ID&C. ID&C does not transfer any other rights or title to the Software. ID&C retains full and complete title and ownership, to the Software, and all intellectual property and other legal rights therein. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software.

Any guidance provided on this website is not to be considered legal advice and should not be used as a substitute for legal advice. As every situation requires unique legal guidance you should consult an attorney to ensure you comply with all applicable laws, rules or regulations including, without limitation the GHS.

Guidelines for the Use of ID&C Templates and Software

ID&C TEMPLATES AND SOFTWARE ARE TO BE USED TO PRINT ON ID&C BRANDED PRODUCTS ONLY. YOU MAY NOT MODIFY OR USE ANY PART OF THE SOFTWARE TO PRINT ON NON-ID&C BRANDED PRODUCTS. IF YOU USE THE SOFTWARE OR ANY MODIFIED VERSION OF THE SOFTWARE WITH PRODUCTS THAT ARE NOT ID&C-BRANDED, SUCH USE IS UNAUTHORIZED AND CONSTITUTES COPYRIGHT INFRINGEMENT. ALL RIGHTS GRANTED HEREIN IMMEDIATELY TERMINATE AND AUTOMATICALLY REVERT IN FULL TO ID&C.

Guidelines for the Use of ID&C Templates and Software

ID&CSoftware contains numerous photo images and clip art (collectively referred to as the "Images") which are either owned by ID&C or licensed from a third-party. As a user of the web site you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use complies with the Guidelines set out below, seek the advice of your own attorney or legal counsel. ID&C will not provide you with an opinion as to whether your use complies with these Guidelines.

YOU MAY, subject to any restrictions set out below:

• Incorporate any Image(s) into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product;
• Make one (1) copy of the Image(s) for backup or archival purposes.

YOU MAY NOT:

• Create scandalous, obscene, defamatory, immoral or otherwise inappropriate works using the Image(s) nor use the Image(s) for any other purpose which is prohibited by law;
• Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
• Use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason;
• Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this License;
• Use any Image(s) except as expressly permitted by this License.
• Upload or create any content that is scandalous, obscene, defamatory, immoral, harmful, threatening, abusive, vulgar, harassing, pornographic, profane, hateful, objectionable, or invasive of another's rights, including but not limited to rights of celebrity, privacy and intellectual property.
• Upload or create any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You can't use images that you do not have permission to use. You cannot create a "new" image using elements from images other people have created. By uploading any content, you represent and warrant that you have the lawful right to reproduce and distribute such content.
• Upload or create any content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would violate any laws.

Jurisdiction

This site is controlled and operated by ID&C from its offices within the State of California, United States of America. ID&C makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law provisions. If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use, together with the other ID&C policies referenced herein, constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by ID&C.

Trademark Notice

ID&C, Hi-Liter, Marks-A-Lot, Glue Stic, Ready Index, Index Maker, DesignPro, CD Stomper and all other ID&C brands, product names, and codes are trademarks of ID&C.

All other brands and product names are trademarks of their respective companies.

Termination

The Terms of Use is effective until terminated by either party. You may terminate the Terms of Use at any time by destroying all materials obtained from any ID&C web site(s) and all related documentation and all copies and installations thereof, whether made under the Terms of Use or otherwise. The Terms of Use will terminate immediately without notice from ID&C if in ID&C’s sole discretion you fail to comply with any provision of the Terms of Use. Upon termination, you must destroy all materials obtained from this web site and any other ID&C site(s) and all copies thereof, whether made under the provisions of the Terms of Use or otherwise.

Warranty & Disclaimer

THE MATERIALS, INFORMATION, SOFTWARE AND TECHNOLOGY IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ID&C DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ID&C DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ID&C BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, AND REGARDLESS OF THE FORM OF ACTION, BE IT BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, EVEN IF ID&C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ID&C'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE ORDER AMOUNT OR THE AMOUNT, IF ANY, FOR ACCESSING THIS WEB SITE, PAID BY YOU TO ID&C.

Product Warranty

ID&C provides a satisfaction guarantee for orders and use of ID&C’s website, software and templates with genuine ID&C products and materials. ID&C is not responsible for circumstances beyond its control, including spelling, punctuation or other grammatical errors by the user, low-resolution or inferior quality of images uploaded by the user, design errors not made by ID&C, such as choice of finish, quantity or product type, or damage to products during shipping. All designs must be carefully reviewed by the user and any mistakes corrected prior to placing an order. ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

Indemnification

You agree to indemnify, defend and hold harmless ID&C, and ID&C’s licensors, affiliates and subsidiaries and their directors, officers, and employees, against all claims, investigations, infringements, actions, liabilities, losses, awards, judgments, damages, costs and expenses, including reasonable legal and other professional fees and expenses, arising out of or related to your breach of these Terms of Use or any text, photograph, image, graphic, content or other material you incorporated into products not part of the standard web site content.

Pricing & Promotions

Items in your Shopping Cart reflect the current price. Please note: This price may differ from the price displayed when the item was first placed in your Shopping Cart. ID&C reserves the right to limit quantities and to refuse to sell to any person whom ID&C believes may be purchasing for resale.

ID&C works hard to ensure the accuracy of our pricing. Despite our efforts, pricing errors may still occur. If an item’s price is higher than the price displayed, ID&C will cancel your order of that item and notify you of the cancellation.

Offer Details: Only one promotion code can be used per order. Savings will be reflected in your shopping cart. Discounts cannot be applied to shipping and processing, taxes, subscription or design services, or previous purchases. Additional charges may apply for shipping and processing, and taxes, unless otherwise specified.

Additional Terms

As part of the ID&C services, ID&C is not responsible for any of the following: grammatical errors made by you, spelling, punctuation, low-resolution or inferior quality of uploaded images, your design errors in the creation process, errors in user-selected options, the type or quantity of labels ordered, and damage to the products arising after delivery to you. Please preview your design proofs carefully and correct any mistakes before placing your order. Please note that ID&C does not proof labels created by its customers prior to processing.

User Submissions (such as Reviews)

This site may permit submission of user-generated text, artwork, photographs, product ideas, video, audio, content and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including the general public, and, whether or not such User Submissions are published, ID&C does not guarantee any confidentiality with respect to any User Submissions. ID&C is not responsible to keep any User Submissions confidential. You are solely responsible for your own User Submissions and the consequences of publishing them on this site. Note that this pertains to submissions that you share with ID&C, such as Reviews. Your ID&C Design & Print Online projects and data are covered by our Privacy Policy.

By submitting User Submissions, you hereby grant to ID&C a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology now known or hereafter developed throughout the world, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without compensation to or further authorization by you. Under the license granted herein, ID&C shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. ID&C does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. ID&C reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with its Terms of Use and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions, including, without limitation in complying with the Digital Millennium Copyright Act. ID&C reserves the right to remove or to refuse to post any User Submission for any reason.

In connection with User Submissions, you represent, and warrant to ID&C that: (i) the content of your User Submission(s) is original to you; (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to ID&C as set forth in the license granted above; (iii) use of your User Submission(s) on this or otherwise by ID&C, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow ID&C to utilize the User Submission(s) without compensation or objection; (v) all "moral rights" that you may have in such User Submission have been voluntarily waived by you; (vi) you are at least 13 years old; (vii) use of the User Submission will not cause injury to any person or entity; (viii) the User Submission is not or may not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; and (ix) the User Submission does not contain any computer viruses, worms or other potentially damaging computer programs or files.

We reserve the right to remove any User Submission that we believe violate these Terms of Use or is otherwise objectionable without providing any kind of notification and without recourse. ID&C reserves the right to change, condense or delete any User Submission that ID&C deems, in its sole discretion, to violate these Terms of Use. ID&C does not guarantee that you will have any recourse through ID&C to edit or delete User Submissions that you have submitted. ID&C reserves the right to remove or to refuse to post any User Submission for any reason. You acknowledge that you, not ID&C, are responsible for the contents of the User Submission you provide.

IMPORTANT: BY USING THIS SITE AND THEREBY ACCEPTING THESE TERMS OF USE, YOU ARE AGREEING TO THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN THESE TERMS OF USE BELOW. THIS PROVISION AFFECTS YOUR LEGAL RIGHTS AND REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.

Mandatory Binding Arbitration and Class Action Waiver

Any Dispute involving you and us that cannot be resolved informally or through small claims court shall be resolved through arbitration on an individual basis only. You and we are each waiving the right to sue in court, to have a trial by jury, or TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim or controversy related to us or our relationship. As used in this Arbitration Provision, “us,” “we,” and/or “our” means ID&C and any of its predecessors, successors, assigns, parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, and agents.

This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”). The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. Unless you and we agree otherwise, any arbitration hearing will take place at a location within the United States that is convenient to you. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules.

THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS, OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS OF THE SITE, OR OTHER PERSONS. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. IN THE EVENT THAT THE CLASS ACTION WAIVER OR THE PUBLIC INJUNCTIVE RELIEF WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS PROCEEDING OR CLAIMS INVOLVING PUBLIC INJUNCTIVE RELIEF MAY PROCEED ONLY IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.

This Arbitration Provision shall survive the termination of your use of the site.

Notice and Take Down Procedures

If you believe any User Submission on this site infringe your copyright or trademark rights, you may request such User Submission be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the General Counsel at ID&C (address below) and provide the following information:

• A clear statement identifying the works, or other materials believed to be infringed.
• A statement from the intellectual property owner ("Owner") or authorized representative that the User Submission are believed to be infringing and not authorized by the Owner.
• Sufficient information about the location of the allegedly infringing User Submission so that ID&C can find and verify its existence.
• Your name, telephone number and e-mail address.
• A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
• A signature or the electronic equivalent from the Owner or authorized representative.

ID&C's agent for notice of copyright of trademark issues on this site can be reached as follows:

Avery Products Corporation 
17700 Foltz Parkway 
Strongsville, OH 44149 
Attn: Office of the General Counsel

Contact us with comments and questions about this website.