Terms and Agreements
FoldedColor Packaging
Terms and Conditions of Use
YOUR ACCESS TO OR USE OF THORO PACKAGING d/b/a FOLDEDCOLOR’S (“FOLDEDCOLOR,” “WE,” “OUR,” OR “US”) FOLDEDCOLOR.COM WEB SITE (THE “WEBSITE”) CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS”), WHICH CONTAIN AN ARBITRATION AGREEMENT, WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS FOR THE WEBSITE AND ALL OF THE PRODUCTS, SERVICES AND CONTENT OFFERED THROUGH THE WEBSITE. IF YOU (ALSO REFERRED TO AS A “USER”) DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE OR MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
1. ACCESS TO AND USE OF THE WEBSITE
1.1 Registration. You may use the Website to create logos and packaging materials without creating an account. However, you will be required to register and create an account on the Website in order to place an order for the logos or packaging materials you design(ed). Information gathered through the registration process and information related to your account will be subject to these Terms as well as to our Privacy Policy. You represent and warrant that all information provided by you when creating an account is true, accurate and complete, and that you will maintain, at all times, true, accurate and complete information related to your account.
1.2 Username and Password. You agree to maintain in a confidential manner the username and password associated with your account, or the Facebook Connect sign-in information (if applicable), as you are solely responsible for the use of your account by any third parties. It is your responsibility to advise us if you are aware of any unauthorized access to your account or if your username and password or your Facebook Connect sign-in information have/has been made available to third parties in a manner that may result in unauthorized use of your account.
1.3 Restricted Access. When accessing the Website or using your account, you are required to comply with the security procedures currently or hereafter utilized by us to confirm that only authorized users have access to the account, such as any authentication requirements. You are prohibited from utilizing alter-egos or other disguised identities when accessing the account. All forms of indirect and “spoofed” access are strictly prohibited.
1.4 Packaging Distributors. FoldedColor offers a special incentive program for packaging distributors. The terms applicable to such program are provided here. FoldedColor reserves the right to terminate such program without cause or notice to you.
1.5 Changes and Termination. From time to time and without prior notice to you, we may change, expand and improve the Website, and the functions and features available under your account. We may also, at any time, selectively disable portions or the entirety of the Website or account without prior notice to you. Any modification or disabling of the Website or your account will be done at our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Website or account does not entitle you to the continued provision or availability of the Website or account. Upon termination, you will have no further access to, and we may delete, any information, materials or data submitted to us via the Website or your account, including, without limitation, ideas, suggestions, plans, creative content, phrases, text, slogans, logos, symbols, designs, audio, music, sounds, compositions, artwork, images, photos, pictures, videos, animations, graphics, and URLs (“User Submitted Materials”). You agree that we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Website and to your account and/or as a result of the deletion of User Submitted Materials.
1.6 FoldedColor’s Competitors. You may not use the Website or any information gathered therefrom to provide information or data that is useful to an entity that is engaged in a business in competition with FoldedColor.
1.7 Linking to Website. Unless expressly authorized by us, in our sole and absolute discretion, you may not link to the Website on any online content over which you directly or indirectly exercise control (including deep linking to a specific portion of the Website). Notwithstanding the foregoing, you may link to the Website for the sole purpose of indicating that you created your logos or packaging materials using FoldedColor’s services and the Website. You will, however, remove the link to the Website upon FoldedColor’s request.
1.8 Interference. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Website. You are prohibited from modifying or obscuring the manner in which the Website or its content is displayed or used, including framing, scraping or any other technique that would alter the visual display of the Website or its content.
1.9 Reservation of Rights. We reserve the right to refuse to fulfill any order at any time in our sole discretion. In particular, FoldedColor does not specialize in fulfilling orders for medical/pharmaceutical products and will likely refuse orders for fulfillment of them.
1.10 Compliance with Law. You agree to comply with applicable federal, state and local laws, regulations and ordinances related to your use of the Website, and the products and services obtained through the Website.
1.11 Prohibited Conduct. You agree to refrain from engaging in any of the following:
(a) Data-mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Website, or from using other similar methods and tools to gather or extract content from the Website, without our prior written consent;
(b) Violating the security of the Website, including, without limitation, decrypting encrypted communications, breaching authentication measures, hacking, cracking, scanning ports, conducting denial of service attacks, monitoring network traffic without authorization, or engaging in malicious or destructive behavior in any form; or
(c) Attempting to probe, scan or test the vulnerability of the Website.
2. USER SUBMITTED MATERIALS
2.1 License. As between you and FoldedColor, you may possess certain intellectual property rights in your User Submitted Materials. By generating, submitting or using any features on the Website or your account to create your packaging, you thereby permit FoldedColor and third parties authorized by FoldedColor (“Third Party Partners”) to use any and all such User Submitted Materials for the purpose of processing your order for products or services containing or embodying the User Submitted Materials. In addition, by sharing, submitting and uploading any of your User Submitted Materials, you grant FoldedColor a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use and otherwise exploit your User Submitted Materials in any legal manner for the benefit of FoldedColor, including, without limitation, for FoldedColor to promote its products and services. FoldedColor shall, however, upon your request and within a reasonable time, cease using the User Submitted Materials for promotional purposes.
2.2 Authority to Use User Submitted Materials. By using and submitting the User Submitted Materials on the Website and under your account, you represent and warrant that you possess all necessary legal rights, power and authority to use the User Submitted Materials and grant to FoldedColor and Third Party Partners the permission in Section 2.1. You may not use User Submitted Materials on the Website and under your account, or otherwise transmit to us, information that is the proprietary or confidential information of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use.
2.3 Review of User Submitted Materials. FoldedColor is under no obligation to review any User Submitted Materials submitted or used on the Website and assumes no responsibility or liability relating to any such User Submitted Materials.
2.4 Removal of User Submitted Materials. FoldedColor reserves the right, but is not obligated, to remove any User Submitted Materials at our sole and absolute discretion. User Submitted Materials we may remove may include, without limitation, any User Submitted Materials that violate Section 2.7.
2.5 No Endorsement. We do not investigate, represent or endorse any positions, ideas, ideologies, concepts or opinions contained in any User Submitted Materials. You may not imply that any User Submitted Materials is, in any way, sponsored or endorsed by FoldedColor.
2.6 Feedback. Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to FoldedColor in connection with the Website shall be provided on a non-confidential basis. Feedback Information shall become the exclusive property of FoldedColor. By submitting any such information to FoldedColor, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the Feedback Information, including all copyrights and other intellectual property rights. For the avoidance of doubt, User Submitted Materials do not include Feedback Information.
2.7 Prohibited Content. You agree to refrain from submitting to the Website or your account, or use the Website or your account to generate, any materials, logos, or designs that:
(a) are unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, or federal law;
(b) may infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual or proprietary right of anyone;
(c) are purposefully deceptive, as determined by FoldedColor in its sole discretion;
(d) are inappropriate or inaccurate based on the applicable subject matter, location or topic;
(e) impersonate, disguise or conceal the identity of any person or entity or otherwise misrepresent your affiliation with a person or entity;
(f) are encrypted or contain viruses, malware, Trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data, personal information, the Website or content;
(g) damage the name or reputation of FoldedColor or any Third Party Partners; or
(h) constitute any content that links (or includes embedded links) to any of the foregoing prohibited content.
2.8 Investigating Misconduct. FoldedColor reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may disclose to law enforcement officials, regulators, or other third parties, within the limits of our Privacy Policy, any information that you provide to us, including, but not limited to, user profiles, email addresses, usage history, site traffic information, IP addresses or User Submitted Materials.
2.9 DMCA Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify FoldedColor’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing: (i) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work that you claim has been infringed; (iii) identification of the material that is claimed to be infringing and where it is located on the Website; (iv) information reasonably sufficient to permit FoldedColor to contact you, such as your address, telephone number, and, e-mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and; (vi) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
(a) The above information must be submitted to the following DMCA Agent:
Suzanne Hunt
FoldedColor
1467 Davril Circle
Corona, CA 92878
Email: legal@foldedcolor.com
Fax: (951) 278- 2198
(b) UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
(c) In accordance with the DMCA and other applicable law, FoldedColor has adopted a policy of terminating, in appropriate circumstances and at FoldedColor’s sole discretion, Users of the Website who are deemed to be repeat infringers. FoldedColor may also at its sole discretion limit access to the Website and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
3. THIRD PARTY SITES
3.1 Links on Website. If you decide to access, share content or post on any of the websites owned by third parties that are linked from the Website, including, without limitation, social media sites such as Facebook (“Third Party Sites”), you do so entirely at your own risk. Any commercial, sales, use, membership, subscription, affiliation, participation, or promotional relationship you may already have or may create with third parties as a result of the Third Party Sites, including obligations undertaken by you or a third party with respect to payment or delivery of goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such third parties. Your use of Third Party Sites will be subject to the Third Party Sites’ privacy policies and practices. We undertake no obligation to inform or update you regarding the terms and conditions of access, use or service or the privacy policies of Third Party Sites. You agree to comply with the terms and conditions of the Third Party Sites.
3.2 No Endorsement. We do not investigate, represent, warrant or endorse the accuracy, legality, legitimacy, validity, or reliability of any products, goods or services originating from third parties (“Third Party Products and Services”) contained on, distributed through, linked to, downloaded from or accessed via the Website. References or hypertext links made or included on the Website to any names, logos or marks of third parties, Third Party Products and Services or Third Party Sites, do not constitute or imply our endorsement, sponsorship or recommendation of such third parties, Third Party Products and Services, or Third Party Sites.
4. INTELLECTUAL PROPERTY
4.1 Reservation of Rights. FoldedColor’s trademarks, any and all intellectual property and proprietary rights associated with the Website and its content supplied by FoldedColor, including, without limitation, the templates and layouts for you to arrange, design or organize your User Submitted Materials or create logos, designs and packaging on the Website, the design, text, graphics, pictures, video, information, applications, software, music, sound, and other files contained in or related to the Website, and the arrangement thereof, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”), are the sole property of FoldedColor. You do not possess, and FoldedColor does not grant to you, any express or implied rights, including, without limitation, a license, to any Intellectual Property and all such rights are retained by FoldedColor. You agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained on all authorized copies of the materials containing FoldedColor’s Intellectual Property therein.
4.2 Your Intellectual Property. You retain all rights in and to the User Submitted Materials, and we do not acquire any rights by virtue of this Agreement except pursuant to Section 2.1.
4.3 No Copying. Except as otherwise expressly authorized by FoldedColor, you may not copy, reproduce, modify, reformat, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of FoldedColor in any way.
4.4 No Use of FoldedColor’s Trademarks. Without the prior written consent of FoldedColor, you are not authorized to (i) use any of FoldedColor’s trademarks in any manner; (ii) use any meta tags or any other “hidden text” utilizing any of FoldedColor’s trademarks; (iii) use the www.foldedcolor.com domain name or any domain name that is confusingly similar to FoldedColor’s domain name; or (iv) use FoldedColor’s trademarks as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service.
5. PRIVACY POLICY.
5.1 Incorporation. Use of our Website and any personal information or other information about you collected by FoldedColor through, or in connection with, the Website is subject to our Privacy Policy, which is accessible on the Website. The Privacy Policy is incorporated into these Terms by reference and forms a material part of these Terms.
6. WARRANTY DISCLAIMERS
6.1 NO WARRANTY. THE WEBSITE AND ITS FEATURES AND TOOLS FOR CREATING LOGOS AND PACKAGING, AND THIRD PARTY SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IT IS SOLELY YOUR RESPONSIBILITY TO OBTAIN THE ADVICE OF AN ATTORNEY REGARDING WHETHER THE LOGO DESIGN IS LEGALLY AVAILABLE FOR YOUR USE AND DOES NOT INFRINGE THE RIGHTS OF ANOTHER PARTY. FOLDEDCOLOR DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, COMPLETENESS, LEGALITY, CORRECTNESS, OPERABILITY, AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY OR PERFORMANCE OF THE WEBSITE, THE FEATURES AND TOOLS AVAILABLE ON THE WEBSITE, AND THIRD PARTY SITES. FOLDEDCOLOR DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE WEBSITE, THE FEATURES AND TOOLS AVAILABLE ON THE WEBSITE, OR ANY OF THE THIRD PARTY SITES ARE FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED. NO ADVICE OR INFORMATION PROVIDED BY FOLDEDCOLOR SHALL CREATE ANY WARRANTY.
6.2 THIRD PARTY GOODS AND SERVICES. FOLDEDCOLOR DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY GOODS OR SERVICES OBTAINED THROUGH, PURCHASED ON OR THROUGH, ADVERTISED OR RECEIVED THROUGH, PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR THROUGH, A THIRD PARTY SITE OR ANY LINKS PROVIDED BY OR THROUGH THE WEBSITE, OR THE QUALITY, SAFETY OR LEGALITY OF THE FOREGOING GOODS OR SERVICES. FOLDEDCOLOR SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, THE FOREGOING GOODS OR SERVICES.
6.3 THIRD PARTY SITES’ CONTENT. FOLDEDCOLOR MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER CONCERNING (I) THE INFORMATION, CONTENT, ADVERTISEMENTS, SOFTWARE OR OTHER MATERIAL APPEARING ON, OR ACCESSIBLE THROUGH, ANY THIRD PARTY SITE (INCLUDING, WITHOUT LIMITATION, ANY ADVERTISEMENT FOR PRODUCTS OR SERVICES ON ANY THIRD PARTY SITE); (II) ANY TRANSACTIONS INITIATED OR CONDUCTED WITH OR THROUGH ANY THIRD PARTY SITE, ANY TAXES ASSOCIATED THEREWITH AND ANY USE BY THIRD PARTIES OF YOUR CREDIT CARD INFORMATION; OR (III) THE SELLERS OF ANY PRODUCTS OR SERVICES ADVERTISED OR SOLD ON OR THROUGH ANY THIRD PARTY SITE. FOLDEDCOLOR SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH YOUR USE OF THIRD PARTY SITES OR YOUR RELIANCE ON ANY SUCH THIRD PARTY CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITE.
6.4 Responsibility for Reviewing Work. We are not responsible for spelling, punctuation or grammatical errors made by you, inferior quality or low-resolution of images uploaded by you, design errors introduced by you in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products you have ordered arising after delivery. Please preview your designs carefully and correct any mistakes prior to placing your order. FoldedColor does not proofread or review documents created by you ,prior to processing.
7. LIMITATION OF LIABILITY
7.1 NO DAMAGES. IN NO EVENT SHALL FOLDEDCOLOR BE LIABLE TO YOU ON ACCOUNT OF YOUR USE, MISUSE OR RELIANCE ON THE WEBSITE, THE FEATURES AND TOOLS AVAILABLE ON THE WEBSITE, OR THIRD PARTY SITES, FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF FOLDEDCOLOR IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (I) THE USE (OR INABILITY TO USE), AVAILABILITY OR PERFORMANCE OF THE WEBSITE, THE FEATURES AND TOOLS AVAILABLE ON THE WEBSITE OR THIRD PARTY SITES; (II) RELIANCE UPON ANY FEATURES AND TOOLS AVAILABLE ON THE WEBSITE OR MATERIAL CONTAINED IN OR ACCESSED FROM THE WEBSITE OR A THIRD PARTY SITE; OR (III) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE WEBSITE, THE FEATURES AND TOOLS AVAILABLE ON THE WEBSITE OR THIRD PARTY SITES. IN NO EVENT WILL FOLDEDCOLOR BE LIABLE FOR DAMAGES THAT EXCEED THE FEES PAID BY YOU FOR THE PRODUCTS OR SERVICES.
8. INDEMNIFICATION
8.1 Indemnity. You agree to indemnify and hold harmless FoldedColor and its present and future employees, contractors, vendors, subcontractors, officers, directors, trustees, agents, successors, assigns, associates, affiliates and representatives from any and all losses, liabilities, claims, demands, damages, costs or expenses (including reasonable attorneys’ fees), causes of action, suits, proceedings, judgments, awards, executions and liens, whether brought by third parties or otherwise, arising out of, connected with or related to:
(a) your breach of any of the Terms, including, without limitation, any representation, warranty, covenant or obligation;
(b) User Submitted Materials;
(c) your activities in connection with obtaining any products or services from FoldedColor, including, without limitation, the logos, designs or product packaging you created with tools and features on the Website;
(d) your violation of any law, or the rights of a third party, including, without limitation, the infringement by you of any intellectual property or other right of any person or entity; or
(e) your use of, or conduct on, the Website or any Third Party Site, including, without limitation, your violation of any terms and conditions of the Third Party Sites;
(f) or the use of your account by someone other than you.
8.2 Survival. The foregoing indemnity obligations will survive termination of your access to the Website and account.
8.3 FoldedColor’s Participation. FoldedColor reserves the right, at its own expense, to participate in the defense of any matter subject to indemnification by you, which will not excuse your indemnity obligations. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of FoldedColor.
9. TRANSFER OF TITLE
9.1 You agree that the shipping terms for all printed products are FOB shipping point and ownership transfers to you upon shipment if FoldedColor uses a third party common carrier to deliver its products. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any product that is to be provided to you in an electronic format, you agree that delivery of such product shall be deemed to have occurred either (i) at the time we transmit the product via email or other electronic communication addressed to you; or (ii) at the time we transmit a notification to you that the product is available for downloading from the Website. If FoldedColor delivers the products on its own or through the use of FoldedColor’s own subcontractors, FoldedColor assumes the risk of loss until the products are delivered to you.
10. MISCELLANEOUS
10.1 Choice of Law. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to personal jurisdiction in Riverside County, California, and waive any improper venue or forum non conveniens defense.
10.2 Entire Agreement. The Terms and the Privacy Policy constitute the entire agreement between you and FoldedColor with respect to the Website, and they supersede and replace all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and FoldedColor with respect to the Website and/or the subject matter of these Terms and the Privacy Policy.
10.3 Waiver. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and FoldedColor. No failure or delay by FoldedColor in exercising any right, power, or privilege under these Terms will operate as a waiver thereof.
10.4 Severability. If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, that provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect and remain fully enforceable.
10.5 Assignment. You may not assign or otherwise transfer your obligations or interests under these Terms, in whole or in part. Any attempt to do so shall be void. FoldedColor may freely assign these Terms.
10.6 Equitable Relief. You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
10.7 No Third Party Beneficiary. Nothing in these Terms is intend to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred.
10.8 No Agency. Your use of the Website (including any establishment of an account or submission of User Submitted Materials) does not create any partnership, agency, joint venture, fiduciary or other similar relationship between FoldedColor and you.
10.9 Headings. The paragraph headings herein have been inserted solely for convenience of reference and in no way define, limit or describe the scope or substance of any provision of these Terms.
11. DISPUTES
11.1 Applicability of Section. The terms of this Section 11 will apply to all disputes that may arise out of, are connected with or relate to these Terms or the Website, subject only to the following three exceptions: (i) if FoldedColor reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to FoldedColor or any third party, FoldedColor may seek injunctive or other appropriate relief in any court of competent jurisdiction; (ii) any dispute may, at the option of the claiming party, be resolved in a small claims court in Riverside County, California, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court but subject to the informal resolution in Section 11.2; and (iii) FoldedColor has the ability to investigate complaints or reported violations of these Terms or to take any action FoldedColor deems necessary and appropriate to mitigate actions against FoldedColor, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
11.2 Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with these Terms or the Website, you agree to contact us, provide a brief, written description of the dispute and your contact information (including your account log-in information, if your dispute relates to an account, and give FoldedColor 30 days within which to resolve the dispute to your satisfaction. If the parties fail to resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.
11.3 Arbitration Agreement. Any claims by FoldedColor, or claims by you that are not resolved by the informal resolution procedure in Section 11.2 above, that arise out of, relate to, or are connected with these Terms or the Website must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel), with a single arbitrator. The parties shall attempt to agree on an arbitrator; if the parties cannot agree, the arbitrator shall be appointed in accordance with the AAA rules. These Terms evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 USC §1, et. seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (i) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms is void or voidable; (ii) the arbitrator will not have the power to conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals; and (iii) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration or other proceeding against us or Third Party Partners arising out of, relating to, or connected with these Terms or the Website.
11.4 Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
If you have any questions or comments regarding these Terms, please contact: legal@foldedcolor.com.
These Terms were last modified and effective as of 07/27/2015.