Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Terms of Use”) CAREFULLY BEFORE USING THIS SITE. By using this site, you agree to these Terms of Use. If you do not agree to these Terms of Use, you are not authorized to use the site. Avery Products Corporation (“Avery”) cannot and does not guarantee the security of information you transmit through this web site and Avery Design & Print, and you transmit all such information at your own risk. Privacy Policy
Linking Agreement
Parental Consent Policy
Pricing Policy


Restrictions on Use of Avery Materials
Jurisdiction
Trademark Notice
Termination
Warranty & Disclaimer
Guidelines for the Use of Images in Avery Software
Avery WePrint
Indemnification
Limitations of Liability
Pricing & Promotions


 Restrictions on Use of Materials
This site is owned and operated by Avery Products Corporation ('Avery'). No material from Avery or any web site owned, operated, licensed or controlled by Avery may be copied, reproduced, republished, uploaded, transmitted, or distributed in any way. 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 Avery’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 Avery 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 Avery. Avery does not hereby transfer any other rights or title to the Software. Avery 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.

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


Jurisdiction
This site is controlled and operated by Avery from its offices within the State of California, United States of America. Avery 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. 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 Avery 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 Avery.


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

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 and all Avery 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 Avery if in Avery’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 and all other Avery 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. AVERY 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. AVERY 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 AVERY 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 AVERY 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 AVERY'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 AVERY.


Guidelines for the Use of Images in Avery Software
Avery Software contains numerous photo images and clip art (collectively referred to as the "Images") which are either owned by Avery 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 is in compliance with the Guidelines set out below, seek the advice of your own attorney or legal counsel. Avery will not provide you with an opinion as to whether your use is in compliance with these Guidelines.


YOU MAY, subject to any restrictions set out below:

 

  1. 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;
  2. Make one (1) copy of the Image(s) for backup or archival purposes.


YOU MAY NOT

 

  1. 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;
  2. 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;
  3. 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;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;
  4. 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;
  5. Use any Image(s) except as expressly permitted by this License.


Avery WePrint

 

 Product Warranty

Avery provides a satisfaction guarantee for orders and use of Avery’s website, software and templates with genuine Avery products and materials. Avery 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 Avery, 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 Avery, and Avery’s licensors, 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 or other material you incorporated into products not part of the standard web site content.

 

 Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL AVERY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, 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 AVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDNETAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AVERY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE ORDER AMOUNT PAID BY YOU TO AVERY.


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. Avery reserves the right to limit quantities and to refuse to sell to any person whom Avery believes may be purchasing for resale.

Avery 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, Avery 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.


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