Terms and Conditions of Use

Last updated: July 13, 2017

 

This Website is provided by Caraustarcustom.com. Please read these Terms and Conditions of Use (the “Terms”) carefully before using this website or any website-related services (the “Website”). These Terms govern your access to and use of the Website on your own behalf or on behalf of any entity you represent (“You”). The Website is available for your use only on the condition that You agree to be bound by and adhere to the Terms. If you do not agree to the Terms, you must not use or immediately terminate your access to or use of the Website. By accessing or using the Website, you signify your agreement to be bound by these Terms.

Note: These terms contain an arbitration agreement, class action waiver, and limitations of liability that affect your rights under these Terms and with respect to any dispute between You and Caraustarcustom.com or our affiliates.

Caraustarcustom.com reserves the right at any time to change these Terms, the Website, or the Materials (as defined below), including eliminating or discontinuing any content on or feature of the Website, or changing any fees or charges for use of the Website or product or services available on the Website. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms.

Any changes we make to these Terms will be effective immediately upon notice, which we may provide by any means permitted under applicable law, including, without limitation, posting on the Website. You should visit this page from time to time to review the then-current Terms because they are binding on you. Your continued use of the Website after such notice shall be deemed acceptance of such changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website. Upon our request, you agree to sign a non-electronic version of these Terms.

Your use of this Website constitutes your agreement and consent that we may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register on the Website or place an order. You may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production).

  1. Access to and Use of the Website. This Website may be accessed from various locations both within and outside the United States of America (“USA”). The products and services offered through the website are intended for use and available for shipping only in the continental United States (which excludes Hawaii, Alaska, APO/FPOs, and foreign countries).
  2. User Accounts. Some areas of the Website may require you to be or become a registered user of the Website. When and if you register for a user account (“Account”), you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your Account and your use of the Website. As part of the registration process, you may be asked to select a username and password. You will not transfer or resell your use of or access to the Website to any third party. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases, as applicable) that are conducted through your Account. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.

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.

  1. Changes and Termination. 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 or content submitted to us via the Website or your Account. 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 or as a result of the deletion of Submissions (defined below).
  2. Purchases. If you wish to purchase products or services described on the Website (each, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, payment card and other payment and shipping information.

If you make a purchase through the Website, you represent and warrant that (a) you are at least eighteen (18) years of age, or the age of majority under applicable law, prior to purchasing products; (b) you have the legal right to use any payment card(s) used in connection with any Transaction; and (c) you have either an existing Account with Caraustarcustom.com or provide valid and authorized payment information and agree that Caraustarcustom.com may charge the payment card at the time of your Transaction. You acknowledge and agree that you will pay all charges incurred in connection with purchases by you or any users of your Account and payment card (or other applicable payment mechanism) at the price in effect when such charges are incurred, including shipping fees and all taxes, and if Caraustarcustom.com does not receive payment from your payment card issuer, you will pay all amounts due upon demand.

We have no obligation to proof or otherwise to pre-flight (i.e., confirm the digital files are all present, valid, correctly formatted, of the desired type, meet content requirements, etc.) or provide quality assurance review of any print files or the content or layout of your order. It is your responsibility to proof and approve the content and layout of your order. Orders are printed in their “as submitted” form and you are fully responsible for final proof and layout verification and approval. You will be provided with an opportunity to acknowledge your approval and the print ready status of your purchase. Some variations in color, paper stock, lamination, binding or other processes may occur and are to be expected. Verification of information may be required prior to the acceptance of any order.

Product information provided on the Website is for information purposes only and although Caraustarcustom.com makes every effort to display products (including their colors) as accurately as possible, sometimes your computer and monitor settings can affect what you see when you look at the Website. Consequently, Caraustarcustom.com cannot guarantee you will accurately be able to see the actual colors and specific features in every case.

NOTE: Time Sensitive Materials. If you have dated or time sensitive material (i.e., it has a specific date by which it must be delivered or that you must have it in your hands), please plan accordingly. Product turnaround times and shipping times are estimates only. Leave plenty of time to receive your order and do not rely on turnaround times or shipping times meeting their minimum targets (e.g., if the turnaround time is 5 to 7 days, do not assume 5 days). If multiple products are involved, use the product with the longest turnaround and delivery time as the guide for all products in the order.

Production Turnaround Time. Product turnaround time is dependent on the product ordered. Turnaround times do not include shipping time. The estimated date you will receive your order is a combination of the selected turnaround time and shipping time.

No Cancellation. If you need to cancel or change an order, please contact our customer service team. We will make every effort to fulfill your request but if orders are already in process, changes, and cancellations will not be possible.

Uploaded Submission Requirements. You have the ability to provide, upload, or otherwise submit artwork, text, logos, graphics, icons, photographs, and other content (collectively, “Submissions”). We recommend that Submissions uploaded to the Website are at a minimum of 300 DPI at 1:1 ratio (or 100%). Submissions that do not meet this standard may experience print or images that are fuzzy, pixilated, or otherwise distorted for which we does not accept any responsibility. We reserve the right to reject Submissions that do not meet these requirements.

Confirmations. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. Caraustarcustom.com reserves the right, without prior notice, to limit the order quantity on any product or service or to refuse service. We also may require verification of information prior to the acceptance or shipment of any order. There may be certain orders that we are either unable to accept or must cancel. Caraustarcustom.com reserves the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.

Other Terms. Certain products offered on the Website may be subject to additional or different terms and conditions, which will be specified on the applicable product page. Caraustarcustom.com reserves the rights to change its prices and billing methods at any time, effective immediately upon publication.

  1. Returns and Refunds. All orders are considered custom orders. Except as set forth below, we have no obligation to reprint or refund an order unless the printed product is defective in accordance with industry standards and our packaging refund policy.

We promise 100% satisfaction with the print, cut and score of our packaging.* If your packaging order does not match your final approved proof based on the submitted artwork, we stand behind our promise by offering you a refund or reprint of that packaging order. If the packaging you receive does not meet your expectations, please contact us immediately at 1-844-967-2743 so that we can identify the problem and run a re-print of the order.

This promise covers the quality of the production and materials only, and Caraustarcustom.com is not responsible for:

  • Spelling, punctuation or grammatical errors made by the end user.
  • Inferior quality or low-resolution of uploaded images.
  • Design errors introduced by the customer in the document creation process.
  • Errors in user-selected options such as choice of finish, quantity or product type.
  • Damage to the products arising after delivery to the end user.
  • The differentiation of colors and sizes as they appear on the computer screen of the end user during the ordering process prior to processing, as compared to the finished products.
  • Any color shift in converted photographs (RGB images) with black, near black, or gray tones. Proofs do not guarantee black, near black or gray final output.
  • Effect of the application of UV coating upon the appearance of printed colors. We are not responsible for the final color appearance of a UV coated product.

Customers are responsible for submitting and approving print-ready files.

*Please note: For spot color in your artwork, please use the PMS Solid Coated reference guide.  Due to computer monitor calibration, slight color variation may occur.  If this happens, it is not part of the money back/packaging reprint satisfaction promise.

  1. Accuracy of Information. Caraustarcustom.com attempts to verify that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness or accuracy of any information on this Website, or whether or not such information is current. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. Information and content may have been contributed to the Website by various third parties, including, without limitation, third party service providers. The inclusion of such information and content does not indicate any approval or endorsement thereof, and Caraustarcustom.com expressly disclaims any liability with respect to such information and content.
  2. Personal Information. Your submission of personally identifiable information through the Website, including payment card and other payment and shipping information, is governed by the Caraustarcustom.com Privacy Notice.
  3. Code of Conduct. In connection with your use of the Website, you agree that you shall not:
  • Restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
  • Use the Website or Materials for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Submit or otherwise transmit Submissions or other material or content that infringes on the intellectual property or personal or proprietary rights of another party,
  • Submit or otherwise transmit Submissions or other material or content that is offensive, in our discretion;
  • Impersonate any person or entity, including, without limitation, any representative of Caraustarcustom.com;
  • Falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make, or damage the reputation of Caraustarcustom.com or its authorized third party providers;
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, malware, defects, date bombs, time bombs or other items of a malicious or harmful nature or that monitor the use of any hardware, software, equipment or other technology, or any data, information, or materials in connection with any of the foregoing;
  • Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Website;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Website;
  • “Frame” or “mirror” any part of the Website without our prior written authorization;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
  • Harvest or collect information about Website visitors without their express consent;
  • Create a database by downloading and storing content from the Website;
  • Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies, or regulations of such networks; or
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Unless expressly authorized by us, in our sole and absolute discretion, you may not link to the Website on any online content (including deep linking to a specific portion of the Website). You may link to the Website for the sole purpose of indicating that you created your logos or packaging materials using Caraustarcustom.com services and the Website. You will, however, remove the link to the Website upon our request.

While using the Website and the Materials (as defined below), you agree to comply with all applicable laws, rules, and regulations. Caraustarcustom.com 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.

  1. Materials and Trademarks. The Website is owned and operated by Caraustarcustom.com in conjunction with others pursuant to contractual arrangements. The Website contains data, text, graphics, images, audio and video clips, logos, icons and other materials (collectively, the “Materials”). The Website and the Materials are protected by U.S. and international copyright, trademark and other laws, and shall remain the property of Caraustarcustom.com and its licensors and suppliers. You acknowledge that you do not acquire any ownership rights by using the Website or the Materials. Other than as expressly permitted in these Terms, you may not copy, reproduce, rent, lease, loan, sell, republish, upload, post, transmit, distribute, or create derivative works based on the Materials or other content or information available on or through the Website in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Website, as provided in these Terms or as expressly authorized in writing by Caraustarcustom.com, or its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You shall not alter or modify any part of the Website. The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered trademarks of Caraustarcustom.com (or its affiliate entity), its licensors and suppliers, and others. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Caraustarcustom.com, or the third party owner of any such Trademarks. Misuse of any Trademarks is prohibited, and Caraustarcustom.com may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
  2. Design Tools and Templates. The design tools and templates provided on the Website employ a number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other end users may use the design tools to create designs that have similar or identical combinations of these elements and we do not guarantee that your design will not have similarities to other designs created and used by other parties. We provide no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a design is legally available for your use and does not infringe the rights of another party.
  3. Submissions. By submitting Submissions, you represent and warrant that you have the right and authority to submit the Submissions and if submitting on behalf of an employer, have authorization from your employer to submit the Submissions, or (b) you have obtained your parent’s or legal guardian’s express consent to submit the Submissions and to grant the rights and authorizations provided hereunder. You are solely responsible for your own Submissions. In connection with Submissions, you represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to the Submissions, including, without limitation, for us to use and reproduce the Submissions to provide the services and products as requested on the Website. We have no obligation to store, maintain or archive Submissions. Submissions may not be accessible after completion of your order. You are solely responsible for creating backup copies of your Submissions. You may not use Submissions 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 and provide as contemplated hereunder.

You acknowledge that we do not supervise, monitor, or pre-screen Submissions, but we reserve the right to at any time. Caraustarcustom.com is under no obligation to review any Submissions or other communications submitted or used on the Website and assumes no responsibility or liability relating to any such Submissions. Caraustarcustom.com reserves the right, but is not obligated, to remove any Submissions or refuse to complete a print job in its sole and absolute discretion. We reserve the right to report violations of these Terms to government authorities and to have violators prosecuted to the fullest extent of the law.

By generating, submitting, or using any features on the Website or your Account to create packaging, you thereby permit Caraustarcustom.com and third parties authorized by Caraustarcustom.com to use any and all such Submissions for the purpose of processing your order for products or services containing or embodying the Submissions. In addition, by sharing, submitting, and uploading any of your Submissions, you grant Caraustarcustom.com a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use and otherwise exploit your Submissions in any legal manner for the benefit of Caraustarcustom.com, including, without limitation, for Caraustarcustom.com to promote its products and services. Caraustarcustom.com shall, however, upon your request and within a reasonable time, cease using the Submissions for promotional purposes.

  1. Disclaimers. THE WEBSITE AND ALL FEATURES, FUNCTIONALITY, MATERIALS, INTELLECTUAL PROPERTY, AND SOFTWARE PROVIDED AT THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW, CARAUSTARCUSTOM.COM, ALL OF ITS SUBSIDIARIES, PARENT, OR RELATED COMPANIES (“CARAUSTARCUSTOM.COM”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY – FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.

CARAUSTARCUSTOM.COM  DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY CARAUSTARCUSTOM.COM GROUP ENTITIES, ITS PARENT OR AFFILIATE ENTITIES, ITS FRANCHISEES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER, OR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, SOFTWARE, FEATURES, PRODUCTS, SERVICES, OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CARAUSTARCUSTOM.COM SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (b) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (c) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; OR (d) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. OTHER THAN THE PROMISE SET FORTH IN SECTION 5, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR MATERIALS, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO CARAUSTARCUSTOM.COM  FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE LESSER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT PAID BY YOU TO CARAUSTARCUSTOM.COM FOR YOUR LAST PURCHASE, PLUS SHIPMENT FEES, IF ANY.

APPLICABLE STATE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting anything set forth in these Terms, to the fullest extent permitted by applicable law, in no event will Caraustarcustom.com be liable for any adjustment, refund, or credit of any kind for, or any loss, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, non-delivery, misinformation, other service failures caused be (a) your acts, defaults, or omissions; (b) your violation these Terms; or (c) failures of Internet service providers, weather phenomena, strikes, natural disasters, disruption or failure of communication and information systems, or other acts of God.

  1. Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Caraustarcustom.com from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the “Code of Conduct” sections above; (b) any allegation that any Submissions or materials you submit to Caraustarcustom.com or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other personal or proprietary rights of any third party; or (c) your activities in connection with the Website.
  2. Termination and Enforcement. Caraustarcustom.com reserves the right to immediately discontinue the Website, terminate these Terms, or your access to and use of the Website or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, your right to use the Website shall immediately cease, and you shall destroy all Materials obtained from the Website and all copies thereof. You agree that Caraustarcustom.com, its licensors or suppliers, and their respective affiliates, suppliers, and agents shall not be liable to you or any third party for any termination of your access to the Website or to any such information or files, including, without limitation, any submissions made by you to the Website, and shall not be required to make such submissions, information, or files available to you after any such termination.

We reserve the right to take steps that we believe are necessary, helpful, or appropriate to enforce or verify compliance with these Terms (including without limitation in connection with any legal process relating to your use of the Website or a third party claim that your use of the Website is unlawful or violates such third party’s rights).

  1. Notice for California Users. Under California Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254 or (800) 952-5210.
  2. Entire Agreement; Applicable Law. This is the entire agreement between you and Caraustarcustom.com relating to the use of this Website, which supersedes all prior and contemporaneous agreements, proposals, understandings, or communications in any form with respect to the subject matter hereof. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms will be governed by and construed in accordance with the laws of the state of Georgia, without giving effect to any principles of conflicts of laws contained therein.

  1. DISPUTES – MANDATORY BINDING ARBITRATION, WAIVER OF CLASS ACTION.

YOU HAVE THE RIGHT TO OPT OUT OF THIS DISPUTE RESOLUTION PROVISION (EXCEPT JURY TRIAL WAIVER) WITHIN 30 DAYS OF ACCEPTANCE OF THESE TERMS, IF YOU FOLLOW THE PROCEDURES SET FORTH IN THIS SECTION 17. OTHERWISE, YOU WILL BE BOUND TO SETTLE ANY DISPUTES YOU MAY HAVE WITH US THROUGH THE FOLLOWING DISPUTE RESOLUTION PROCEDURES.

YOU AND CARAUSTARCUSTOM.COM AGREE TO ARBITRATE – RATHER THAN LITIGATE IN COURT – any and all claims or disputes between us (including any parents, subsidiaries, affiliates, officers, directors, employees, or agents of Caraustarcustom.com) that arise out of or in any way relate to these Terms or any services or the products provided by Caraustarcustom.com. Notwithstanding this agreement to arbitrate, you and Caraustarcustom.com may bring appropriate claims against each other in small claims court, if the claims fall within the small claims court’s jurisdiction, or before the Federal Communications Commission, the relevant state public utilities commission, or any other federal, state, or local government agency authorized by law to hear the claims.

Opt Out. You may opt out of this dispute resolution provision (except for the jury trial waiver set forth below) by notifying Caraustarcustom.com of that intent within 30 days of receipt of this Agreement by sending a letter stating that you are opting out of this dispute resolution provision to Caraustarcustom.com via U.S. mail to Caraustar Industries, Inc., 5000 Austell Powder Springs Road, Austell, GA 30106, Attn: Legal Department – Caraustarcustom.com. Exercising this right, should you choose to do so, will not affect any of the terms of your contract with Caraustarcustom.com, and you may remain a Caraustarcustom.com customer. If you opt out of the dispute resolution provision, that opt out will remain in effect if Caraustarcustom.com modifies this section in the future.

Class Action Waiver. You and Caraustarcustom.com agree that all claims or disputes between you and Caraustarcustom.com will be arbitrated individually, and that there will be no class, representative, or consolidated actions in arbitration. If you or Caraustarcustom.com brings a claim in small claims court, this class action waiver will apply, and neither of us can bring a claim on a class or representative basis. Furthermore, neither you nor Caraustarcustom.com may participate in a class or representative action as a class member if the class action asserts claims that would fall within the scope of this arbitration agreement if they were directly asserted by you or Caraustarcustom.com. We both agree that this class action waiver is an essential part of our arbitration agreement and that if this class action waiver is found to be unenforceable by any court or arbitrator then the entire arbitration agreement set forth in this Section 17 will not apply to any claim or dispute between you and Caraustarcustom.com, except for the provisions of Section 20 waiving the right to jury trial. This class action waiver may not be severed from our arbitration agreement.

Arbitrator Authority. The arbitration between you and Caraustarcustom.com will be binding. In arbitration, there is no judge and no jury. Instead, our disputes will be resolved by an arbitrator, whose authority is governed by the terms of this Agreement. You and Caraustarcustom.com agree that an arbitrator may only award such relief as a court of competent jurisdiction could award, limited to the same extent as a court would limit relief pursuant to the terms of this Agreement. An arbitrator may award attorneys’ fees and costs if a court would be authorized to do so, and may issue injunctive or declaratory relief if that relief is required or authorized by the applicable law, but that injunctive or declaratory relief may not extend beyond you and your dealings with Caraustarcustom.com. Review of arbitration decisions in the courts is very limited.

Arbitration Procedures. You and Caraustarcustom.com agree that this Agreement affects interstate commerce and that the Federal Arbitration Act applies. All arbitrations shall be conducted by the American Arbitration Association (“AAA”). The AAA’s rules are available on its website at www.adr.org or by calling 1-800-778-7879. If the claim asserted in arbitration is for less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. If the claim asserted is for $75,000 or more, the Commercial Arbitration Rules will apply. If there is a conflict between the AAA’s rules and this dispute resolution agreement, this dispute resolution agreement shall control. To initiate arbitration, you must send a letter requesting arbitration and describing your claims to Caraustarcustom.com at Caraustar Industries, Inc., 5000 Austell Powder Springs Road, Austell, GA 30106, Attn: Legal Department – Caraustarcustom.com. You must also comply with the AAA’s rules regarding initiation of arbitration. Caraustarcustom.com will pay all filing fees and costs for commencement of an arbitration, but you will be responsible for your own attorneys’ fees and costs unless otherwise determined by the arbitrator pursuant to the terms of this agreement or applicable law. Caraustarcustom.com will not seek to recover its fees and costs from you in the arbitration, even if allowed under the law, unless your claim has been determined to be frivolous. If you are successful in the arbitration, Caraustarcustom.com will pay your reasonable attorneys’ fees and costs. If you obtain an award from the arbitrator greater than Caraustarcustom.com ‘s last written settlement offer, Caraustarcustom.com will pay you $5,000 in addition to what you have been awarded in the arbitration. The arbitration will be held in a mutually convenient location.

Jury Trial Waiver. If for any reason this arbitration agreement is found to be unenforceable, or if you opt out of this dispute resolution agreement, you and Caraustarcustom.com expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY. This means that a Judge rather than a Jury will decide disputes between you and Caraustarcustom.com if, for any reason, the arbitration agreement is not enforced.

Survival. This dispute resolution provision survives the termination of your contract with Caraustarcustom.com. If you bring a claim against Caraustarcustom.com after termination of your contract that is based in whole or in part on events or omissions that occurred while you were a Caraustarcustom.com customer, this dispute resolution provision shall apply.

  1. Waiver. Caraustarcustom.com’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. These Terms are not assignable, transferable, or sublicensable by you except with Caraustarcustom.com’s prior written consent. Caraustarcustom.com may assign its rights and duties under these Terms at any time without notice to you. 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.
  2. Assignment; No Third Party Beneficiaries. 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. Caraustarcustom.com may freely assign these Terms. Nothing in these Terms is intend to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred.
  3. Contact Information. If you have questions or comments regarding this Website, please contact us by email at custompkg@caraustar.com.