Terms of service

 

Acceptance of the Terms of Use

 

These terms of use are entered into by and between you and Vanguard Packaging LLC (“Company,” “we,” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to an use of BOXGENIE, including any content, functionality, and services offered on or through BOXGENIE (the “Website”), whether you are accessing as a guest or a registered user. 

 

Please read the Terms of Use carefully before you start to use the Website.  By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, and the Privacy Policy set forth and incorporated therein.  If you do not want to agree to these Terms of Use, you must not access or use the Website. 

 

This Website is offered and available to users who are 18 years of age or older, and who reside in the United States or any of its territories or possessions.  By using this Website, you represent and warrant that you are of legal age to form a legally binding contract with the Company, and that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use the Website. 

 

Changes to the Terms of Use 

 

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to, and use of, the Website thereafter.  Any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section herein will not apply to any dispute for which the parties have actual knowledge on or before the date that such changes are posted on the Website. 

 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page each time you access the Website in order to ensure that you are aware of any changes, as they are binding on you when initially posted.

 

Accessing the Website and Account Security 

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice.  We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. 

 

You are responsible for both (i) making all arrangements necessary for you to have access to the Website, and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them. 

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Website that all the information that you provide on the Website is correct, current, and complete.  You agree that all information that you provide to register with this Website or otherwise, including but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy (per below) and you consent to all actions that we take with respect to your information that are consistent with such Policy. 

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information.  You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

 

Intellectual Property Rights

 

This Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio; and the design, selection, and arrangement thereof) are owned by the Company, its licensors, and other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

 

These Terms of Use permit you to use the Website for the purpose of familiarizing yourself with the Company’s goods and services offered for sale therein, and/or purchasing any such goods or services in accordance with these Terms of Use (collectively, the “Purpose”).  You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website, except as follows: 

 

                (i) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;

                (ii) You may store files that are automatically cached by your Web browser for display enhancement purposes;

                (iii) You may print or download one copy of a reasonable number of pages of the Website for the Purpose, and not for further reproduction, publication, or distribution;

                (iv) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for the Purpose, provided you agree to be bound by our end user license agreement for such applications;  and

                (v) If we provide social media features with certain content, you may take such actions as are enabled by such features. 

 

Further, you must not (i) modify copies of any materials from this site, (ii) use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text, (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site, or (iv) access or use for any non-Purpose commercial purposes any part of the Website or any services or materials available through the Website. 

 

If you wish to make any use of the material on this Website other than the authorized uses set out in this section, please address your request to the Website Administrator at help@boxgenie.com.

 

If you print, copy, modify, download, or otherwise use or provide any other person or entity with access to any part of the Website in breach of these Terms of Use, your right to use the Website will stop immediately, and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company.  Any use of the Website not expressly permitted by these Terms of Use is a breach of the Terms of Use and may violate copyright, trademark, and other laws. 

 

Trademarks  

 

The Company name and logo, the terms [Company trademarks utilized on the Website], and all related names, logos, product, and service names, designs, and slogans are trademarks of the Company or its affiliates and licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

Prohibited Uses

 

You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:

 

                (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

                (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

                (iii) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Content Standards set forth in these Terms of Use;

                (iv) to transmit, or procure, the transmission of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

                (v) to impersonate, or attempt to impersonate, the Company, a Company employee, another user, or any other person or entity (including without limitation, by using email addresses or screen names associated with any of the foregoing);

                (vi) in any manner that could disable, overburden, damage, or impair the site, or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

                (vii) to utilize or employ robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

                (viii) to utilize or employ any manual process to monitor or copy any of the material on the Website, or for any other purpose nor expressly authorized in these Terms of Use, without our prior written consent;

                (ix) to utilize or employ any device, software, or routine that interferes with the proper working of the Website;

                (x) to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

                (xi) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

                (xii) to attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

                (XIII) to attempt to interfere with the proper working of the Website, to restrict or inhibit anyone’s use or enjoyment of the Website, or to engage in conduct which, as determined by us, may harm the Company or users of the Website, or expose them to liability.   

 

User Contributions

 

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards [select applicable interactive features], and any other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. 

 

All User Contributions must comply with the Content Standards set forth in, and incorporated into, these Terms of Use.

 

Any User Contributions you post to the site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that (i) you own and control all rights in and to the User Contributions, and have the right to grant the license granted above to us and our affiliates and service providers, and to each of their and our respective licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions that you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

By initiating and conducting Live Chat communications with Box Genie, you consent to Box Genie’s recordation and use of your communications as set forth in the Box Genie Privacy Policy and the “User Contribution” section of the Box Genie Terms of Service, both of which sources you may access by link posted at the bottom of this Website page

 

Your Entry into Valid and Enforceable Purchase Contract with Company

 

Company reserves the right to refuse for any or no reason any order for product or services placed through this Website.  Approved purchases of Company’s goods and services on this Website shall, at all times, be subject to these Terms of Use.  You and the Company will be deemed to have entered into a binding, legally enforceable contract on this Website for the purchase of Company’s goods and services upon the completion of the following three steps:

 

                (a) Submission by you of, as applicable, (i) a selection of the product type, size, and quantity desired; (ii) a product proof that is capable of being produced according to the design and/or specifications set forth in the proof, including any images, text, finish, color, and branding/logo, without further alterations or amendments to the design or specifications by Company’s employees, and (iii) your designation of the shipment address(es) to which your order is to be shipped upon completion (collectively, the “Order”).   

 

                (b) Disclosure by you, for the purpose of paying all charges for your Order, including all product prices, shipping fees, and applicable sales/use taxes quoted by Company (collectively, the “Charges”), of full, current, valid, and complete credit card payment information, to include accountholder name on the credit card being charged, account number, billing address, card expiration date, and security code.  Such disclosure shall constitute your express authorization for Company, upon its acceptance of your Order, to immediately process your non-refundable credit card payment in full for the Charges set forth by Company for your Order (collectively, the “Payment”). 

 

                (c) Issuance by Company of an electronic communication confirming Company’s receipt of your Order and successful processing of your Payment (collectively, the “Receipt”). 

 

Upon completion of the foregoing Order, Payment, and Receipt steps, the parties shall be deemed to have entered into a binding, legally enforceable contract for the purchase of the goods identified in the Order (the “Contract”).  Notwithstanding the foregoing, Company reserves the right, after entry into the Contract, to (i) correct any inadvertent non-material product or pricing errors or inaccuracies in the Order or Receipt identified by our employees, and (ii) adjust or limit the quantity of product purchased, with appropriate price adjustment, due to then current market conditions.  Such correction or adjustment, however, shall not negate the binding force and effect of the parties’ contract for sale.   

 

If you intend to be a recurring customer of Company, you are responsible for timely updating your credit card account information so that, at all times, such information remains valid, current, and accurate, thereby enabling Company to promptly service your recurring Orders. 

 

Shipment Date / Risk of Loss

 

From the date on which Company transmits to you its Receipt of your Order (the “Receipt Date”), it is the goal of Company to transfer your completed Order to the custody of the applicable carrier for delivery under the shipping method you selected (the “Transfer”) not later than 5:00 pm CST on the tenth (10th) business day after such Acceptance Date (excluding Saturdays, Sundays, and legal/Company holidays).  Notwithstanding this goal, because of seasonal demands, order backlogs, supply chain disruptions, or other exigencies beyond the control of Company, Company may not be able to meet this Transfer goal in respect to an Order.  Subsequent, then, to its transmission to you of its Receipt of your Order, Company shall, not later than the Transfer of your Order product to the carrier for shipment, inform you of the date of such Transfer, which date shall reflect any time adjustments necessitated by any of the foregoing exigencies apparent to Company. 

 

Your Order will be deemed to have shipped upon the date of such Transfer (the “Shipment Date”), irrespective of the date upon which the carrier thereafter may commence physical shipment of your Order.  You are entirely responsible for ensuring that, based upon the Shipment Date / Transfer date noted in your Order Acceptance, you have selected a carrier, shipping method, and anticipated delivery date that meets your business requirements. 

 

Title to your Order product, and risk of loss or damage to such product, shifts to you on Company’s completion of the Transfer to the carrier on the Shipment Date.  You should, therefore, ensure that you have first party property insurance coverage in place not later than the anticipated Shipment Date that will insure you against loss or damage to your property while in transit with the carrier to the destinations you have designated.  Company is not responsible for damage to, or loss or theft of, your property after the Transfer. 

 

If, for whatever reason, Company is unable to complete Transfer of your Order to the carrier on or before the Shipment Date set forth in the Acceptance (a “Shipment Delay”), Company reserves the right to make up any potentially resulting delivery delay (“Delivery Delay”) by arranging for a more expedited shipping method for your Order than you have selected, with the incremental cost increase for such expedited shipping method to be paid by Company (“Expedited Shipping”).  Use by Company of such Expedited Shipping shall constitute the parties’ agreement to an extension of the original Shipment Date to such new Shipment Date under these Terms of Use, but shall not alter or nullify your assumption of product ownership and risk of loss upon such new Shipment Date. 

 

If Company’s Expedited Shipping cannot eliminate all Delivery Delay caused by a Shipment Delay, Company agrees to refund to you three (3) percent of the Payment (exclusive of any taxes, shipping costs, and/or pallet acquisition expenses) for each day of Delivery Delay not exceeding the Shipment Delay, except for any portion of such Delivery Delay caused by the carrier (a “Late Shipment Fee”).  Such Late Shipment Fee shall be your sole and exclusive remedy against Company for any Shipment Delay, and Company shall not be liable to you for any other direct, incidental, consequential, or special damages of any kind or type directly or indirectly caused by the Shipment Delay.  

 

Refunds / Returns

   

Once you and the Company have entered into a Contract for the purchase of Company products, absent any error made my Company with respect to your Order, you will not have the right to (i) make any changes, corrections, or amendments to your Order, including any adjustments to the Shipment Date set forth in Company’s Receipt, or (ii) seek and obtain any refund of monies that you have paid for your Order. 

Notwithstanding the foregoing, Company may, in the exercise of its sole discretion, prior to Company’s commencement of production of your Order, (i) permit a refund of the Payment upon your timely cancellation of the Order communicated to Company prior to commencement of production; or (ii) permit a change, alteration, or amendment to your Order, with or without adjustment in the Payment amount as determined by Company, if communicated to Company prior to commencement of production.  Company’s commencement of production of your Order, however, may commence at any time after Acceptance without advance notice to you thereof.  Company is under no obligation to notify you when production of your Order may commence, or has commenced.   

   

If Company acknowledges that it has made a material error with respect to your Order, or that material defects that are the fault of Company appear in any of the products shipped under your Order, at its election, Company will either (i) correct the error and/or repair the defect, and/or, if necessary, produce and ship at its expense replacement products free of such error or defect; or (ii) refund your Payment.  Before any such repair/replacement/refund election is made by Company, Company may require you to return the products that, you assert, contain materials errors or defects.  Upon Company’s subsequent confirmation and acknowledgment that it is responsible for such errors or defects, Company will reimburse you for the costs incurred by you in returning the products to Company. 

      

As set forth in the Limitation of Liability section of these Terms of Use, this repair/replacement/refund remedy is your sole and exclusive remedy against the Company in the event of any material error or defect appearing in the products shipped by Company under your Order.  In such circumstance, Company shall not have any monetary liability to you for any such errors or defects over and beyond the amount of the Payment you have made for such products.   

 

Customer Errors  

   

At no time shall Company be responsible for errors in your Order appearing in any customer-selected or customer-entered input, including but not limited to spelling, punctuation, or grammatical errors; low resolution or low-quality graphics or artwork files; or color variations between computer images/fields and printed product.  Additionally, the proof window tool allows you to generate files that we can use as a basis for printing your Order. This tool is provided for your convenience only, and Company makes no representation or warranty that any file generated by your use of the tool is adequate for printing or will meet your specific requirements.  Company reserves the right to reject any Order that incorporates customer-provided images or language deemed inappropriate by Company, or which Company determines may infringe the intellectual property rights of a third party. 

 Content Standards

 

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy (see below)
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Copyright Infringement

 

If you believe that any User Contributions violate your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Reliance on Information Posted

 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website

 

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

 Information About You and Your Visits to the Website

 

All information we collect on this Website is subject to our Privacy Policy By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

 Linking to the Website and Social Media Features

 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part[ without our express written consent.

This Website may provide certain social media features that enable you to:

 

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, and otherwise only in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

 

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

 

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

 

 Links from the Website

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

 

The owner of the Website is based in the State of Missouri in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing adequate procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, WITH RESPECT TO ANY PRODUCTS SOLD ON THIS WEBSITE, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 Limitation on Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT INVOLVING THE SALE OF CONTENT, SERVICES OR PRODUCTS TO YOU ON THIS WEBSITE, WILL THE COLLECTIVE LIABILITY THEREFOR OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU OR ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR SUCH CONTENT, PRODUCT, OR SERVICE OUT OF WHICH THE COMPANY’S LIABILITY ALLEGEDLY HAS ARISEN. 

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 Indemnification

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

Copyright Policy

 

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

Our designated copyright agent to receive DMCA Notices is:

                John M. McFarland

                Vanguard Packaging, LLC

                8800 NE Underground Drive

                Pillar 255E

                Kansas City, MO  64161

                (816) 455-4000

                jmcfarland@vanguardpkg.com

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly and materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

                Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated [above/below]. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

 

Our designated agent to receive Counter Notices is:

 
 
 
 
   

John M. McFarland

Vanguard Packaging, LLC

8800 NE Underground Drive

Pillar 255E

Kansas City, MO  64161

(816) 455-4000

jmcfarland@vanguardpkg.com
 

 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Governing Law and Jurisdiction

 

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

 

By your use of the Website and/or transaction for goods or services, you irrevocably agree that any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the U.S. District Court for the Western District of Missouri, at Kansas City, if federal subject matter jurisdiction lay there, or, in the alternative, the Circuit Court of Clay County, Missouri, at Liberty.  You waive any and all objections to the exercise of personal jurisdiction over you by such courts, and to venue in such courts, and waive any motion for a more convenient forum. 

 

Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE, OR TO COMPANY’S PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

 

The Terms of Use constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

 Your Comments and Concerns

 

This website is operated by Vanguard Packaging, LLC, 8800 NE Underground Drive, Pillar 255E, Kansas City, Missouri  64161.

 

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

 

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: help@boxgenie.com