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Terms and Conditions of Use

Modified March 6, 2016


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Agreement to be Legally Bound by Terms of Use

 

By using this site, you signify that you have read, fully understand and agree to be legally bound by these Terms and Conditions of Use (the "Terms of Use" or "Agreement") and to comply with all applicable laws and regulations as they may change from time to time.  IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE OR ANY COMPONENT THEREOF.  These Terms of Use are binding upon you and your respective heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior express written consent, which consent may be withheld in our sole and absolute discretion.

 

Avery Products (Canada) (“Avery”, “us”, “our” or “we”) reserves the right, in our sole and absolute discretion, to modify all or any portion of these Terms of Use at any time without further notice and without incurring any liability or obligation.  If we do this, we will post the changes to these Terms of Use on the site and will indicate at the top of this page the date these Terms of Use were last revised. Your continued access to and/or use of the site after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms of Use, as revised.  It is your sole responsibility to regularly check the site to determine if there have been any changes to these Terms of Use and to review such changes. 

 

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

 

Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the site.  In no event will the information you provide on or through the site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.

Privacy and Parental Consent

Without limiting the generality of these Terms of Use, your use of the site is also subject to the terms of our Privacy Policy and our Parental Consent Policy which are hereby incorporated into and made part of these Terms of Use.  Please carefully review our these policies.  By using the site, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy and Parental Consent Policy. 

 

Restrictions on Use of Site Content and Intellectual Property Rights

This site is owned and operated by Avery.  The site consists of various graphics, texts, icons, buttons and other materials that have been provided by Avery and/or other entities under our direction.  All such content is owned by Avery and/or the applicable third party entity. For greater certainty and the avoidance of doubt, Avery and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and Software (as defined below) (collectively, the “Site Content”).  You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual property laws.  Your use of the site does not grant or transfer to you or any other part any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the site shall be construed as conferring on you or any other party any license under any of Avery’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever.  Any rights not expressly granted to you in these Terms of Use are expressly reserved by Avery. For greater certainty and the avoidance of doubt, you agree that you will not take any action that is inconsistent with Avery’s ownership of the site and/or Avery’s ownership of, or any third party’s ownership of, any Site Content. 

 

 

Without limiting the generality of the foregoing, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Avery hereby grants each user of this site a limited, non-exclusive and revocable license to make personal and non-commercial use of the site and its Site Content as contemplated herein.  For greater certainty and the avoidance of doubt, this limited license only allows you to view, download or print materials from this site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein, and, for greater certainty, does not include permission to redistribute, reproduce or republish, in any form, any Site Content contained within this site. Modification of the Site Content or use of the Site Content for any other purpose is a violation of Avery's copyright and other proprietary rights.

 

 

In the event you download software from the site, the software, including any files, images incorporated in, and data accompanying the software (collectively, the "Software") are licensed to you by Avery. Avery does not hereby transfer title to the Software. Avery retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, or disassemble the Software.   While commercially reasonable efforts are made to help ensure that all Software provided on the site is suitable for use on a wide variety of systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the Software with your specific system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such 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.

 

Indemnification by User

By using the site, you hereby agree to indemnify, defend and hold harmless Avery, its parent company, subsidiaries, affiliated entities, suppliers, advertising/promotion agencies and any other individual(s), entity or entities involved in the development, implementation, administration or fulfillment of the site, and each of their respective officers, directors, employees, agents, representatives, successors and assigns (collectively, the “Released Parties”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating, directly or indirectly, in any way to your use of the site and/or breach of these Terms of Use.

 

Disclaimer and Limitation of Liability

THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER, SOFTWARE OR OTHER DEVICE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, SOFTWARE OR ELECTRONIC FILES.

 

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

 

THE RELEASED PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT AVERY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AVERY. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

 

Any guidance provided on this site is not to be considered legal advice and should not be used as a substitute for legal advice. As every situation requires unique legal guidance you should consult LEGAL COUNSEL to ensure you comply with all applicable laws, rules or regulations.

 

Accuracy and Changes

Facts and information provided by Avery on the site are believed to be accurate when placed on the site. Changes may be made at any time to the information at this site without prior notice. Please consult Avery for complete and up-to-date information.

 

Jurisdiction, Severability and Entire Agreement

This site is controlled and operated by Avery from its offices within the Province of Ontario, Canada. 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.

 

This Agreement shall be governed by and construed in accordance with the domestic laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of the site and any related matters.

 

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by Avery Products (Canada).  No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

 

Trademark Notice

Avery, Hi-Liter, Marks-A-Lot, Ready Index, Index Maker and all other Avery brands, product names, and codes are trade-marks of Avery Products (Canada).  All other brands and product names are trademarks of their respective companies. Trade-marks may be registered in Canada and in other countries as applicable. All trade-marks not owned by Avery are the property of their respective owners, and, where used by Avery are used under license or with permission.  All trade-marks are and shall remain the sole and exclusive property of their respective owner(s).  Any use of such trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited.  Nothing contained herein or on this site may be construed as granting, by implication, estoppel, or otherwise, any license to use any trade-mark(s).  You agree that you will not take any actions inconsistent with Avery’s ownership of, or any third party’s ownership of, the trade-marks.

 

Links and Other Sites

This site may contain links to the sites of our subsidiaries and affiliates, and to sites that are independently owned and operated by third parties. These other sites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any site(s) owned and operated by any such subsidiaries, affiliates or third parties. Other sites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each site you visit.  Any links from this site to other sites, or references to products, services or publications other than those of Avery, do not imply the endorsement or approval of such sites, products, services or publications by Avery.  In the event of any discrepancy or inconsistency between these Terms of Use and disclosures or other statements contained in any sites featured on the site or linked to the site, the terms and conditions of these Terms of Use shall prevail, govern and control to the fullest extent permitted by law.

 

Termination

If you breach any provision of these Terms of Use you may no longer use the site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity.  If these Terms of Use or your permission to use the site (or any feature or portion thereof) is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the site and anything relating to or arising from such use. If you are dissatisfied with the site or with these Terms of Use, then your sole and exclusive remedy is to discontinue using the site. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement.  Upon termination, you must destroy all Site Content and Software obtained from this site and any and all other Avery site(s) and all copies thereof, whether made under the terms of this Agreement or otherwise.

 

Guidelines for the Use of Photo Images on Avery Design & Print

Avery Design & Print contains numerous photo images (collectively referred to as the "Images") which are either owned by Avery Products (Canada) or licensed from a third-party. As a user of this product 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, we recommend that you 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 or applicable laws.

 

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 or immoral 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;
  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.