Terms & Conditions
We have taken every effort to design our Web site to be useful, informative, helpful,
honest, and fun. Hopefully we've accomplished that ? and would ask that you let
us know if you'd like to see improvements or changes that would make it even easier
for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take
a few minutes to look them over because by using our site you automatically agree
to them. Naturally, if you don't agree, please do not use the site. We reserve the
right to make any modifications that we deem necessary at any time. Please continue
to check these terms to see what those changes may be! Your continued use of the
The Folder Store
Web site means that you accept those changes.
Thank you again for visiting The Folder Store!
All Online Materials on the
The Folder Store
site, including, without limitation, text, software, names, logos, trademarks, service
marks, trade names, images, photos, illustrations, audio clips, video clips, music,
and site functionality are copyrighted intellectual property. All usage rights are
owned and controlled by
The Folder Store
. You, the visitor, may download Online Materials for non-commercial, personal use
only provided you 1) retain all copyright, trademark, and propriety notices, 2)
you make no modifications to the materials, 3) you do not use the materials in a
manner that suggests an association with any of our products, services, events,
or brands, and 4) you do not download quantities of materials to a database, server,
or personal computer for reuse for commercial purposes except to design and purchase
folders from
The Folder Store
. You may not, however, copy, reproduce, republish, upload, post, transmit, or distribute
Online Materials in any way or for any other purpose unless you get our written
permission first. Neither may you add, delete, distort, or misrepresent any content
on the
The Folder Store
site. Any attempts to modify any Online Material, or to defeat or circumvent our
security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in
or generated by the software, and all data accompanying it are considered Online
Materials, and are considered licensed to you by
The Folder Store
or third-party licensors for your personal, non-commercial home use only. We do
not transfer title of the software to you. That means that we retain full and complete
title to, and ownership of, the software and to all of the associated intellectual-property
rights. You're not allowed to redistribute or sell the material or to reverse-engineer,
disassemble, or otherwise convert it to any other form that people can use.
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Full payment is due before the order will be released to print.
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Payment for all orders will be via credit card (Visa, MasterCard, American Express, Discover), PayPal,
or check.
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Normal production time on standard orders is 5-7 business days.
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We do not offer cash refunds.
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The customer must examine the completed order and notify us of any discrepancies within 48 hours of
receipt of the order.
All remarks, suggestions, ideas, graphics, comments, or other information that you
send to
The Folder Store
are considered to be Submissions. Any such Submissions through our site (other than
information we promise to protect under our privacy policy) becomes and remains
our property, even if this agreement is later terminated.
That means that we don't have to treat any such Submission as confidential. You
can't sue us for using ideas you submit. If we use them, or anything like them,
we don't have to pay you or anyone else for them. We will have the exclusive ownership
of all present and future rights to submissions of any kind. We can use them for
any purpose we deem appropriate to our
The Folder Store
mission, without compensating you or anyone else for them.
The Folder Store
has the unrestricted authority to publish, transmit, display, or otherwise use the
Submissions for any purpose including, but not limited to, advertising and promotional
purposes.
You acknowledge that you are responsible for any submission you make. This means
that you (and not we) have full responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright.
MATERIALS ON THE SITE ARE BEING TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT
ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The Folder Store
DOES NOT MAKE ANY WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY
OF ANY MATERIALS ON THE WEBSITE.
The Folder Store
WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR
USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY TO USE) ANY SITE TO WHICH
YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS
AS "CONSEQUENTIAL DAMAGES.")
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR
THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES,
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WOULD THEN MEAN THAT YOU MIGHT
HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND
CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF
A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR
THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT
YOU PAID IF ANYTHING TO ACCESS OUR SITE. TO PURCHASE PRODUCT ON OUR SITE.
We sometimes provide referrals to and links to other World Wide Web sites from our
site. Such links are not an endorsement, approval, or agreement with any information
or resources offered at sites you can access through our site. The links are provided
for the your convenience, and you access them at their own risk. If in doubt, always
check the Uniform Resource Locator (URL) address provided in your WWW browser to
see if you are still in a
The Folder Store
-operated site or have moved to another site.
The Folder Store
is not responsible for the content or practices of third party sites that may be
linked to our site. When
The Folder Store
provides links or references to other Web sites, no inference or assumption should
be made and no representation should be inferred that
The Folder Store
is connected with, operates, or controls these Web sites. Any approved link must
not represent in any way, either explicitly or by implication, that you have received
the endorsement, sponsorship, or support of any
The Folder Store
site or endorsement, sponsorship, or support of
The Folder Store
, including its respective employees, agents, or directors.
By using this website and/or transmitting any Submissions to
The Folder Store
, you agree to indemnify
The Folder Store
, as well as its officers, directors, employees, agents, affiliates, subsidiaries,
and related companies against any and all claims, damages, losses, and causes of
action arising out of your breach or alleged breach of this Agreement.
One of the reasons that
The Folder Store
may terminate this agreement at any time and without notice to you is, if, in its
sole judgment, you breach any term or condition of this agreement. Upon termination
of this agreement, all warranties, indemnities, and limitations of liability will
survive. In addition, by providing material on our Web site, we do not in any way
promise that the materials will remain available to you. And
The Folder Store
is entitled to terminate all or any part of any of its Web site without notice to
you.
This site is controlled and operated by
The Folder Store
from its offices located in Dubuque, Iowa.
The Folder Store
does not represent or warrant that the materials on its site are appropriate or
available for use in any other locations. If you choose to access this site from
other locations, you do so at your own risk and are responsible for the compliance
with any and all local laws. If you use our site from locations outside of the United
States, you are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed, and enforced in accordance with
the laws of the Iowa, as it is applied to agreements entered into and to be performed
entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate
The Folder Store
and/or its affiliates' intellectual property rights,
The Folder Store
and/or its affiliates may seek injunctive or other appropriate relief in any state
or federal court in the State of Iowa, and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with
the help of a mutually agreed-upon mediator in the following location: Dubuque,
Iowa. Any costs and fees other than attorney fees associated with the mediation
will be shared equally by all parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation,
we agree to submit the dispute to binding arbitration at the following location:
Dubuque, Iowa, under the rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitration may be entered in any court with jurisdiction
to do so.
If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable
for any reason, the parties agree that provision will be severed from this Agreement
and the remaining provisions will remain in full force and effect
The Folder Store
may modify these Terms of Use, and the agreement they create, at any time, simply
by updating this posting and without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.