Paperly’s Terms of Use

These Terms of Use (“Terms”), which constitute a legal agreement between you (“you”) and Paperly, LLC (“Paperly”), shall govern your use of and access to Paperly’s website, www.paperly.com (the “Site”) and all products and services provided by Paperly as described therein (“Products and Services”). By accessing and/or using the Site or Products and Services thereafter, you (i) accept these Terms and agree to be bound by them, and (ii) represent and warrant to Paperly that (a) you have the authority to enter into these Terms, (b) these Terms are binding and enforceable against you, and (c) you have read and understand Paperly’s Privacy Policy (which is posted on the Site and incorporated herein by reference) and agree to abide by the Privacy Policy. If you do not agree with any of these Terms, Paperly kindly asks that you immediately cease any and all activities on the Site and/or use of any Products and Services. Your use of the Site signifies acceptance of these Terms.

Unavailability of the Site or Products and Services
While it is Paperly’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Paperly, access to the Site and/or its Products and Services may be interrupted, suspended or terminated from time to time. YOU AGREE THAT PAPERLY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE.

Products and Services
Paperly’s Products and Services are described within the Site. You should review the Site to gain a better understanding of the Products and Services Paperly offers. Paperly expressly reserves the right to discontinue, suspend or terminate offering its Products and Services at any time. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for any type of commitment.

Denial of Service
At its own discretion, Paperly reserves the right to refuse its Products and Services if it believes that your conduct violates applicable law or is harmful to Paperly’s interests.

Trademarks
Any of Paperly’s trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Site are the property of Paperly unless otherwise noted. Nothing on the Site should be construed as granting any permission, license or right to use any Trademark without the prior express written permission of Paperly.

Copyrights
All content provided on the Site, such as text, graphics and images, is Paperly’s property, unless otherwise noted, and is protected by United States and international copyright laws. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, reprinted or duplicated in any manner without the prior express written permission of Paperly.

Privacy
Paperly’s collection, storage and use of personal information shall be used in accordance with its Privacy Policy.

User Submissions
Paperly appreciates user comments and suggestions. A user who submits comments, suggestions or ideas grants Paperly a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such submissions, as well as the names tied to such submissions, for any purpose. In addition, Paperly is not responsible for any errors or delays in responding to messages submitted by you, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you or (ii) technical problems.

Disclaimers And Limitations
THE SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS, WHERE IS AND AS AVAILABLE.” PAPERLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR ANY OF PAPERLY’S PRODUCTS AND SERVICES. USE OF THE SITE AND/OR PAPERLY’S PRODUCTS AND SERVICES IS AT YOUR OWN RISK. PAPERLY IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE AND/OR PAPERLY’S PRODUCTS AND SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PAPERLY AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ALL EVENTS, THE AGGREGATE LIABILITY OF PAPERLY FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED $500.

Indemnity
As a condition of use of the Site, you agree to indemnify Paperly from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of the Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms.

Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Site, to the Products and Services provided by Paperly, or to any acts or omissions for which you may contend Paperly is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Cook County, Illinois. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Paperly. The costs of arbitration shall be paid by the non-prevailing party.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Cook County, Illinois. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND PAPERLY WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By accessing the Site or using the Products and Services, you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Paperly, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Cook County, Illinois. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees from the non-prevailing party.

Miscellaneous
These Terms, including the Privacy Policy, constitutes the entire agreement between you and Paperly and they supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Paperly with respect to the Site and Products and Services associated with it. These Terms shall be subject to and construed in accordance with the laws of the State of Illinois, excluding its conflict of laws principles. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

Changes to Terms or Products and Services
Paperly may, without prior notice, add, delete or modify some or all of these Terms, its Products and Services and/or the content available on the Site at any time at its sole discretion. Any updates will be communicated on this Web page. You should review these Terms periodically to ensure you are aware of changes.

Questions
If you have any questions or comments, please contact Paperly at info@paperly.com or 888-30-PAPER.

Paperly’s Policies

Ordering Information
Orders will only be accepted from a Paperly Consultant. If you do not know a Paperly Consultant, then please feel free to contact Paperly directly and we will connect you with a local Consultant.

Production & Shipping Time
Orders received by Paperly from a Paperly Consultant before 12:00PM CST, Monday through Friday, will be processed that same day, assuming all outstanding order-related questions between Paperly and the Consultant are answered. Orders received either Saturday or Sunday will be processed on Monday, again assuming all outstanding order-related questions between Paperly and the Consultant are answered. Production times vary by product, but generally range from 3-7 business days. (Production times often increase dramatically from October through December.) Shipping times generally range from 3-7 business days. So, in total, products generally will arrive between 6-14 business days once the order is placed. Some products, such as self-inking stamps, take significantly longer, sometimes up to 3 weeks in production time.

Products are shipped ground using a common carrier (e.g. UPS, FedEx, USPS, etc.) Paperly is not be liable for any shipping delay.

Shipping Fees
Paperly’s shipping fee for Party Orders is $2.50 per item , with a maximum of $12.50 per Customer. For Non-Party Orders, the shipping fee starts at $8.00 and increases based on the total dollar value purchased. Additional details can be found within Paperly’s Shipping Policies.

A customer does not pay an additional shipping charge for: adding a return address to any envelope order; adding colored ink to any self-inking stamp order; or adding envelopes to any of notepad order.

All shipping charges apply to the continental United States only. Shipping surcharges apply for Alaska, Hawaii and Puerto Rico. Paperly does not ship to locations outside the United States. However, a Consultant is welcome to re-ship products, at her own expense, worldwide.

Return Policy
Because Paperly’s products are personalized, they are essentially valueless to anyone but the intended recipient. Therefore, Paperly is unable to accept a return for any reason except if the product is incorrect (when compared to the order form), defective or damaged. If a product is incorrect, defective or damaged, Paperly must be notified by the Consultant within five (5) days of its receipt. A replacement product will then be sent as soon as possible at no additional cost to the customer. Paperly does not offer cash refunds.

Errors made by the customer or Consultant can be corrected and reprinted at 25%-off the full retail price plus shipping costs. Such orders will be processed by Paperly on its normal production schedule.

Cancellations
Once an order has been submitted to Paperly, customers will be charged the full amount.

Colors
Due to variations in the printing process, colors may vary from the images that appear online. No discounts or refunds will be given for such variations.

Layout
All layouts will follow the example in this catalog unless otherwise noted.

Proofs
Unless otherwise indicated, Paperly does not offer proofs for any of its products.

Rush Orders
Paperly does not offer a rush service for any of its products.

Pricing and Availability
The prices and availability of products are subject to change without notice.

Changes to Policies
Paperly may, without prior notice, add, delete or modify some or all of these policies at any time at its sole discretion. Any updates will be communicated on this Web page. You should review these Polcies periodically to ensure you are aware of changes.

Questions
If you have any questions or comments, please contact Paperly at info@paperly.com or 888-30-PAPER.