BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO THE FOLLOWING TERMS & CONDITIONS. WE MAY ALTER THESE TERMS AT ANY TIME. AN UPDATED AND CURRENT COPY OF THESE TERMS IS AVAILABLE ON OUR SITE FOR REVIEW AT WWW.WOODYSPAPER.COM/TERMSANDCONDITIONS.
Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms and policies (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
All content included on the Site such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is owned or licensed property of Woodyβs Paper Company (hereinafter also referred to as βWPβ, βWPCβ, and βCompanyβ) or its suppliers or licensors, and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Site is the exclusive property of Woodyβs Paper Company and protected by U.S. and international copyright laws. Woodyβs Paper Company and its suppliers and licensors, expressly reserve all intellectual property rights in all Content.
WPC grants you a limited license to access and make personal use of the Site and the Content for NON-COMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. You may download, print and copy Content for personal, Non-commercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 18 years of age and older or of legally binding consent. If you are under 18 or any age whereby legally binding consent to contract may not apply or be otherwise available to you, you may use this Site only with the involvement of a parent or guardian.
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to WPC that you will not (and will not assist or encourage any third party to) use the Site in any way or for any purpose that is unlawful or is prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
- Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices or images;
- Download, copy or transmit any Content for the benefit of any other merchant;
- Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by WPC or generally publicly available browsers;
- Frame, mirror or use framing techniques on any part of the Site without WPCβs express prior written consent;
- Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
- Use any meta tags or any other hidden text utilizing WPCβs name or marks;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- Use a buying agent to conduct transactions on the Site;
- Conduct fraudulent activities on the Site;
- Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the βwoodyspaper.comβ or affiliated site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);
- Send unsolicited or unauthorized email on behalf of Woodyβs Paper Company or any WPC affiliate, including promotions and/or advertising of products or services;
- Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- Use the Site or provide any User Content to defame, abuse, harass, stalk, unlawfully track, threaten or otherwise violate the rights of others, including othersβ privacy rights or rights of publicity;
- Harvest or collect personally identifiable information about other users of the Site;
- Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
- Use the Site to advertise or offer to sell or buy any goods or services without WPCβs express prior written consent;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
You may be required to register with Woodyβs Paper Company in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the username you request. Your username and password are for your personal use only, and you will not share your username or password with any individual or third party (other than WPC). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to WPC including those set forth in these Terms & Conditions, WPC reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
WPC may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. WPC reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site.
Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED DATE” at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. WPC reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.
WPC welcomes your reviews, comments, and other communications (including, without limitation, any content or other data entered into any search fields, chat tools, or other areas of the Site where you can submit content), photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow WPC to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. X formerly Twitterβ’, Instagramβ’, Pinterestβ’) (collectively, “User Content”) as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, exploitative, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and WPC assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to WPC a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store marketing, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
In addition, you grant to WPC the right to include the name provided along with the User Content submitted by you; provided, however, WPC shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as WPC the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third-party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. WPC neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of WPC or its affiliates.
Products offered on the Site are typically available for shipping, local delivery and pickup in stores at the service counter, but not all items are available for every option or in all stores. Once your order is completed, your receipt and order details will be sent to the email address you provided. If someone else will be picking up your order, you must designate him/her as an alternate pickup person when ordering. When picking up your order, you will need your receipt information associated with your order and must sign for your order. You or your alternate pickup person must present the receipt number associated with your order, along with a valid government issued ID.
If you wish to purchase any product or service made available through the Site including items sold by WPC and items sold by a WPC affiliate or third party (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to WPC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
For Same-Day Delivery orders placed through the Site, WPC will temporarily authorize your payment card for your order amount plus an additional amount to allow for substitutions and special requests related to your Same Day Delivery order. You will only be charged for the items you receive. The final total will be shown in your account and receipt provided via email PRIOR TO the delivery of your order.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. WPC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
WPC, our agents or delivery partners may call or text by telephone regarding your account, your Transactions or delivery of your purchases. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
WPC reserves the right to prohibit purchases of any merchandise to resellers at our discretion. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them. Geographical, regional, and affiliated distribution territories and other contracted obligations may limit WPCβs ability to wholesale or distribute certain products or make them available to resellers in some areas.
WPC strives to display as accurately as possible the colors of the products shown on the Site; however, WPC cannot and does not guarantee that your monitorβs display of any color will be accurate.
If an item is out of stock, WPC, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if WPC, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
WPCβs acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. WPC makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items sold by affiliates and or third parties. WPC reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. WPC may have different shipping procedures and processes in place for item availability and price adjustments.
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
If you are not fully satisfied with your purchase of items sold by WPC, you may return it in accordance with WPCβs Return Policy. If you are not satisfied with your purchase of items sold by a WPC franchisee, you may return it to that store or by mail in accordance with the WPC Return Policy. The Return Policy and each WPC Franchisee Return Policy is incorporated into these Terms & Conditions in its entirety.
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Florida. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
- These terms and conditions apply to SMS text messages sent by WPC. These messages can be recurring or one-time SMS text messages.
- You can cancel the SMS service at any time. Just text βSTOPβ in response to the text message you received. After you send the SMS message βSTOPβ to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from that particular short code or number, as applicable. If you want to restart the text messages, you will need to provide your consent again.
- If at any time you forget what keywords are supported, just text βHELPβ to the text message you received. After you send the SMS message βHELPβ to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrierβs name, and the date, time and content of your messages and other information you provide to WPC as part of this service. WPC may use this information to contact you and provide the services you request from WPC. WPC may also use this information as described in the subscription list youβve enrolled in. WPC may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy at WoodysPaper.com/Privacy.
- As always, message and data rates may apply for any messages sent to you from us and to us from you. If enrolled in a subscription, the maximum number of messages per month you will receive will vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services WPC provides, contact us atΒ [email protected].
- WPC will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
- You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to WPC or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud.
- If you have questions regarding how WPC collects, uses, shares, and protects user information, please read our privacy policy at www.woodyspaper.com/privacypolicy
The following provisions apply to users of WPC mobile applications (each, an βApplicationβ):
Mobile Service, Internet and Service Fees
The use of the Application requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from WPC, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Application.
The Application may not work with all devices or all mobile carriers. WPC makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third-party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.
Woodyspaper.com and our affiliated websites and ecommerce portals and platforms may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturersβ sites. WPC is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, WPC strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by WPC of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
You agree that any purchased goods licensed or sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, any products purchased, software, or technology to a foreign national or a foreign destination in violation of U.S. laws, sanctions or treaties.
Forward-Looking Statements
The Site, and any documents issued by us and available through the Site, may contain forward-looking statements, which are based on our current assumptions and expectations. These statements are typically accompanied by the words “expect,” “may,” “could,” “believe,” “would,” “might,” “anticipates,” or words of similar import. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. All such forward-looking statements are intended to enjoy the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995, as amended. Although we believe there is a reasonable basis for any forward-looking statements, our actual results could be materially different. The most important factors which could cause our actual results to differ from our forward-looking statements are set forth on our description of risk factors in our Annual Reports, (or found on Form 10-K, Quarterly Reports on Form 10-Q or Current Reports on Form 8-K, which should be read in conjunction with the forward-looking statements on the Site for publicly traded companies). Forward-looking statements speak only as of the date they are made, and we do not undertake any obligation to update any forward-looking statement. In addition, please note that information contained in the Site shall not be included as part of or incorporated by reference into (nor shall it be deemed to be a part of or incorporated by reference into), any prospectus or offering memorandum of WPC or its subsidiaries or used in connection with the offering or sale of securities.
Third-Party Financial Information
We provide links and access to third-party web sites or services that contain information that is provided as a service to those interested in the information. WPC neither regularly monitors nor assumes responsibility for the content of third partiesβ statements or web sites. WPC does not endorse and makes no representations or warranties whatsoever regarding the accuracy or completeness of information or financial or other material made available on any third-party site.
WPC cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY WPC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WPC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM WPC OR ITS AFFILIATES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, WPC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
WPC DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCTβS LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.
The Site is controlled and operated by WPC from the United States and is not intended to subject WPC to the laws or jurisdiction of any state, country or territory other than that of the United States. WPC does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Siteβs availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
UNDER NO CIRCUMSTANCES SHALL WPC OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WPC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, WPC OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF WPCβS NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND WPC. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WPC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless WPC and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneysβ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.
Except as explicitly stated otherwise, any notices you send to WPC shall be sent by mail to WoodysPaper.com Customer Services, 4600 NE 11th Ave, Oakland Park, FL 33334. In the case of notices WPC sends to you, you consent to receive notices and other communications by WPC posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that WPC provides to you in accordance with the prior sentence satisfy any legal requirement that such notifications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to [email protected]. You may also contact us by writing to WoodysPaper.com Customer Services, 4600 NE 11th Ave, Oakland Park, FL 33334.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Arbitration
Except as the Terms & Conditions otherwise provided, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.
You and WPC agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms & Conditions (the βArbitration Agreementβ).
Notwithstanding the foregoing, in lieu of arbitration: (1) either you or WPC can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or WPC may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Except as the Terms & Conditions otherwise provide, you and WPC acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and WPC may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.
If any term in the immediately preceding paragraph is found to be unenforceable with respect to any claim or request for relief, then the parties agree that such claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated.
The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. Β§ 1 et seq. (βFAAβ), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Florida.
The arbitration will be conducted under the then current and applicable Consumer Arbitration Rules of the American Arbitration Association (βAAAβ). The AAA Consumer Arbitration Rules are available online at www.adr.org.
If you intend to seek arbitration you must first send a written notice (βNoticeβ), by first class or certified mail to Woodyspaper.com Customer Services, 4600 NE 11th Ave, Oakland Park, FL 33334. If WPC intends to seek arbitration, WPC will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.
A form to initiate arbitration proceedings is available on the AAA site at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to Woodyspaper.com Law Dept. 4600 NE 11th Ave, Oakland Park, FL 33334, and WPC will send such copy to the current billing address on your account or to your attorney, if you have retained one.
For claims of $75,000 (US Dollars) or less, you will pay the filing fee specified in the AAA Consumer Arbitration Rules. WPC will pay any additional required filing fees, and all administration and arbitrator fees (collectively, βArbitration Feesβ) unless the arbitrator determines that your claim is frivolous. For claims over $75,000 (US Dollars), payment of the AAA filing fee and Arbitration Fees will be governed by the AAA Consumer Arbitration Rules.
If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the partiesβ right to a hearing will be determined in accordance with the AAA Consumer Arbitration Rules.
The arbitratorβs award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneysβ fees and expenses, to the extent provided under applicable law. WPC also retains its right to seek attorneysβ fees and costs in arbitration where receivership of prevailing judgement has been discovered as a right of WPC or its affiliates.
Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the site and all matters arising out of or related to these Terms & Conditions, will be governed by the applicable laws of the United States of America and the laws of the State of Florida, without regard to Floridaβs choice of law principles. Unless you and WPC agree otherwise, in the event that it is determined or these Terms & Conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Florida, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Florida for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Florida located in Broward County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and WPC both waive your right to a jury trial, unless such waiver is unenforceable.
The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.
These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and WPC with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about WPC or your use of the Site, please contact us with a detailed description, and we will try to resolve it.