Terms and Conditions

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Transparent Triangle

Terms and Conditions of Use

Foldcraft Company and its associated brands, Plymold, JH Carr, and WB Powell, provides as a service; www.foldcraft.com, www.plymold.com, www.plymoldessentials.com, www.jhcarr.com, and www.wbpowell.com, to its suppliers, dealers, retailers, representatives and customers. Please take a few moments to review the provided Terms and Conditions of Use and Privacy Policies.

 

Acceptance of Terms

 

The Foldcraft Company reserves the right to update and /or modify these Terms and Conditions at any time without prior notice. Your use of our website following any such change constitutes your unconditional agreement to be bound by the terms as changed. It is important to note that not all products are available in all markets and that all product-related information is subject to change without notice.

 

There may be some features of our Site that will require you to sign up to use. If you sign up, we may use the information you supply for the purpose of providing the products, product information or services you requested.

 

Foldcraft Co., has the exclusive right to control accessibility, hours of use, features on the site, and any other information found on the site. Foldcraft Co. can restrict access to any or all portions of the site, remove information or content from the site at any time. Foldcraft Co. reserves the right to terminate this site at any time.

 

Foldcraft Co. makes every effort to ensure that any information and visual representation of products on the website is accurately portrayed. Foldcraft Co. is not responsible for the accurate representation of any data, digital images, colors, patterns or any graphic design, especially those which depend upon the equipment or equipment setting the user may choose to utilize, such as computer monitors, CPUs, screen settings, operating system software, printers etc., to access the materials represented on this site. The user must validate all information represented on this website which the user deems critical to their specifications or use of the product, through the sales teams in a written quote or order acknowledgement.

 

Authorized Uses

 

Authorized Foldcraft Co. suppliers, dealers, representatives and retailers, and design professionals, may use the Foldcraft websites for the sole purpose of supporting sales of Foldcraft Co. products. Most of the content (as that term is defined below) of the Foldcraft Co. websites may be downloaded for reproduction for use in selling Foldcraft Co. products to end-user customers provided that the information and copyright and trademark notices are not deleted or changed. Authorized Foldcraft Co. suppliers, dealers, representatives and retailers, and design professionals in need of photography or other content that is not able to be downloaded, may contact Foldcraft Co. Marketing Department as provided below. Other persons may reproduce the Website content solely for their personal, non-commercial, educational, and informational use, and only if information and copyright and trademark notices are not deleted or changed and proper attribution is given to Foldcraft Co. News or media requests should be directed to Foldcraft Co. Marketing Department at communications@foldcraft.com.

 

User Obligations

 

You promise that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Foldcraft Co. websites. If you use or access the Foldcraft Co. websites outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms and Conditions. You promise, at all times, to provide true, accurate, current, authorized, and complete information when submitting information or materials on the Foldcraft Co. websites. You promise that you will not impersonate any other person or entity, whether actual or fictitious, when using the Foldcraft Co. websites, or defame or otherwise harm, or attempt to harm, any person through your use of the Foldcraft Co. websites.

 

Copyrights and Trademarks

 

The content of the Foldcraft Co. websites includes Foldcraft Co.’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively: “Foldcraft Co. Marks”); information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork; and the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, and arrangement of any content contained in or available through the Foldcraft Co. websites. All of these items identified shall be collectively referred to in these Terms and Conditions as the “content” of the Foldcraft Co. websites. Such content is the property of Foldcraft Co. or owned by its third party suppliers and is protected by copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The direct or indirect reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any such content is prohibited unless express written consent is separately obtained from Foldcraft Co. or other owner of such content. You should assume that everything you read or see on the site is copyrighted or otherwise protected and owned by Foldcraft Co., or a third party who licensed the right to use such content to Foldcraft Co. The use of the Foldcraft Co. Marks without Foldcraft Co.’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Foldcraft Co. website content.

 

Restrictions

 

Unless otherwise expressly stated in these Terms and Conditions or you receive Foldcraft Co.’s prior written consent, you shall not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any electronic or mechanical information retrieval system, the Foldcraft Co. websites or any of their content. You shall not use the Foldcraft Co. websites for any unauthorized or illegal purpose or activity, interfere with the proper working of the Foldcraft Co. websites, or interfere with any other person’s use and enjoyment of the Foldcraft Co. websites.

 

Warranty Disclaimer

 

THE FOLDCRAFT CO. WEBSITES AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOLDCRAFT CO., AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DEALERS, REPRESENTATIVES OR RETAILERS (THE “FOLDCRAFT CO. PARTIES”) DO NOT PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT:

 

  1. THE FOLDCRAFT CO. WEBSITES OR THEIR CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING;
  2. ACCESS TO THE FOLDCRAFT CO. WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
  3. THE QUALITY OF ANY PRODUCTS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FOLDCRAFT CO. WEBSITES WILL MEET YOUR EXPECTATIONS; OR FOLDCRAFT CO. WEBSITE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE FOLDCRAFT CO. WEBSITES.

ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY.

 

Limitation of Liability

 

THE FOLDCRAFT CO. PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM OR DIRECT OR INDIRECT LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING:

 

  1. OUT OF THE USE OF OR INABILITY TO USE THE FOLDCRAFT CO. WEBSITES AND/OR THEIR CONTENT;
  2. FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE FOLDCRAFT CO. WEBSITES AND/OR THEIR CONTENT;
  3. FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE;
  4. OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE FOLDCRAFT CO. WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE FOLDCRAFT CO. WEBSITES;
  5. FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  6. FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE FOLDCRAFT CO. WEBSITES;
  7. FROM ANY DELAY OR FAILURE OF THE FOLDCRAFT CO. WEBSITES ARISING OUT OF CAUSES BEYOND FOLDCRAFT CO.’S CONTROL;
  8. OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, FOLDCRAFT CO. WEBSITE CONTENT;
  9. OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE FOLDCRAFT CO. WEBSITES;
  10. OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES;
  11. OR OUT OF ANY OTHER MATTER RELATING TO THE FOLDCRAFT CO. WEBSITES OR THEIR CONTEN

 

Limitation of Remedies

 

In the event you are dissatisfied with, or dispute, these terms and conditions, the Foldcraft Co. websites and/or their content, your sole right and exclusive remedy is to terminate your use of the Foldcraft Co. websites, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Foldcraft Co. has no other obligation, liability or responsibility to you or any other party.

 

Links

 

Links included at Foldcraft Co. websites are provided for the use and convenience of the visitor. Foldcraft Co. does not control the content of, or the services offered by, the owners of any website linked to the Foldcraft Co. websites. Foldcraft Co. does not endorse, or make any representations or warranties regarding the product and services of the owners of any such websites. Any concerns regarding the content of, or the products or services offered by, any linked website should be directed to the owner of such website.

 

Foldcraft Co. does not generally object to links to their various websites from third-party sites. You may not use any Foldcraft Co. or related brands, names, logos, designs, trademarks, or service marks in or with your links unless Foldcraft Co. has provided written permission to do so.

 

Claims of Infringement

 

Foldcraft Co. respects the intellectual property of others and we ask our users to do the same.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at communications@foldcraft.com and provide us with the following information:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Foldcraft Co. Website;
  • The name, address, telephone number, and email address of the person authorized act on behalf of the owner of the copyright or other intellectual property interest;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

Product Information

 

Most products displayed on Foldcraft Co. websites are offered as available only while supplies last. While we strive to keep our website current, Foldcraft Co. cannot guarantee that every product displayed on the website is available at the time it is displayed. In some cases, products may not be available in all markets or products may not exactly replicate the product shown on the website.

 

Inaccuracy Disclaimer

 

From time to time there may be information on our website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. Foldcraft Co. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice including after you have submitted an order with us.

 

Indemnification

 

To the fullest extent permitted by law, you shall defend, indemnify, and hold Foldcraft Co. harmless from and against all claims arising from or in any way related to your use of the Foldcraft Co. websites, a violation by you of these Terms of Use, or any other actions connected with your use of the Foldcraft Co. websites, including any liability or expense, losses, actual and consequential damages, suits, judgments, litigation costs and attorney’s fees. Foldcraft Co. will provide prompt written notice of any such claims, but Foldcraft Co.’s failure to provide such notice will not release you from any of your obligations pursuant to this paragraph except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Foldcraft Co. other than under this paragraph.

 

Disputes

 

Arbitration. Any controversy or claim you have arising out of or relating to these Terms and Conditions (“Claim”) shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. The arbitration shall be held in Minneapolis, Minnesota and shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding and all submissions to the arbitrator, the proceedings and the award shall be confidential. Foldcraft Co. reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms and Conditions.

 

No Class Action. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. Neither you nor Foldcraft Co. consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.

 

Jurisdiction. The courts of the State of Minnesota and/or the United States District Court for the District of Minnesota shall have exclusive jurisdiction and venue over any action concerning the enforcement of an arbitration award, or, if arbitration is not permitted by law, over the litigation of your Claim. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States.

 

District Court for the District of Minnesota or a State court located in Hennepin County, Minnesota. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and that you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.

 

Jury Trial Waiver. YOU AND FOLDCRAFT CO. EACH IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS.

 

Period of Limitations

 

Regardless of any statute or law to the contrary, the arbitration of any Claim arising out of or related to your use of the Foldcraft Co. websites must be filed by you within one (1) year after such Claim arose or be forever barred.

 

Governing Law

 

These Terms and Conditions and all matters regarding your use of the Foldcraft Co. websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Minnesota, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

 

Miscellaneous Terms

 

The failure of to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect. These Terms and Conditions, together with any revisions constitutes the entire agreement between you and Foldcraft Co. relating to the Foldcraft Co. websites and its use by you, and supersedes any previous written or oral communication regarding use of the Foldcraft Co. websites.

 

Contact Information

 

Inquiries regarding this Website or Foldcraft Co. products can be directed to:

 

Sales/Customer Service Marketing Department

Foldcraft Co.

14400 Southcross Drive West

Burnsville, MN 55306

E-mail: customersupport@Foldcraft.com

E-mail: communications@Foldcraft.com

Telephone: 888.474.1112

Telephone: 800.759.6653

 

To the fullest extent permitted by law, you shall defend, indemnify, and hold Foldcraft Co. harmless from and against all claims arising from or in any way related to your use of the Foldcraft Co. websites, a violation by you of these Terms of Use, or any other actions connected with your use of the Foldcraft Co. websites, including any liability or expense, losses, actual and consequential damages, suits, judgments, litigation costs and attorney’s fees. Foldcraft Co. will provide prompt written notice of any such claims, but Foldcraft Co.’s failure to provide such notice will not release you from any of your obligations pursuant to this paragraph except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Foldcraft Co. other than under this paragraph.