Terms and Conditions

TERMS AND CONDITIONS OF USE

Carson-Dellosa Website as of August 2017

Carson-Dellosa Publishing Group, LLC and its affiliates ("we", "us", or "Carson-Dellosa") makes this website, and the services and goods offered through this website, available to you on the following terms and conditions. If you view this website, order goods or services through this website, or access the features of this website, you accept these conditions. Furthermore, goods and services purchased or accessed through this website may be subject to additional or differing terms, conditions, and agreements which will be presented for you to review and accept or decline at the time you purchase or access the goods and services.

PRIVACY

The Carson-Dellosa Privacy Policy applies to your interactions with this site. You should review the Privacy Policy by following the link at the bottom of the home page at www.carsondellosa.com.

Carson-Dellosa or its content suppliers own all of the content displayed on, incorporated in, or offered through this site. The compilation of content on this site is the exclusive property of Carson-Dellosa and is protected by US and international copyright laws. Trademarks, service marks, graphics, logos, page elements, icons, scripts, service names used on this site are trademarks or service marks (collectively, "marks") or trade dress of Carson-Dellosa in the US and in other countries. We reserve the exclusive right to use these marks and trade dress, and you may not use them on any other site or in any manner that is likely to cause confusion among consumers or in a way that is disparaging or demeaning to Carson-Dellosa. Marks appearing on products offered through this site by parties other than Carson-Dellosa are the property of their owners, who may or may not be affiliated with us.

LICENSE AND SITE ACCESS

We grant you a personal, non-exclusive, non-transferable, limited, and revocable license to view the website subject to these terms and conditions of use. You may access or use the website on such software, personal computers, and/or devices as authorized by us. You are not permitted to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit this site or any portion thereof for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our marks, logos, or other proprietary information (including images, text, page layout, or form) without express our written consent. You may not use any meta tags or any other "hidden text" utilizing our name or marks without our express written consent. Any unauthorized use terminates your permission or license to use this site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.carsondellosa.com so long as the link does not portray Carson-Dellosa, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Carson-Dellosa logo or other proprietary graphic or mark as part of the link without express written permission.

CHANGES TO TERMS AND ACCESS

We reserve the right to amend, modify, revise, and restate, at any time and from time to time, the terms and conditions, without notice. Your use of this website binds you to any amended, modified, revised, or restated terms and conditions. We recommend that you periodically review the terms and conditions, as they are subject to change. We reserve the right, without having to give prior notice, to change, discontinue, restrict or prevent access to, this website or to any portion or feature thereof. Your access and use may be periodically interrupted for any reasons or actions that we may elect to take in our absolute and sole discretion, or due to events beyond our control.

ACCESSIBILITY

Carson-Dellosa is committed to ensuring that our website is accessible and inclusive to all users. It is our intention that this website follows Accessibility Guidelines. If you experience any difficulty using our website please contact customer service at 800-321-0943 or email us at webhelp@carsondellosa.com.

Many documents on our website are in PDF format which means they can be viewed using Adobe Reader. This software is available free of charge from the Adobe Website. All PDF documents on this site will open in a new web browser window. After viewing or printing the document, you can close the new web browser window by using the close button at the top right hand corner.

Adobe also offers other useful resources and tools to aid the accessibility of PDFs. These can be accessed via the Access Adobe website, and include a text-only Adobe Reader download page and an online conversion tool for PDFs.

DIGITAL DOWNLOADS

In order to purchase and download digital content, you must download and install one or more of our proprietary applications (the "Apps"). The Apps and all digitally downloaded products are subject to separate registration and authentication processes, and are governed by additional terms of use, to which you must agree before completing installation of the Apps or the downloaded products. If you purchase merchandise cards for the digital download of Carson-Dellosa products, the merchandise cards will include a "Redemption Key" or other unique identifier. The Redemption Key must be used during the registration process, or through the download procedures contained in the Apps, to download, authenticate, and activate the purchased products. In the event that you do not agree to such terms of use, you will not be able to activate the purchased products, and you will need to return the merchandise cards to the retailer for a refund or apply for a refund through the procedures outlined at www.carsondellosa.com.

YOUR ACCOUNT

In order to purchase goods and services from this site, you must complete the registration process. When you complete our registration process, you create an account with us ("Account"). Your Account may also include billing information you provide to us for the purchase of goods and services. You are solely responsible for all activity on your Account, the Apps, and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account or access the Apps. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on this website and the Apps that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account.

PAYMENT

Carson-Dellosa offers some goods and services for free, but most require payment. All prices are stated in U.S. dollars unless otherwise specified.

Payment by Credit Card.

When you provide credit card information to us, you represent to us that you are the authorized user of the credit card and that you authorize us to charge your credit card for the price of any goods and services you order through this website. You agree to notify us promptly of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to notify us promptly if your credit card expires or is canceled for any reason.

Charges to Your Credit Card.

ALL CARSON-DELLOSA FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. We reserve the right to change our fees or billing methods at any time and we will provide notice of any such change at least thirty (30) days in advance. All changes will be posted as amendments to these terms of use, and you are responsible for reviewing the terms of use periodically to obtain timely notice of such changes. Your non-cancellation of your Account or any affected Apps or other content thirty (30) days after posting of the changes on this website means that you accept such changes. If any change is unacceptable to you, you may cancel your Account at any time as described below, but we will not refund any fees that may have accrued to your Account before cancellation of your Account, and we will not prorate fees for any cancellation. If your use of this website or any App is subject to any type of use or sales tax, then we may also charge you for any such taxes, in addition to the other applicable fees.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. Information on how to cancel your Account can be found at www.carsondellosa.com. We reserve the right to collect fees, surcharges or costs incurred before you cancel your Account. In the event that your Account is terminated or canceled, no refund will be granted. Any delinquent or unpaid Accounts must be settled before we will allow you to register again.

Other Costs.

You are always responsible for any Internet service provider, telephone, data service, and other connection fees that you may incur when using this site or any Apps.

Third Party Sites.

We may provide links to other third party sites or to third-party vendors, who provide content, goods and/or services on this site or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We make no representations or warranties, either express or implied, regarding any such third party site or any goods and services offered through such third party vendors.

Pricing and Payment for Merchandise.

In addition to the above, the following terms apply to pricing of and payment for goods and services. The prices for all goods and services are subject to change at any time without notice. Charges for shipping, handling and tax may not be included in displayed prices for goods and services but will be displayed during the purchase process, although such displayed prices may not include all taxes, duties, and other fees that you may be obligated to pay to applicable government authorities. Shipping and handling charges displayed on this site may or may not reflect the actual charges paid by Carson-Dellosa. You may be obligated under applicable local law to pay additional import duties and fees.

You must pay all applicable sales and use taxes, value added taxes and other taxes levied on you by any taxing authority on any goods and services purchased in any state or country where such transactions are otherwise subject to tax, regardless of the method of delivery. Any taxes owed by you (i) as a result of purchasing goods and services or the payment of any fee, (ii) that are required or permitted to be collected from you by Carson-Dellosa under applicable law, and (iii) that are based upon the amounts payable in connection with any transaction governed by these terms and conditions, must be remitted by you to Carson-Dellosa. Failure on our part to invoice you for any such taxes does not relieve you of the liability to pay such taxes. You will promptly reimburse us for all taxes or other charges imposed upon us by any national, state or municipal government upon the sale, use, production, or transportation of goods and services you purchase from us.

Other Terms of Purchase.

The purchase of all merchandise is subject to the general terms and policies of Carson-Dellosa and/or third parties manufacturing or providing such merchandise regarding returns, refunds, limited warranties, and other matters. These terms and policies may be found in the packaging of the merchandise or may be posted at www.carsondellosa.com. These terms and policies are subject to change without notice.

EXPORT REGULATIONS; GOVERNMENT END USERS

You agree to comply with all export and re-export restrictions and regulations and to not transfer, or encourage, assist, or authorize the transfer of the Apps or any digitally downloaded products to a prohibited country, or otherwise in violation of any applicable restrictions or regulations. If you are a U.S. Government end user, we are licensing the Apps and any digitally downloaded products to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Apps and any digitally downloaded products are the same as the rights we grant to all others under these terms of use or any other applicable agreements governing Apps and any digitally downloaded products.

INFORMATION PROVIDED

This website may provide us with information relating to your use and performance of the website, as well as information regarding the devices on which you access the website and information associated with your Account. For example, this information may include the device type, mobile network connectivity, location of the device, information about when the website is accessed, individual session lengths for use of the website, personally identifiable information relating to your Account, or occurrences of technical errors. This website may use "cookies" or other tracking and information management technologies to improve the performance of the website the quality of the user experience. Any information we receive regarding you or your use of this website is subject to the carsondellosa.com privacy notice located at www.carsondellosa.com, as supplemented or amended from time to time.

SEVERABILITY OF TERMS; RESERVATION OF RIGHTS

If any provision of these terms of use (including any amendment) is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions. We retain all rights in and to this website and its contents. Our failure to insist upon or enforce your strict compliance with these terms of use will not constitute a waiver of any of our rights.

GENERAL PROVISIONS

These terms of use, together with those items referenced herein (such as the privacy policy, end user license agreements for digital downloads, and so forth) constitute the entire agreement between you and us, and governs your use of the website, superseding any prior agreements between you and us, whether written or oral, relating to the subject matter. These terms of use will be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to the conflict of laws provisions of North Carolina or your actual state or country of residence. Any claim or controversy in any way arising out of or relating to these terms of use must be filed exclusively in a court of competent jurisdiction sitting in Guilford County, North Carolina, and you consent to exclusive jurisdiction in the courts located in that county. The titles used in these terms of use are for convenience only and are not to be considered in construing or interpreting these terms of use. If any provision of these terms of use is ruled invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and other provisions of these terms of use remain in full force and effect. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to these terms of use.

CONTACT INFORMATION; COPYRIGHT NOTICES

For communications concerning these terms of use, or if you believe that your work has been copied in a way that constitutes copyright infringement, please write to:

Carson-Dellosa Publishing
657-A Brigham Rd
Greensboro, North Carolina 27409
USA
webhelp@carsondellosa.com
336-632-0084