Last Modified: 01/01/2020
Age Requirements for Use of this Site
Age Requirements for General Use
You must be at least the age of majority in your state of residence and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties herein in order to access this Site and purchase services and/or products from us. Individuals under the age of majority are not eligible to use this Site and may not submit any personal information to us. By using this Site, you hereby represent and warrant that you are at least the age of majority in your state of residence and that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
Restrictions on Use
Solely for Personal Use
You may browse this Site and all associated content, including, without limitation, any articles or recommendations that we may share, solely for your personal use and enjoyment. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as Condition to Site Access
To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current, and complete.
You agree not to use any device, software, or routine to interfere with the proper functioning of this Site. In using this Site (including, without limitation, any products and/or services made available to you on or through the Site) you may not:
- Transmit any unlawful, threatening, abusive, libelous, defamatory, discriminatory, obscene, vulgar, pornographic (including, but not limited to, child pornography), profane, obscene, lewd, lascivious, filthy, vile or indecent information of any kind, including images and language;
- Transmit any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;
- Transmit a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail;
- Transmit or solicit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder;
- Transmit any information, software, or other material that contains a virus or other harmful component;
- Use any software, tool, data, device, or other mechanism to navigate or search this Site, other than generally available browsers or a search engine provided by us;
- Frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
- Use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.
Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
- Accessing content or data not intended for you or logging onto a server that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- Interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
- Violating security features that prevent or restrict use or copying of any content or enforce limitations on use of the services or the content on the Site, including, without limitation, by use of any manual or automated software, devices, scripts bots, crawlers, spiders, data miners, scraping or other automatic access tools;
- Using this Site to send unsolicited e-mail, promotions, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or advertisements;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
- Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
By accessing our Site and/or using any of the products or services offered on our Site, you agree to, acknowledge, and represent as follows:
- You will comply with all applicable laws in using the Site, including any products and/or services made available to you on or through the Site, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law. You agree to comply with all laws and regulations regarding online conduct and acceptable content and regarding the transmission of technical data exported from the United States or the country from which you access the Site and the products and/or services provided on the Site.
- You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and be bound by the covenants provided herein.
Copyrights, Trademarks, and Other Proprietary Rights
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) or any User Generated Social Media Content (defined below) that you provide or transmit to us.
As between you and us, all content on this Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Any feedback or testimonials you provide to use relating to the Site, or the services provided on the Site, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.
Monitoring; Copyright Complaints
Digital Millennium Copyright Act
We may, in appropriate circumstances, terminate the access of users who infringe or otherwise violate the rights of others. While we reserve the right to terminate the access of users who infringe or otherwise violate the rights of others in our sole discretion, if you are a Repeat Offender (as defined below), your access to the Site will be suspended or terminated. “Repeat Offender” shall mean any user of the Site against whom we receive three (3) or more Infringement Notifications (as defined below).
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify us (each, an “Infringement Notification“) by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512):
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send the written communication to our copyright agent by e-mail and we will request written/printed materials in conjunction with the complaint.
You are, and shall remain, solely responsible for the content of any materials (including, without limitation, any image or content being reproduced as part of your order), including, without limitation, creative suggestions, submissions, artwork, logos, service marks, trademarks, images, text, ideas, notes, drawings, photographs, graphics, messages, concepts, or other information or communications (collectively, “User Content“) you send, upload, post or transmit to us via this Site, the Internet, e-mail, or otherwise. You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and display User Content in connection with fulfillment of your orders (e.g. reproduce and print on ordered materials and merchandise). Your represent and warrant that you are the owner of or have the right to license User Content and that your User Content does not infringe, misappropriate or violate the intellectual property or other proprietary rights of any third party.
We advise that you keep a copy of all User Content uploaded to Custom Branded Notebooks, as we will not be able to send back any of your files/content at any given time. Custom Branded Notebooks maintains no guarantee that User Content uploaded to use or through our system or provided by us as a background, template or clip art asset will be available in the future. After order fulfillment, your User Content and the proofs that Custom Branded Notebooks sent you may be removed/deleted at any time without notice.
We welcome our customers to share photos and videos of their Custom Branded Notebooks orders online, including on social media websites, social media applications, and social sharing websites. You may grant us permission to use, share and/or re-post your photos, videos, reviews or other content (collectively, “User Generated Social Media Content“) by tagging or mentioning Custom Branded Notebooks with such User Generated Social Media Content. By granting Custom Branded Notebooks permission, you: (A) represent and warrant that you are the owner or have the right to license User Generated Social Media Content and that the and that your User Generated Social Media Content does not infringe, misappropriate or violate the intellectual property or other proprietary rights of any third party; and (B) hereby grant Custom Branded Notebooks a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, edit, publish, share and/or re-post the User Generated Social Media Content in any and all forms including, but not limited to, any of the Joe Dolan Companies websites, mobile applications, social media accounts, blog, videos, email, and any and all print and web-based publications, without payment, royalties, or other consideration. While our general policy is to credit User Generated Social Media Content to their respective copyright holders, image/content credit is not guaranteed. Subject to existing laws, you waive any moral rights that you may have in any User Generated Social Media Content.
We may provide links and pointers to Internet sites or mobile applications maintained by others (“Third-Party Sites“) that are not affiliated with us and may be located in different countries and that may subject to different regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the content or services offered by them. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns, or questions regarding Third-Party Sites should be directed to the applicable third party.
While we may provide links and locations of participating retailers and vendors who sell products or services online, we cannot control the completion or validity of the transactions of such retailers and vendors or the content of their Third-Party Sites. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. However, we seek to protect the integrity of this Site and the links placed upon it. We therefore welcome any feedback on not only our own Site, but also Third-Party Sites and retailers we link to and/or identify on our Site (e.g., if a specific link does not work).
If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control any content information, made available on social media pages and are not responsible for any third-party use of any information, including, without limitation, personally identifiable information, that you have posted, transmitted, or otherwise made available there.
We will not be liable if, for any reason, all or part of this Site is ever unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, including, without limitation, the products and services made available on the Site, (or any part thereof) with or without notice. We undertake no obligation to update, amend, or clarify information on this Site, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on the Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to special offers, product and service availability, product promotion, pricing information, service and product descriptions, or product shipping charges and transit times. We reserve the right to, at any time without prior notice, correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate (including after you have submitted your order).
Our Terms of Sale govern all services and products offered through this Site.
You expressly acknowledge and agree that your use of the Site, and any products or services made available on the Site, is at your sole risk. This Site, including the products and services made available on and through the site, is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the site, including, the products and services made available on and through the site, will meet your requirements or will be uninterrupted, timely, unfailingly secure, or error-free, that the results that may be obtained from the use of this site or such products or services will be accurate or reliable, that the quality of any information or materials purchased or obtained by you through the site or such products or services will meet your expectations, and that any errors in the site or such products or services will be corrected. You further acknowledge and agree that any material downloaded or otherwise obtained through the use of the site or such products or services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. We make no warranties, representations, or guarantees as to, and assume no responsibility for, the correctness, sufficiency, completeness, or efficacy of the information contained on this Site or on any Third-Party Sites. We do not control or endorse any actions resulting from your participation in the site or such products or services, and, therefore, we specifically disclaim any liability with regard to any actions resulting from your participation. We also disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site or such products or services. We do not warrant that the site, information, content, materials, services, products (including any software) included on or otherwise made available to you through the site are free of viruses, contamination, destructive features or other harmful components. Your sole remedy against us for dissatisfaction with the site or such products or services provided or made available to you on the site is to stop using the site or such products or services, as applicable. The foregoing limitation of relief is an essential part of the bargain between you and us under these terms. Note that some jurisdictions do not allow limitations on the length of an implied warranty, so the above limitations or exclusions may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE, OR ANY PRODUCTS, SERVICES, SOFTWARE OR INFORMATION MADE AVAILABLE ON THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) THE IMPROPER AUTHORIZATION FOR THE PRODUCTS AND/OR SERVICES OFFERED ON THE SITE BY SOMEONE CLAIMING SUCH AUTHORITY; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO CUSTOM BRANDED NOTEBOOKS.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
We may send you responses or notices by e-mail, posting to this Site, or written communication sent by U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Arbitration and Venue
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. If not otherwise decided by the arbitrator, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver
U.S. Use Only
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. We may be contacted e-mail.