Terms of Use

These terms of use are entered into by and between you and Avery Products Corporation dba Threshold (“Threshold” “We” or “Company”). The following terms and conditions (“Terms of Use“) govern your access to and use of www.thresholdsecurity.com, including any content, functionality, and services offered on or through www.thresholdsecurity.com (the “Site“), whether as a guest or a registered user.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.thresholdsecurity.com/privacy_policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site. THRESHOLD cannot and does not guarantee the security of information you transmit through this website, and you transmit all such information at your own risk.

This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Site or the entire Site.

You are responsible for both:

Making all arrangements necessary for you to have access to the Site.
Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Restrictions on Use of Intellectual Property

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

No material from THRESHOLD or any website owned, operated, licensed or controlled by THRESHOLD may be copied, reproduced, republished, uploaded, transmitted, or distributed except as explicitly stated herein. You may download the materials, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of THRESHOLD’s copyright and other proprietary rights. In the event you download software from the web site or use any templates from the web site, the software, including any files, images incorporated in, and data accompanying the software (collectively, the “Software”) are provided to you under a limited revocable license by THRESHOLD. THRESHOLD does not transfer any other rights or title to the Software. THRESHOLD retains full and complete title and ownership, to the Software, and all intellectual property and other legal rights therein. You may not redistribute, sell, decompile, reverse engineer or disassemble the Software.

Any guidance provided on this website is not to be considered legal advice and should not be used as a substitute for legal advice. As every situation requires unique legal guidance you should consult an attorney to ensure you comply with all applicable laws, rules or regulations including, without limitation the GHS.

Guidelines for the Use of THRESHOLD Templates and Software

THRESHOLD TEMPLATES AND SOFTWARE ARE TO BE USED TO PRINT ON THRESHOLD BRANDED PRODUCTS ONLY. YOU MAY NOT MODIFY OR USE ANY PART OF THE SOFTWARE TO PRINT ON NON-THRESHOLD BRANDED PRODUCTS. IF YOU USE THE SOFTWARE OR ANY MODIFIED VERSION OF THE SOFTWARE WITH PRODUCTS THAT ARE NOT THRESHOLD-BRANDED, SUCH USE IS UNAUTHORIZED AND CONSTITUTES COPYRIGHT INFRINGEMENT. ALL RIGHTS GRANTED HEREIN IMMEDIATELY TERMINATE AND AUTOMATICALLY REVERT IN FULL TO THRESHOLD.

THRESHOLD Software contains numerous photo images and clip art (collectively referred to as the “Images”) which are either owned by THRESHOLD or licensed from a third-party. As a user of the web site you are free to use, modify and publish the Images as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended use complies with the Guidelines set out below, seek the advice of your own attorney or legal counsel. THRESHOLD will not provide you with an opinion as to whether your use complies with these Guidelines.

RESTRICTIONS ON USE:

YOU MAY NOT:

Upload or create, using or not using the Images, any content that is scandalous, obscene, defamatory, immoral, harmful, threatening, abusive, vulgar, harassing, pornographic, profane, hateful, objectionable, or invasive of another’s rights, including but not limited to rights of celebrity, privacy and intellectual property or any other purpose which is prohibited by law;
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof;
Use the Image(s) in electronic format, on-line or in multimedia applications unless the Image(s) are incorporated for viewing purposes only and no permission is given to download and/or save the Image(s) for any reason;
Rent, lease, sublicense or lend the Image(s), or a copy thereof, to another person or legal entity. You may, however, transfer all your license to use the Image(s) to another person or legal entity, provided that (i) you transfer the Image(s) and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that you retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of these Terms of Use;
Use any Image(s) except as expressly permitted by these Terms of Use.
Upload or create any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You can’t use images that you do not have permission to use. You cannot create a “new” image using elements from images other people have created. By uploading any content, you represent and warrant that you have the lawful right to reproduce and distribute such content.
Upload or create any content that would constitute or encourage a criminal offense, be likely to deceive any person, illegal activity, violate the rights of any party (including rights of publicity and privacy), or that would violate any laws.

Additionally, You agree not to use the Site:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards, or user agreements set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material , including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.

Permitted Use

You may use the Site only for lawful purposes and in accordance with these Terms of Use. YOU MAY subject to the restriction set out above, Incorporate any Image(s) into your own original work and publish, display and distribute your work in any media. You may not, however, resell, sublicense or otherwise make available the Image(s) for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others. Similarly, clients may be provided with copies of the Image(s) (including digital files) as an integral part of a work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately or as part of any other product;

Make one (1) copy of the Image(s) for backup or archival purposes.

User Contributions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, google review, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the content standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site [ay include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links from the Website

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Jurisdiction

This site is controlled and operated by THRESHOLD from its offices within the State of Connecticut in United States of America. THRESHOLD makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country.

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its choice of law provisions. If any provision of the Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use, together with the other THRESHOLD policies referenced herein, constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by THRESHOLD.

Trademark Notice

THRESHOLD and all other THRESHOLD brands, product names, and codes and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

Termination

The Terms of Use is effective until terminated by either party. You may terminate the Terms of Use at any time by destroying all materials obtained from any THRESHOLD web site(s) and all related documentation and all copies and installations thereof, whether made under the Terms of Use or otherwise. The Terms of Use will terminate immediately without notice from THRESHOLD if in THRESHOLD’s sole discretion you fail to comply with any provision of the Terms of Use. Upon termination, you must destroy all materials obtained from this web site and any other THRESHOLD site(s) and all copies thereof, whether made under the provisions of the Terms of Use or otherwise.

Warranty & Disclaimer

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE MATERIALS, INFORMATION, SOFTWARE AND TECHNOLOGY IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THRESHOLD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THRESHOLD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THRESHOLD OR ITS AFFILATES, SERVICE PROVIDERS, OR EMPLOYEES, BE LIABLE FOR ANY BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, AND REGARDLESS OF THE FORM OF ACTION, BE IT BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF THRESHOLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THRESHOLD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE ORDER AMOUNT OR THE AMOUNT, IF ANY, FOR ACCESSING THIS SITE, PAID BY YOU TO THRESHOLD.

Product Warranty

THRESHOLD provides a satisfaction guarantee for orders and use of THRESHOLD’s Site, software and templates with genuine THRESHOLD products and materials. THRESHOLD is not responsible for circumstances beyond its control, including spelling, punctuation or other grammatical errors by the user, low-resolution or inferior quality of images uploaded by the user, design errors not made by THRESHOLD, such as choice of finish, quantity or product type, or damage to products during shipping. All designs must be carefully reviewed by the user and any mistakes corrected prior to placing an order. ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

Indemnification

You agree to indemnify, defend and hold harmless THRESHOLD, and THRESHOLD’s licensors, affiliates and subsidiaries and their directors, officers, and employees, against all claims, investigations, infringements, actions, liabilities, losses, awards, judgments, damages, costs and expenses, including reasonable legal and other professional fees and expenses, arising out of or related to your breach of these Terms of Use or any text, photograph, image, graphic, content or other material you incorporated into products not part of the standard web site content.

Pricing & Promotions

Items in your Shopping Cart reflect the current price. Please note: This price may differ from the price displayed when the item was first placed in your Shopping Cart. THRESHOLD reserves the right to limit quantities and to refuse to sell to any person whom THRESHOLD believes may be purchasing for resale.

THRESHOLD works hard to ensure the accuracy of our pricing. Despite our efforts, pricing errors may still occur. If an item’s price is higher than the price displayed, THRESHOLD will cancel your order of that item and notify you of the cancellation.

Offer Details: Only one promotion code can be used per order. Savings will be reflected in your shopping cart. Discounts cannot be applied to shipping and processing, taxes, subscription or design services, or previous purchases. Additional charges may apply for shipping and processing, and taxes, unless otherwise specified.

Additional Terms

As part of the THRESHOLD services, THRESHOLD is not responsible for any of the following: grammatical errors made by you, spelling, punctuation, low-resolution or inferior quality of uploaded images, your design errors in the creation process, errors in user-selected options, the type or quantity of labels ordered, and damage to the products arising after delivery to you. Please preview your design proofs carefully and correct any mistakes before placing your order. Please note that THRESHOLD does not proof labels created by its customers prior to processing.

User Submissions (such as Reviews)

This site may permit submission of user-generated text, artwork, photographs, product ideas, video, audio, content and images (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including the general public, and, whether or not such User Submissions are published, THRESHOLD does not guarantee any confidentiality with respect to any User Submissions. THRESHOLD is not responsible to keep any User Submissions confidential. You are solely responsible for your own User Submissions and the consequences of publishing them on this site. Note that this pertains to submissions that you share with THRESHOLD, such as Reviews.

By submitting User Submissions, you hereby grant to THRESHOLD a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology now known or hereafter developed throughout the world, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes, without compensation to or further authorization by you. Under the license granted herein, THRESHOLD shall be free to use any ideas or concepts contained in the User Submissions without further attribution, compensation or notice to you. THRESHOLD does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein. THRESHOLD reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with its Terms of Use and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions, including, without limitation in complying with the Digital Millennium Copyright Act. THRESHOLD reserves the right to remove or to refuse to post any User Submission for any reason.

In connection with User Submissions, you represent, and warrant to THRESHOLD that: (i) the content of your User Submission(s) is original to you; (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to THRESHOLD as set forth in the license granted above; (iii) use of your User Submission(s) on this or otherwise by THRESHOLD, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (iv) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow THRESHOLD to utilize the User Submission(s) without compensation or objection; (v) all “moral rights” that you may have in such User Submission have been voluntarily waived by you; (vi) you are at least 18 years old; (vii) use of the User Submission will not cause injury to any person or entity; (viii) the User Submission is not or may not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; and (ix) the User Submission does not contain any computer viruses, worms or other potentially damaging computer programs or files.

We reserve the right to remove any User Submission that we believe violate these Terms of Use or is otherwise objectionable without providing any kind of notification and without recourse. THRESHOLD reserves the right to change, condense or delete any User Submission that THRESHOLD deems, in its sole discretion, to violate these Terms of Use. THRESHOLD does not guarantee that you will have any recourse through THRESHOLD to edit or delete User Submissions that you have submitted. THRESHOLD reserves the right to remove or to refuse to post any User Submission for any reason. You acknowledge that you, not THRESHOLD, are responsible for the contents of the User Submission you provide.

IMPORTANT: BY USING THIS SITE AND THEREBY ACCEPTING THESE TERMS OF USE, YOU ARE AGREEING TO THE BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER CONTAINED IN THESE TERMS OF USE BELOW. THIS PROVISION AFFECTS YOUR LEGAL RIGHTS AND REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATION OR SMALL CLAIMS COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND LESS APPELLATE REVIEW THAN IN COURT.

Mandatory Binding Arbitration and Class Action Waiver

Any Dispute involving you and us that cannot be resolved informally or through small claims court shall be resolved through arbitration on an individual basis only. You and we are each waiving the right to sue in court, to have a trial by jury, or TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

This Arbitration Provision shall be broadly interpreted. “Dispute” means any claim or controversy related to us or our relationship. As used in this Arbitration Provision, “us,” “we,” and/or “our” means THRESHOLD and any of its predecessors, successors, assigns, parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, and agents.

This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”). The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll free number (1-800-778-7879). If the AAA will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. Unless you and we agree otherwise, any arbitration hearing will take place at a location within the United States that is convenient to you. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules.

THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS, OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS OF THE SITE, OR OTHER PERSONS. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. IN THE EVENT THAT THE CLASS ACTION WAIVER OR THE PUBLIC INJUNCTIVE RELIEF WAIVER IS DEEMED UNENFORCEABLE, THEN ANY PUTATIVE CLASS PROCEEDING OR CLAIMS INVOLVING PUBLIC INJUNCTIVE RELIEF MAY PROCEED ONLY IN A COURT OF COMPETENT JURISDICTION AND NOT IN ARBITRATION.

This Arbitration Provision shall survive the termination of your use of the site.

Notice and Take Down Procedures

If you believe any User Submission on this site infringe your copyright or trademark rights, you may request such User Submission be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the Office of the General Counsel at Avery (address below) and provide the following information:

A clear statement identifying the works, or other materials believed to be infringed.

A statement from the intellectual property owner (“Owner”) or authorized representative that the User Submission are believed to be infringing and not authorized by the Owner.

Sufficient information about the location of the allegedly infringing User Submission so that THRESHOLD can find and verify its existence.

Your name, telephone number and e-mail address.

A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf.

A signature or the electronic equivalent from the Owner or authorized representative.

THRESHOLD’s agent for notice of copyright of trademark issues on this site can be reached as follows:

Avery Products Corporation
17890 Foltz Parkway
Strongsville, OH 44149
Attn: Office of the General Counsel