By accessing and/or using the website, completing the registration process, ordering a shipment, purchasing products, or using the services, you acknowledge, represent, and warrant that you have read, understand, and agree to be bound by these Terms and Conditions of Use, that you are of legal age to form a binding contract with SpartanCarton, and that you have the authority to enter into the Terms and Conditions of Use (on behalf of yourself or any entity that you represent). If you do not wish to be bound by these Terms and Conditions of Use, you may not access or use services or order or purchase any shipments.
THE TERMS AND CONDITIONS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
WEBSITE USE NOT FOR INDIVIDUALS UNDER THE AGE OF 18
DISCLAIMER – NO PROFESSIONAL ADVICE
RISK OF LOSS
Any merchandise purchased from SpartanCarton will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of SpartanCarton to partially or fully exercise any rights or the waiver of SpartanCarton of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by SpartanCarton or be deemed a waiver by SpartanCarton of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of SpartanCarton under these Terms and any other applicable agreement between you and SpartanCarton shall be cumulative, and the exercise of any such right or remedy shall not limit SpartanCarton’s right to exercise any other right or remedy.
The laws of the State of Georgia shall govern these Terms without regard to conflict of laws provisions.
Any dispute relating in any way to your access or use of the SpartanCarton website, to the products you purchase through the website (including all Monthly Subscriptions), or to you relationship to SpartanCarton shall be submitted to confidential arbitration in Georgia; provided, however, that to the extent you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Georgia.
You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to, venue and jurisdiction in the state and federal courts of Georgia. Arbitration under these Terms and Conditions will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this website or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
YOU AND SPARTANCARTON AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and SpartanCarton agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Should you have any questions regarding these Terms and Conditions of Use you may contact us at questions@SpartanCarton.com.