CLASSBUNDL, LLC TERMS & CONDITIONSEFFECTIVE DATE: JANUARY 1, 2018
All products purchased from or through ClassBundl are subject to the specific product manufacturer’s warranty. ClassBundl provides no separate warranty for any products purchased from ClassBundl. ANY PRODUCTS PURCHASED FROM OR THROUGH CLASSBUNDL ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER FROM CLASSBUNDL. TO THE FULL EXTENT PERMISSIBLE BY LAW, CLASSBUNDL EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU EXPRESSLY AGREE THAT YOUR USE OF CLASSBUNDL SERVICES IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY LAW, CLASSBUNDL WILL NOT BE LIABLE FOR DAMAGES OF ANY SORT ARISING FROM THE USE OF ANY ITS SERVICES, OR FROM ANY CONTENT, INFORMATION, MATERIALS, OR PRODUCTS MADE AVAILABLE TO YOU, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
You hereby agree to defend, indemnify, and hold ClassBundl harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including but not limited to attorneys’ fees), arising from or related to your use of the Site or any violation of these Terms and Conditions.
COPYRIGHT, TRADEMARKS AND SERVICEMARKS
The Site and all information, documentation, and other content (“Content”) posted in or on the Site are copyright 2017 ClassBundl. All rights reserved. Unless stated to the contrary, all Content is the property of ClassBundl or its third party licensors. By making this Content available on the Site, ClassBundl is not waiving any proprietary rights (including copyrights or trademarks) in such Content, and is not transferring its rights to you or any third party. The Content is protected by U.S. and international copyright laws. The product and service names and logos on the Site, and the appearance of the Site, including icons and graphics (“Marks”), are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of ClassBundl or its third party licensors. Unauthorized use is prohibited.
You agree not to remove copyright, trademark, or other notices from any Content or Marks you may get from the Site. You cannot download or copy any Content from the Site without the prior written consent of ClassBundl except for your individual use. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Site, or any related software.
If you believe that your copyrighted work or the copyrighted works of others have been infringed, please send a written notification of claimed infringement to ClassBundl’s copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Site; (iv) your telephone number, address, and e-mail address; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ClassBundl’s agent for notice of claims of copyright infringement on the Site is:
Legal Department 3015 S. Parker Road, Suite 400 Aurora, CO 80014 ATTN: Copyrights
Upon receipt by ClassBundl of notice of claimed copyright infringement containing the information specified above, we will promptly remove the allegedly infringing material from the Site. ClassBundl shall have no liability to any user of the Site for the removal of any such material.
ClassBundl reserves the right to, in its sole discretion, determine whether you have breached any provision of the Terms and Conditions herein or otherwise engaged in inappropriate conduct. ClassBundl reserves all remedies, including but not limited to: warning you of any violation, deleting any contented provided, terminating your account or limiting access to our Site, notifying and cooperating with law enforcement authorities, or taking any other action which we deem appropriate.
LAW GOVERNING THE SITE
These terms and conditions are governed by and interpreted pursuant to the laws of the State of Nebraska, notwithstanding any conflict of law principles. Venue shall rest exclusively in the courts of Lancaster County, situated in the State of Nebraska. If any portion of these terms is found unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining terms.
SPECIAL NOTICE FOR NEW JERSEY USERS
By using this website, you: (a) assume all risks of losses or damages resulting from your use of or inability to use this website; (b) irrevocably waive all losses or indirect, special, consequential, punitive or incidental damages (including, without limitation, those resulting from lost profits, lost data or business interruption) that may occur as a result of your use of this website; and (c) expressly agree to release and discharge ClassBundl, and its affiliates, employees, agents, representatives, successors, or assigns from any and all claims or causes of action resulting, directly or indirectly, from your use of this website; and (d) you voluntarily give up or waive any right that you may otherwise have to bring a legal action against ClassBundl for losses or damages, whether based on warranty, contract, tort or other legal theory, including any claim based on alleged negligence on the part of ClassBundl and its agents and employees. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability.
These terms and conditions and the Returns and Refund Policy, constitute the complete and exclusive statement of the mutual understandings of the parties and supersede and negate all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising any privilege, power, or right, by either party, will operate as a waiver.
RETURNS AND REFUND POLICY
ClassBundl does not take title for returned items until the item arrives at our facility. ClassBundl reserves the right, at its sole discretion, to issue a refund with or without requiring a return. In situations where a return is not required, ClassBundl does not take title to the refunded item.
ClassBundl Supplies. Returns of products purchased from or through ClassBundl are subject to the specific product return policy of ClassBundl’s vendors and partners. If you would like to return a product, or if you have any questions about returning a product, please email us at email@example.com.
ClassBundl Apparel. Since ClassBundl customizes all apparel items, only those items with a manufacturing defect or misprint will be accepted as a return for refund. If you would like to return a product, or if you have questions about returning a product, please email us at firstname.lastname@example.org.
ONLINE APPAREL STORES
When a school offers an online apparel store through ClassBundl, ClassBundl will decorate a minimum of 25 pieces per screen print or embroidery design offered in the store. Schools with a store that does not sell at least 25 pieces per design will be invoiced for the difference and those items will be shipped to the school. ClassBundl reserves the right to determine the sizes of these items that are printed and shipped to the school.
You agree that all artwork (including logos) submitted to ClassBundl accurately depicts the design features you want and that ClassBundl has the right to edit or alter your artwork to fit our printing or embroidery standards and requirements. If the artwork you submit does not meet ClassBundl’s printing or embroidery standards and requirements, edits to the artwork may be made by ClassBundl. ClassBundl may refuse to proceed with any order(s) using modified artwork, and shall not be liable in any manner as a result in delivery delays to customers. You represent and warrant that all artwork submitted to ClassBundl does not misappropriate or infringe on any third-party rights. ClassBundl reserves the right to deny the use of any artwork it believes, in its sole discretion, may violate the rights of third parties.
RIGHT TO OFFSET
ClassBundl shall have the right to reduce the amount of any obligation due to you in an amount equal to any obligation owed by you to ClassBundl. This right may be exercised by ClassBundl without prior notice to you.
ClassBundl School Donations. When you purchase goods through ClassBundl, we donate five-percent (5%) of your purchase amount to your participating ClassBundl school (“ClassBundl School Donation”). In order to calculate the ClassBundl School Donation, we subtract the following fees, then calculate the ClassBundl School Donation amount remitted to your school.
Credit Card Processing Fee: A three-percent (3%) credit card processing fee based upon the gross purchase amount (including applicable sales taxes) of any purchase through ClassBundl that utilizes a credit or debit card.
Shipping Fee: Any Shipping Fees charged to the customer. No Shipping Fee shall be charged to the customer if the customer’s order exceeds fifty dollars ($50.00). For illustration purposes only, the following is an example of how the ClassBundl School Donation would be calculated.
$100.00 order, 25 item purchase with credit card
-$3.00 (3% Credit Card Processing Fee)
-$0.00 (Shipping Fee)
$97.00 (x) 5% Donation Fee = $4.85; the $4.85 is remitted to your participating ClassBundl school as the ClassBundl School Donation.
ClassBundl Apparel Fundraiser: For apparel purchases, in addition to the ClassBundl School Donation of 5%, your school may include an additional fundraising amount on items (ClassBundl Apparel Fundraiser). To calculate the ClassBundl Apparel Fundraiser, we subtract the following fees from any additional fundraising amounts placed on apparel items.
- Credit Card Processing Fee: A three-percent (3%) credit card processing fee is deducted from the amount the school marked up the retail price of an apparel item.
$30.00 starting retail price for a shirt
School adds $5.00 as an additional fundraising amount to each shirt
Purchase price of $35.00 for 1 shirt with credit card purchase
$4.85 ($5.00 – 3% Credit Card Processing Fee) as the ClassBundl Apparel Fundraiser and $1.45* as the ClassBundl School Donation, for a total of $6.30, is remitted to your school.
See ClassBundl School Donation on how the 5% amount is calculated.
Customer Donation Fee: In connection with a purchase through ClassBundl, you may also donate money to your school. A (5.9%) Customer Donation Fee, plus an additional thirty cent ($.30) Processing Charge, shall be levied on any amount donated to your school and each shall be separate from, and in addition to, any ClassBundl School Donation Fees that may be applicable.
For illustration purposes only, the following is an example of how your Customer Donation Fee would be calculated by ClassBundl.
-$5.90 (5.9% Donation Fee)
-$.30 (Processing Charge)
$93.80 remitted to your school.
$6.20 remitted to ClassBundl.