Terms and Conditions

  1. Acceptance of Terms This website is a service of Clearly Noted. By using this website you are agreeing to be legally bound by the following Terms and Conditions (“Terms”). By accessing this site on the Internet or World Wide Web and/or clicking the “Yes” button at the bottom of this page and/or using this site, you are agreeing to comply with and be bound by the Terms. When using any other Clearly Noted services you are subject to any posted guidelines or rules that may apply to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms.
  2. Description of Service Clearly Noted sells paper products and gifts including folded greeting cards, postcards, invitations, announcements, and other gifts and services through its web site. These services are generally described as the purchasing of these paper products and/or gifts through Clearly Noted or any of its affiliated web sites. Unless specifically stated otherwise, any new features that enhance or modify the current service shall also be subject to these Terms
  3. Restrictions of use of site
    1. Proprietary Rights This web site contains information, text, photographic images, designs, graphics and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Sandra Rose Designs, Clearly Noted, Jill Yesko, Discover Organizing, or other third parties. You agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. The Clearly Noted logo and product service names are also likewise protected. You agree not to use, display or “mirror” any of the content on this site in any manner without first obtaining permission from the owner of the intellectual property.
    2. Online Conduct By using this site you agree to be subject to all applicable local, state, federal and international law. You agree not to use this site or any of the contents contained herein for any illegal purpose nor to transmit to or through this site any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or other objectionable material, or to interfere with, abuse, or otherwise violate the legal rights of any third party using the site (including by using any merchandise or the services offered on or in connection with the site). You specifically agree not to:
      1. Upload, post, email, or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy, or racially, ethnically, or otherwise objectionable at Clearly Noted sole discretion; Furthermore, is is against Clearly Noted policy to produce material that contains nudity, sexually explicit material, violence, drug use, hate, or profanity.
      2. Harm minors in any way;
      3. Impersonate any person, entity, corporation, or government, or falsely state your association with said person or entity;
      4. Disguise the origin of any content transmitted through the service;
      5. Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or any contractual or fiduciary relationships;
      6. Upload, post, email, or otherwise transmit any content that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
      7. Upload, post, email, or otherwise transmit any material that contains software or other electronic viruses of any kind, or any computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecom equipment;
      8. Act in any way that would negatively affect other users’ ability to engage in real time exchanges;
      9. Interfere with or disrupt the service, servers, or networks connected to the service;

     

  4. Use of Content Clearly Noted grants permission to access and view the site and to electronically copy and print in hard copy, portions of the site for the sole purpose of submitting an order. Any other use of the site or the content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, re-publication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the site or the content. If you violate any of the above, you could be subject to criminal prosecution as well as personal liability for damages in a civil suit and Clearly Noted will protect its interests to the fullest extent of the law.
  5. DISCLAIMER THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CLEARLY NOTED IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, CLEARLY NOTED EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH OR ACCESSIBLE VIA THE SITE. WITHOUT LIMITING THE FOREGOING, CLEARLY NOTED SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CLEARLY NOTED NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT ADVANCED NOTICE.
  6. LIMITATION OF LIABILITY YOUR USE OF THE SITE AND ITS CONTENTS IS AT YOUR OWN RISK. NEITHER CLEARLY NOTED NOR ANY OF ITS AFFILIATES OR OTHER PARTIES INVOLVED IN CREATING AND DELIVERING THE SITE, OR THE SERVICE OR ANY PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, WILL BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF THIRD PARTIES ARISING FROM USE OF THE SITE REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF RELIANCE BY THE USER ON INFORMATION OBTAINED FROM CLEARLY NOTED OR THE SITE OR FOR DAMAGES WHICH RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY IN OPERATION, INTERRUPTION IN SERVICE, OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO CLEARLY NOTED RECORDS OR THE SITE. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to you; in such states, liability is limited to the fullest extent permitted by law.
  7. Email Options Please send me information about upcoming specials and discounts. If you wish to opt out of these mailings click 

    to send us an email.
  8. Indemnification You agree to indemnify and hold Clearly Noted, its parents, subsidiaries, affiliates, officers, partners, owners and employees harmless from any claim or demand including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the service, use of your account by any third party, the violation of the terms and conditions of usage by you, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
  9. Applicable Law This site is controlled by Clearly Noted from its offices within the state of Pennsylvania, U.S.A. All conflicts and matters relating to or arising out of the use of its site and contents will be governed under the laws of the state of Pennsylvania. You are responsible for compliance with applicable local, state, national or international laws where you use the site. If you use the site from outside the United States of America, you are entirely responsible for compliance with all laws, including but not limited to the export and import regulations of other countries in relation to the content and the third party content. Unless otherwise specifically stated, all marketing or promotional materials found on this site are solely directed to individuals, companies, and other entities located in the United States.
  10. Links to other Web Sites, Vendors, and Partners The site may contain links to other sites. These linked sites are not under the control of Clearly Noted and Clearly Noted is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Clearly Noted reserves the right to terminate any link or linking program at any time. Clearly Noted is providing these links to you only as a convenience and does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this site, you do so at your own risk.
  11. Security  You agree not to violate or attempt to violate the security of this site including without limitation, (a) accessing data that is not intended for our use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning, or testing the vulnerability of any system or network related in any way to the site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products or services; or (g) attempting to do any of the preceding.
  12. Return Policy   You agree to be financially responsible for any order(s) you place on or in connection with the site and all sales are final. Clearly Noted at its sole discretion may determine to credit your account the purchase price of certain items purchased on or through the site. If so, no cash refund will be given, nor credit back to a credit card, rather, credit will be applied to your individual account which may be used for future purchases on the site. CLEARLY NOTED RESERVES THE RIGHT TO CHANGE THE FOREGOING TERMS AT ANY TIME BY POSTING CHANGES ON LINE. YOU ARE RESPONSIBLE FOR REVIEWING INFORMATION POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED VISITS, USE OF THE SERVICES AND/OR PURCHASES OF MERCHANDISE THROUGH THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, AS MODIFIED BY ANY POSTED CHANGES.
  13. General If any provision of these terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. If Clearly Noted fails or declines to enforce any right or provision in these terms, it shall in no circumstance constitute a waiver of such right or provision unless acknowledged and agreed to by Clearly Noted in writing. The terms comprise the entire agreement between you and Clearly Noted and supersede all prior or contemporaneous negotiations, discussions, or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the site. If you violate these terms, Clearly Noted reserves the right to terminate service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused services, if applicable.
  14. Copyrights and Trademarks Clearly Noted respects all intellectual property rights. If you believe your copyright or intellectual property has been violated through this site, please contact Clearly Noted immediately.If you have copyrighted, trademarked, or other intellectual property or artwork you wish to have considered for display on the site, please forward the material to Clearly Noted for consideration. Clearly Noted will not sign nor enter into a non-disclosure agreement before looking at submitted art work or other intellectual property.