Effective Date: November 17, 2021
Copyright © 2021 Dixon Ticonderoga Company, all rights reserved
ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. These Terms contain a binding arbitration provision. You agree that all disputes between you and Dixon will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
We may modify these Terms at any time. All changes will be effective immediately upon posting to the Sites. Material changes will be conspicuously posted on the Sites or otherwise communicated to you. By using the Sites after changes are posted, you agree to those changes.
- Content. The Sites, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Dixon or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in the next section, Dixon reserves all other rights in and to the Sites and Content, including all intellectual property rights.
- Use of Marks. Dixon owns certain trademarks, names, logos, insignia, or service marks (“Marks“). You do not have the right to use any Marks except as expressly agreed to in writing by Dixon. In addition, the Sites may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.
- Intellectual Property Rights. The Sites and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Dixon or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
- Compliance with Laws. In connection with your access to and use of the Sites, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
- Children’s Information. The Sites are not directed at children under the age of thirteen (13) years old. If you are under thirteen (13) years old, you must immediately stop using the Sites.
- Viruses. You must use up-to-date, commercially standard, anti-virus software on any computer or device used by you to access the Sites. We are not liable for any virus you might receive from our Sites or links on our Sites, and you access our Sites at your sole risk.
- Restrictions on Your Use of the Sites
- You shall not copy, duplicate, reproduce, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Sites or Content without Dixon’s prior written consent. Without limiting the foregoing, you shall not copy, or use a copy of, the Sites or any of its Content without our prior written consent. You shall not build a website of your own, or on behalf of a third party, that copies or uses Content from our Sites.
- You shall not use the Sites for unlawful purposes.
- You shall not submit inaccurate, incomplete, or out-of-date information via the Sites, commit fraud or falsify information in connection with your use of the Sites.
- You shall not engage in data mining or similar data gathering or extraction activities from the Sites. You shall not use the Sites to harvest email addresses, names or other information of the users of the Sites or to spam other users of the Sites.
- You shall not access, use, or copy any portion of the Sites or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You shall not use the Sites to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Sites, the servers used to make the Sites available, or any other network, computers, hardware, software or systems (“Virus”).
- You shall not engage in activities that aim to render the Sites or associated services inoperable or to make their use more difficult.
- You shall not: (i) use or attempt to access an account or passwords that are not yours, (ii) misrepresent your identity in any way, (iii) intercept messages without permission, or (iv) use our computing resources beyond your authorization.
- Unauthorized anonymous and/or pseudonymous communications are prohibited.
- You shall not frame, mirror or circumvent the navigational structure of any part of the Sites.
- You shall not upload, distribute, transmit, or post anything to or through the Sites that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You shall not engage in any conduct while using the Sites that Dixon considers inappropriate, unauthorized, or contrary to the intended purpose of the Sites.
- Feedback and Other Content Submitted By You. If you submit comments or feedback to us regarding the Sites or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback“), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Social Media. Links to Dixon’s social media pages (e.g., Facebook, LinkedIn, Instagram, Pinterest, Tik Tok, and Twitter are included on the Sites (“Social Media Pages“). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect Dixon’s views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
- NO WARRANTY. THE SITES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIXON EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. DIXON DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, ACCURACY, RELIABILITY OR AVAILABILITY OF THE SITE OR CONTENT. DIXON DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DIXON OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, OR AGENTS (TOGETHER, “DIXON PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A DIXON PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE DIXON PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE DIXON PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
- Linking to the Sites. You are prohibited from linking to the Sites on your website or elsewhere without the prior express written consent of Dixon. If Dixon grants you a right to link to the Sites, certain terms may apply and Dixon reserves the right to revoke such consent at any time. You are responsible for any costs incurred by Dixon in enforcing its rights under this Section.
- Use in the United States. The Sites are intended for use in the United States only. We do not guarantee that use of the Sites will be available or permitted in any location other than the United States. If you choose to access the Sites from a location other than the United States, you do so at your own risk.THE EXISTENCE OF THE SITES OR ANY CONTENT SHALL NOT BE CONSTRUED AS DIXON OR THE DIXON PARTIES OFFERING SUCH SITES OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITES OR CONTENT IS PROHIBITED BY LAW.
- Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Sites or Content, and we may restrict your access to the Sites or Content. Dixon may suspend or terminate the Sites or any Content, in whole or in part, at any time in its sole discretion for any reason. Dixon shall not be liable to you or anyone else for any damages arising from or related to Dixon’s suspension or termination of your access to the Sites or the Content, or in the event Dixon modifies, discontinues or restricts the availability of the Sites or the Content (in whole or in part).
- Sites Unavailability. Without limiting the generality of the previous section, the Sites or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
- Cooperation with Law Enforcement. Dixon will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD DIXON AND THE DIXON PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH DIXON AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.Applicability of Arbitration Agreement
All claims and disputes between the parties that cannot be resolved informally must be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the other party’s intellectual property or other proprietary rights, the non-breaching party may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate equitable relief without posting of a bond, proof of damages or other similar requirement.This Arbitration Agreement applies to you and Dixon, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries provided under the Terms.The arbitration proceeding will be administered by the International Chamber of Commerce (“ICC”) pursuant to its Rules of Arbitration before an arbitrator selected by and pursuant to the rules of the ICC. Any final award may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration. Any such arbitration will take place at a location within the United States federal judicial district identified below and will apply the substantive law set forth below. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH INDIVIDUAL ARBITRATION.The decision of the arbitrator will be a final and binding resolution of the dispute. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and will be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1–16. Judgment upon the award may be entered in any court having jurisdiction.Survival
This provision will survive the termination of your relationship with Dixon.Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Dixon must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.
Forum and Venue
A lawsuit, if any, by you or Dixon against the other will occur in state or federal court in Wisconsin. You and Dixon agree that the jurisdiction and venue of these courts is exclusive.
- Applicable Law. Any dispute between you and Dixon will be governed by the laws of the State of Wisconsin and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
- Terms Applicable to New Jersey Customers. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Dixon reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
- Use in the United States and Canada. The Sites are intended for use in the United States and Canada only. We do not guarantee that use of the Sites will be available or permitted in any location other than the United States and Canada. If you choose to access the Sites from a location other than the United States and Canada, you do so at your own risk.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Dixon’s successors and assigns.
- Waiver. Dixon’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Dixon.
- Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
- Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Dixon may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
- Contact Us. Please direct any questions and concerns regarding these Terms to us at:
Address: 2525 N. Casaloma Drive
Appleton, WI 54913