Terms and Use Agreement

Conditions of Sale/Terms and Use Agreement

What if I am not satisfied with my order? The MyCorwin Three Day Guarantee of Satisfaction:

You must let us know within three (3) business days of receipt if there is an issue with your order.

Corwin stands behind the timeliness and quality of its products and services. If you are not 100% satisfied with your purchase from us (your fault or ours), simply contact our customer service department within three (3) business days from the date you receive it (or the date it was scheduled to arrive) and we will reprint your calendar(s) and/or newsletter(s) immediately. All jobs will be shipped UPS Ground unless you prefer and pay for overnight shipping. All overnight shipping is billed directly to client’s shipper account.

If the error was not made at Corwin and you need your job reprinted, contact our customer service department and you will be instructed on the best method to have your job redone. At your written request, Corwin will reprint your job immediately at a reduced price and ship it immediately. On your invoice, you will see your regular prices for your ordered products PLUS the reduced price for reprinting your job(s).

For errors made by Corwin, we will need the entire order sent back to Corwin in its original packaging via UPS – otherwise shipping and processing fees will be charged to your account. While your package is being returned to Corwin, in good faith, we will reprint your job and ship it immediately while we await your returned package. Upon arrival of your returned package, we will reprint the product(s) in question, excluding shipping and processing costs. Please note: if you receive a box of calendars and/or newsletters and a tube of oversize calendar posters and only one item is incorrect, only return the box of incorrect items (i.e.: box of calendars are correct but the oversize calendar posters is the wrong size – send back only the oversize calendar poster tube).

For jobs damaged during shipping, the original package and all of it’s contents must be saved at your facility for our shipper to pick it up. Contact our customer service department immediately, or within three (3) business days, and let us know the severity of the damage. We will file a claim with our shipper so Corwin gets proper credit for the damaged package and reprinting your job(s). We will reprint your damaged order and ship it overnight at no expense to you. IMPORTANT! You must save the damaged package until the shipper picks it up for proper credit – otherwise, you will be charged for a complete order plus overnight shipping (if applicable).
Corwin takes great pride in its commitment to customer satisfaction. However, certain circumstances are beyond our control and are not covered by the guarantee. Please note that we cannot be responsible for:
• Spelling, punctuation or grammatical errors made by the customer.
• Verbal corrections given to Corwin by the customer.
• Errors in user-selected options such as choice of paper color, poster size, quantity or product type.
• Damage to the products arising after delivery to the customer.
• Products missing after proof of delivery by shipping provider.

Please preview your designs carefully and correct any mistakes prior to placing your order. In an effort to keep costs down and pass substantial savings along to our customers, Corwin nor Corwin Design & Graphics Corporation does not proof documents created by its customers prior to processing.

The plain and simple things: A thought about Copyright Infringement (The Hall of Shame)

READ THIS BEFORE YOU CONSIDER TAKING ARTWORK FROM CORWIN TO YOUR LOCAL COPY CENTER:

Under copyright law and the method in which Corwin will legally enforce it, you cannot utilize an outside service to duplicate your calendar or enlarge it to poster size. You are able to make your own 8.5 x 11 or 11 x 17 copies inside your facility on your facility copy machine. Use of any outside copy service for copies or posters is copyright infringement.

Corwin maintains a high quality service that we must provide for our clients. Our intention is that all of our clients have their artwork printed by Corwin so that all steps in maintaining the highest quality are taken. We copyright our templates because we created them for the sole purpose of providing a high-end activity calendar for the activity profession. When our artwork is printed by another service, our name is on every calendar which may not live up to our high printing standards. Our legal department works diligently to copyright our templates and will go to the fullest extend of the law to crack down on people who copy our artwork outside the facility level.

If you wish to purchase your calendar and own the entire artwork, including the templates created by Corwin, there is a fee of $75.00 that will be billed monthly to your account and the copyright indicia will be removed from your calendar. The condition in which you can use that artwork is restricted to making copies or enlargements at your local copy center – you do not own the template.

Did you know that there are actually companies who are thinking of using our artwork, templates and other content on MyCorwin.com, MyCorwinCalendar.com, MyCorwinOnline.com, and other Corwin Design & Graphics Corporation’s subsidiaries without our permission? We sincerely hope you’re not one of them, but if you are thinking of copying our artwork, templates or other content and using them, or “sharing” your subscription with another, or reprinting them in your print publication without permission…we encourage you to please think again.

Much time, effort and research goes into creating our site and once published, our site and every single calendar template, artwork, and navigational tools, articles, etc. that has been created by us, is protected by Copyright Law. There are many people who aren’t familiar with Internet Copyright Law – then there are those who are familiar with it, and just choose to ignore it. Please do not reproduce our copyrighted information, or reprint them in any other media without permission. If you have reproduced any of our calendars or copied any of our copyrighted works, you will eventually be found, and appropriate procedures will be followed to the fullest extent of the law. We respond to each and every incident of copyright infringement and report them as such. If a satisfactory solution is not reached within one month’s time, we reserve the right to list your infringement here, along with your domain and link to the infringing page. Copyright infringement is against the law — we thank you for respecting and supporting Internet Copyright Law, and the original works of website owners.

Please help us by reporting a copyright incident.

E-mails

We are not responsible for lost or mis-directed e-mails. If our mail server is down or your mail program rejects mail from us, we have no way of knowing that you sent an email or you did not receive our email to you. Please check all spam settings on your e-mail client and insure that you are open to receiving mail from us. In the event our hosting server has a problem and is down and e-mails are lost, we cannot accept responsibility. Please be sure your email address is put in the shopping cart accurately. If your email address bounces from the shopping cart, we cannot fill your order and will not be able to contact you.

There are times that our production takes place late at night which does not lend to calling customers. E-mail is our preferred source of communication.

Production Time

Our goal is to produce your calendar and have it delivered to you on or before the first of the month. All orders are produced in the order they were received. Most items produced at our facility are printed and shipped within seven (7) business days, not including holidays or weekends; however, this is an estimate and may take longer especially during heavy volume time, Holidays, Weather conditions that may prevent us from working (i.e.: tropical storms and hurricanes), etc.. Any custom design requests may take longer.

If you need your order by the end of the month, we strongly recommend that you place your order in its entirety by the 15th of the month. If you need your order by a certain date that is before the end of the month, please make sure to tell us and we will make every effort to meet your deadline!

Shipping

Your order will be shipped via UPS Ground service and billed to your Corwin account unless overnight service is requested and paid for by your facility. You will be required to send us your preferred shipper of choice and account number to be billed directly to your account with that shipper. We will prepare and ship your order with your requested shipper. A nominal handling fee will be added to your order for boxing, taping and calling for pick up of your order with your appropriate shipper. Incomplete or inaccurate shipper account numbers will delay your shipment. Corwin is not responsible for verifying the accuracy of your shipper account number and any order billed to Corwin’s shipping accounts with FedEx, DHL and UPS Overnight because of client error (inactive, on hold or wrong shipper account number) will be billed and due immediately by the client and any future orders with the same expectation of overnight delivery must be corrected with an accurate account number. Corwin has the right to refuse overnight delivery charges on our account which will delay your order. Please double check your account number and status with your shipper before placing your order with Corwin.

Communication & Changes to your order

It is important that you check your e-mail on a regular basis. We may send questions pertaining to your order and a delay in your response to us is a delay in production of your order. If you would like to make additional changes to your order after it has been submitted, contact Corwin via email to determine if it has been produced. If it has not been produced, Corwin will release your order back to you to edit. IMPORTANT: IF YOUR ORDER IS CANCELLED AT CORWIN SO YOU CAN EDIT YOUR CALENDAR – WE DO NOT HAVE THAT ORDER UNTIL YOU RESEND IT TO US – IN ITS ENTIRETY. Do not send partial orders. We prefer all correspondence be made via e-mail so there is a record for review and less errors happen that way. However, please try to keep your emails precise and to a minimum. We request you attempt to give the most accurate info during the order process

The Legal Stuff:

This Agreement is an agreement between you, the paid subscriber (“User”) and MyCorwin.com (“Corwin”) for use of the web-based applications known as www.MyCorwinCalendar.com, www.MyCorwinOnline.com, www.MyCorwin.com, and related resource and services (collectively “Corwin Design & Graphics Corporation Services”). Please read and understand this User Agreement.

1. GRANT OF LICENSE

Subject to the terms of this User Agreement, Corwin hereby grants to User a worldwide, non-transferable, nonexclusive license to use Corwin Design & Graphics Corporation’s Services, for the term of this User Agreement, in connection with providing subscription style calendar and newsletter services for User’s facility use (Facility would be defined as the place of employment of User). Sharing between facilities is prohibited. This User Agreement does not grant User any title or right of ownership in Corwin Services.

2. TERM

This User Agreement shall become effective when User accesses Corwin Services, and shall continue in effect until terminated as provided in Section 6.2 below. Upon termination of this User Agreement, the license granted by Corwin to User hereunder shall immediately terminate. User shall cease using Corwin Services immediately upon the termination of this User Agreement.

3. HARDWARE AND THIRD PARTY SOFTWARE AND SERVICES

The User has the sole responsibility to obtain and properly configure appropriate hardware and software necessary to use Corwin Services, and to obtain a connection to Corwin Services over the Internet.

4. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTED USE

4.1 Corwin Rights. User acknowledges Corwin is the sole owner of Corwin Services and, except as expressly permitted herein, has the sole right to grant licenses to Corwin Services . User acknowledges that Corwin Services constitutes valuable confidential information and trade secrets, proprietary to Corwin. User acknowledges that the Corwin Services web site, as well as proprietary rights in and appurtenant to Corwin Services, including without limitation to copyright, patent, and trade secret rights, are and shall remain the sole property of Corwin. User shall have only the limited use rights specifically granted by this User. Any rights not expressly granted in this User Agreement are expressly reserved.

4.2 Copyright and other information. User shall use reasonable efforts to display all Corwin copyright, trademark, and other proprietary notices and disclaimers. User shall not alter, remove, or conceal any copyright, trademark, or other proprietary notice or disclaimer.

4.3 No De-compilation or Modification. User shall not modify copy, translate, or otherwise prepare derivative works, reverse engineer, disassemble, de-compile, recreate, or generate any of Corwin Services or portion thereof, except to the extent Corwin has authorized User to use Corwin Services contrary to this section pursuant to a separate written agreement.

4.4 No Transfer. User shall not, in whole or in part, rent, lease, sublicense, sell, assign, or otherwise transfer Corwin Services, any component or portion thereof or any document produced there from.

4.5 Confidentiality. Except as expressly provided in Section 1 of this User Agreement, User shall not use, give permission in connection with the use of, copy, disclose, or make available, directly or indirectly, all or any portion of Corwin Services or related documentation to any person.

4.6 Security. User agrees that the Corwin Services are intended for the sole use of the User. User is responsible for maintaining the security and confidentiality of User’s password. USER SHALL NOT SHARE USER’S PASSWORD WITH ANYONE. If you know or suspect that the password has been compromised, you should change your password immediately and contact us via the form at the bottom of this page or via email.

5. PAYMENT

5.1 To the extent that Corwin makes available free or discounted introductory trial memberships to Corwin Services, users shall not accept more than a single such offer without the permission of Corwin. Accepting more than a single such offer, whether by utilizing a false identity or by providing Corwin with false or misleading registration information, or by using any other means or circumstance, shall result in a termination of this User Agreement.

5.2 Users who subscribe to Corwin’s services (“Subscriber”) have paid or shall pay for the license and access to Corwin’s services, and/or the provision of any services provided by Corwin, or such other fees as are mutually agreed upon by the parties for such license, access and/or services. The charges for the license granted and/or services provided by Corwin are exclusive of any and all taxes, levies, duties, import and export charges, or any other form of taxation properly chargeable with respect to this User Agreement. Any taxes, levies, duties, import and export charges, and fees due pursuant to other forms of taxation will be the responsibility of Subscriber.

5.3 Except where explicitly stated, Corwin Services are licensed on either a month to month basis or an annual basis and are automatically renewed at the then current month to month or annual rate.

5.4 Payment is due upon receipt, unless otherwise stated. A 1.5 percent monthly service charge is payable on all overdue balances after 30 days. In the event of non-payment of an invoice and/or if any dispute arises in regard to this agreement, MyCorwinCalendar.com and/or its parent company, Corwin Design & Graphics Corporation, has the sole right to either submit same to binding arbitration, in accordance with the rules of the American Arbitration Association or to any appropriate court of law. IN any case, Client shall pay all costs of collection, arbitration, and/or court costs, plus reasonable attorney’s fees plus interest at maximum rate allowable by law from date of invoice or award, whichever occurs first.

5.5 Failure to pay subscription fees and all monies owed to Corwin will place client on credit hold until payment is received in full. Clients on credit hold will not have access to subscription service online until all payments are received in full.

6. TERMINATION / RENEWAL

6.1 If any fee to be paid by Subscriber for the rights and license granted herein is past due, Corwin may terminate this User Agreement and the license granted hereunder without prior notice. Corwin in its sole and absolute discretion, without prior notice, may terminate this User Agreement and the license granted hereunder if User or Subscriber shall fail to comply with any obligation under this User Agreement or any other agreement between such User or Subscriber and Corwin, including without limitation, a breach of any restrictions on the use of Corwin Services or any other intellectual property licensed to User or Subscriber, any other infringement of the intellectual property rights of Corwin, or if any representation of User or Subscriber shall be inaccurate, or if any warranty of User or Subscriber shall be breached. If User or Subscriber in any way infringes the intellectual property rights of Corwin, Corwin may also, in its sole and absolute discretion, without prior notice, terminate any other agreement between User or Subscriber and Corwin.

6.2 Subscriber may terminate the agreement on 30 days notice prior to the end of the then existing month to month or the annual term. In the event of cancellation of this service, a cancellation fee for work completed, based on the contract price and expenses already incurred by Corwin plus cost of commitments made to suppliers on behalf of the Client shall be paid by the Client.

6.3 In addition, Corwin may terminate this User Agreement, with or without cause, at any time on 30 days prior notice. If such termination is without cause, a pro-rated refund of the subscription fee will be paid to Subscriber. All obligations relating to non-use and nondisclosure and any other applicable provisions, shall survive termination of this User Agreement.

7. EXCEPTIONS FOR VARIOUS TYPES OF SUBSCRIBERS; OTHER USERS

If your access to Corwin Services is provided by, or through an entity, such as your parent corporation (“Corporation”), with whom Corwin has a preexisting agreement some or all of the “Fees and Payments” and “Renewal” terms may not apply to you. Please contact your Corporate office for details.

8. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

USER EXPRESSLY AGREES THAT THE USE OF CORWIN SERVICES IS AT USER’S SOLE RISK. CORWIN SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR USER’S USE, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THE WARRANTY WHICH IS EXPRESSLY SET FORTH IN SECTION 9.1 OF THIS USER AGREEMENT BELOW, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OF OPERABILITY, OF CONFORMANCE TO PUBLISHED SPECIFICATIONS, NON-INFRINGEMENT, TITLE OR OF MERCHANTABILITY. LICENSEE ACKNOWLEDGES THAT CORWIN SERVICES MAY BE MODIFIED OR MADE UNAVAILABLE AT CORWIN’S DISCRETION, AND THAT IN THE CASE OF A MODIFICATION TO CORWIN SERVICES , SUCH MODIFIED CORWIN SERVICES MAY NOT BE COMPATIBLE WITH OTHER INFORMATION CREATED USING A PRIOR VERSION OF CORWIN SERVICES , AND THEREFORE MAY NOT BE ACCESSIBLE VIA USE OF THE MODIFIED VERSION. CORWIN DOES NOT GUARANTEE THAT CORWIN SERVICES WILL BE AVAILABLE FOR USE AT THE TIMES OR LOCATIONS OF USER’S CHOOSING. THE ENTIRE LIABILITY OF CORWIN AND USER’S EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF CORWIN SERVICES SHALL BE THE RECOVERY OF DIRECT DAMAGES, IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF ANY FEE PAID FOR THE MATERIAL OR SERVICE CAUSING SUCH DAMAGE. IN NO CASE SHALL CORWIN BE LIABLE FOR LOST OR CORRUPTED DATA, LOST PROFITS, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION ARISING FROM THE USE BY USER OF CORWIN SERVICES, FOR ANY OTHER CLAIM RELATED IN ANY WAY TO USER’S USE OF CORWIN SERVICES, OR ARISING FROM ANY OTHER MATTER RELATING TO THIS USER AGREEMENT, EVEN IF CORWIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE WARRANTIES SHALL BE EXCLUDED AND THE LIABILITY OF CORWIN SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. REPRESENTATIONS AND WARRANTIES

9.1 Representations and Warranties of Corwin. Corwin represents and warrants that it has the right to grant the licenses herein granted to User, and that, to its knowledge Corwin Services and the exercise by User of the rights herein granted shall not infringe any copyright, patent, or trade secret of any third party.

9.2 Representations and Warranties of User. User represents and warrants to Corwin that User is a qualified professional and that User has all required licenses to engage in these services, and that User’s use of Corwin Services will be represented accurately and used in compliance with all applicable laws and regulations.

9.3 Indemnification. User shall defend, indemnify, and hold harmless Corwin, and Corwin’s employees, officers, directors, shareholders, and agents, from and against any and all claims, suits, loss, damages, cost or expense (including without limitation attorneys’ fees) resulting from any breach or alleged breach of any covenant, representation, or warranty in this User Agreement or relating or arising in any way out of any services or advice alleged to have been rendered or not rendered by or on behalf of User to any third party.

9.4 MyCorwin.com, MyCorwinCalendar.com, MyCorwinOnline.com, and it’s parent company, Corwin Design & Graphics Corporation agrees to exercise its best judgment in the preparation and/or placing of all publications, advertising and publicity for the Client, with a view of avoiding any claims, proceedings, or suits being made and instituted against the Client or Corwin. It is mutually agreed, however, that the Client will indemnify Corwin against any loss incurred as the result of any claim, suit or proceeding made or brought against Corwin based upon any calendar, publication, advertising or publicity prepared by Corwin for the Client and which Client approved before its publication.

Client will indemnify Corwin against any loss sustained and agrees to defend Corwin, as a result of any claim, suit or proceeding made or brought against Corwin based upon:

a) Assertions made for any of Client’s products (or services) or any of the products (or services) of any of your competitors in any publications or advertising which Corwin may prepare for Client and which have been approved prior to publication or broadcast; and/or,

b) A publication or advertising element which is furnished to Corwin by Client and which allegedly violates the personal or property rights of anyone,

c) Claims of logo or copy duplication. The Client is responsible for trademark and copyright search and filing unless otherwise contracted to Corwin.

10. NO ASSIGNMENT

User may not assign or otherwise transfer any of its rights, duties, or obligations under this User Agreement, without the prior written consent of Corwin.

11. GOVERNING LAW AND JURISDICTION

Corwin Services is controlled by Corwin from its offices within the state of Florida, United States of America. By accessing Corwin Services, User and Corwin agree that all matters relating to User’s access or use of Corwin Services shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof.

12. NOTICES

All notices, requests, demands, and other communications called for or contemplated hereunder shall be in writing and shall be deemed to have been duly given when delivered or three (3) days after mailing by U.S. certified mail, return receipt requested, postage prepaid (unless other mode(s) of delivery are specified), at such addresses as the parties may designate by written notice.

13. ENTIRE AGREEMENT

This User Agreement constitutes the entire understanding and agreement between Corwin and User regarding the terms and conditions of the licensing of Corwin Services.

14. NONWAIVER AND SEVERABILITY

Corwin’s failure to exercise any right or provision of this User Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this User Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of this User Agreement remain in full force and effect. In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this User Agreement shall remain valid and enforceable according to its terms.