Terms & Conditions

Terms and Conditions of Use

Plymold provides as a service; www.plymoldessentials.com, to its suppliers, dealers, retailers, representatives, and customers. Please take a few moments to review the provided Terms and Conditions of Use and Privacy Policies.

Acceptance of Terms

Plymold reserves the right to update and /or modify these Terms and Conditions at any time without prior notice. Your use of our website following any such change constitutes your unconditional agreement to be bound by the terms as changed. It is important to note that not all products are available in all markets and that all product-related information is subject to change without notice.

There may be some features of our Site that will require you to sign up to use. If you sign up, we may use the information you supply for the purpose of providing the products, product information, or services you requested.

Plymold has the exclusive right to control accessibility, hours of use, features on the site, and any other information found on the site. Plymold can restrict access to any or all portions of the site, remove information or content from the site at any time. Plymold reserves the right to terminate this site at any time.

Plymold makes every effort to ensure that any information and visual representation of products on the website is accurately portrayed. Plymold is not responsible for the accurate representation of any data, digital images, colors, patterns or any graphic design, especially those which depend upon the equipment or equipment setting the user may choose to utilize, such as computer monitors, CPUs, screen settings, operating system software, printers, etc., to access the materials represented on this site. The user must validate all information represented on this website which the user deems critical to their specifications or use of the product, through the sales teams in a written quote or order acknowledgment.

Authorized Uses

Authorized Plymold. suppliers, dealers, representatives and retailers, and design professionals may use the Plymold websites for the sole purpose of supporting sales of Plymold products. Most of the content (as that term is defined below) of the Plymold websites may be downloaded for reproduction for use in selling Plymold products to end-user customers provided that the information and copyright and trademark notices are not deleted or changed. Authorized Plymold suppliers, dealers, representatives and retailers, and design professionals in need of photography or other content that is not able to be downloaded may contact Plymold Marketing Department as provided below. Other persons may reproduce the Website content solely for their personal, non-commercial, educational, and informational use, and only if information and copyright and trademark notices are not deleted or changed and proper attribution is given to Plymold. News or media requests should be directed to Plymold Marketing Department at communications@plymold.com.

User Obligations

You promise that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the Plymold website. If you use or access the Plymold website outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms and Conditions. You promise, at all times, to provide true, accurate, current, authorized, and complete information when submitting information or materials on the Plymold website. You promise that you will not impersonate any other person or entity, whether actual or fictitious, when using the Plymold website, or defame or otherwise harm, or attempt to harm, any person through your use of the Plymold website.

Copyrights and Trademarks

The content of the Plymold website includes Plymold’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names, and other distinctive identification (collectively: “Plymold Marks”); information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork; and the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, and arrangement of any content contained in or available through the Plymold website. All of these items identified shall be collectively referred to in these Terms and Conditions as the “content” of the Foldcraft Co. websites. Such content is the property of Plymold or owned by its third-party suppliers and is protected by copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties, and regulations. The direct or indirect reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any such content is prohibited unless express written consent is separately obtained from Plymold or other owners of such content. You should assume that everything you read or see on the site is copyrighted or otherwise protected and owned by Plymold, or a third party who licensed the right to use such content to Plymold. The use of the Plymold Marks without Plymold’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Plymold website content.

Restrictions

Unless otherwise expressly stated in these Terms and Conditions or you receive Plymold’s prior written consent, you shall not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any electronic or mechanical information retrieval system, the Plymold website or any of their content. You shall not use the Plymold website for any unauthorized or illegal purpose or activity, interfere with the proper working of the Plymold website, or interfere with any other person’s use and enjoyment of the Plymold website.

Warranty Disclaimer

THE PLYMOLD WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PLYMOLD AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DEALERS, REPRESENTATIVES, OR RETAILERS (THE “FOLDCRAFT CO. PARTIES”) DO NOT PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT:

THE PLYMOLD WEBSITE OR THE CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE, OR NON-INFRINGING;
ACCESS TO THE PLYMOLD WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE QUALITY OF ANY PRODUCTS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FOLDCRAFT CO. WEBSITES WILL MEET YOUR EXPECTATIONS, OR PLYMOLD WEBSITE CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE PLYMOLD WEBSITE.

ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY.

Limitation of Liability

THE PLYMOLD PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM OR DIRECT OR INDIRECT LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING:

OUT OF THE USE OF OR INABILITY TO USE THE PLYMOLD WEBSITE AND/OR THEIR CONTENT;
FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE PLYMOLD WEBSITE AND/OR THEIR CONTENT;
FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE;
OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT, AND/OR SERVICES PURCHASED OR OBTAINED FROM THE PLYMOLD WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE PLYMOLD WEBSITE;
FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLYMOLD WEBSITE;
FROM ANY DELAY OR FAILURE OF THE PLYMOLD WEBSITE ARISING OUT OF CAUSES BEYOND PLYMOLD’S CONTROL;
OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, PLYMOLD WEBSITE CONTENT;
OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE FOLDCRAFT CO. WEBSITES;
OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES, OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD-PARTY WEBSITES;
OR OUT OF ANY OTHER MATTER RELATING TO THE PLYMOLD WEBSITE OR THE CONTENT.

Limitation of Remedies

In the event, you are dissatisfied with, or dispute, these terms and conditions, the Plymold website and/or their content, your sole right and exclusive remedy is to terminate your use of the Plymold website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that Plymold has no other obligation, liability, or responsibility to you or any other party.

Links

Links included on Plymold website are provided for the use and convenience of the visitor. Plymold does not control the content of, or the services offered by, the owners of any website linked to the Plymold website. Plymold does not endorse or make any representations or warranties regarding the product and services of the owners of any such websites. Any concerns regarding the content of, or the products or services offered by, any linked website should be directed to the owner of such website.

Plymold does not generally object to links to their website from third-party sites. You may not use any Plymold names, logos, designs, trademarks, or service marks in or with your links unless Plymold has provided written permission to do so.

Claims of Infringement

Plymold respects the intellectual property of others and we ask our users to do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at communications@plymold.com and provide us with the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Plymold Website;
The name, address, telephone number, and email address of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Product Information

Most products displayed on Plymold website are offered as available only while supplies last. While we strive to keep our website current, Plymold cannot guarantee that every product displayed on the website is available at the time it is displayed. In some cases, products may not be available in all markets or products may not exactly replicate the product shown on the website.

Inaccuracy Disclaimer

From time to time there may be information on our website or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Plymold reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice including after you have submitted an order with us.

Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold Plymold harmless from and against all claims arising from or in any way related to your use of the Plymold website, a violation by you of these Terms of Use, or any other actions connected with your use of the Plymold website, including any liability or expense, losses, actual and consequential damages, suits, judgments, litigation costs, and attorney’s fees. Plymold will provide prompt written notice of any such claims, but Plymold’s failure to provide such notice will not release you from any of your obligations pursuant to this paragraph except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to Plymold other than under this paragraph.

Disputes

Arbitration. Any controversy or claim you have arising out of or relating to these Terms and Conditions (“Claim”) shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. The arbitration shall be held in Minneapolis, Minnesota, and shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding and all submissions to the arbitrator, the proceedings, and the award shall be confidential. Plymold reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms and Conditions.

No Class Action. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. Neither you nor Plymold consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.

Jurisdiction. The courts of the State of Minnesota and/or the United States District Court for the District of Minnesota shall have exclusive jurisdiction and venue over any action concerning the enforcement of an arbitration award, or, if arbitration is not permitted by law, over the litigation of your Claim. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States

District Court for the District of Minnesota or a State court located in Hennepin County, Minnesota. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and that you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise.

Jury Trial Waiver. YOU AND PLYMOLD EACH IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS.

Period of Limitations

Regardless of any statute or law to the contrary, the arbitration of any Claim arising out of or related to your use of the Plymold website must be filed by you within one (1) year after such Claim arose or be forever barred.

Governing Law

These Terms and Conditions and all matters regarding your use of the Plymold website shall be governed by, construed in accordance with, and enforced under the laws of the State of Minnesota, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

Miscellaneous Terms

The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect. These Terms and Conditions, together with any revisions constitute the entire agreement between you and Plymold relating to the Plymold website and its use by you and supersedes any previous written or oral communication regarding the use of the Plymold website.

Contact Information

Inquiries regarding this Website or Plymold products can be directed to:

Sales/Customer Service Marketing Department

Plymold

615 Centennial Drive
Kenyon, MN 55946

E-mail: dealersales@plymold.com E-mail: communications@plymold.com

Telephone: 888.474.1112 Telephone: 800.759.6653