DISCLAIMER

This site is presented by American Paper Exchange llc on an “as is” basis. American Paper Exchange llc makes no representations or warranties of any kind express or implied, as to the operation of this site, or the information, content, materials or merchandise offered for sale or included on this site. To the fullest extent permitted by applicable law, American Paper Exchange llc disclaims all warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Subject to the policies expressed above, American Paper Exchange llc will not be liable for any damages of any kind arising from the use of this site or the purchase of merchandise from this site (including but not limited to, direct, indirect, incidental, punitive and consequential damages), even if American Paper Exchange llc has been advised of the possibility of such damages.

This site is created and controlled by American Paper Exchange llc in the County of Passaic, State of New Jersey, USA. Use of this site will be governed by and construed in accordance with the laws of the County of Passaic, State of New Jersey without giving effect to any conflict of law principles. By purchasing merchandise through this site, you agree that the offer and sale of such merchandise takes place in, and will be governed exclusively by the laws of, the State of New Jersey without giving effect to any conflict of law principles. You also agree that any legal or equitable claim against American Paper Exchange llc arising from or related to your purchase must be brought in the city, state or federal courts located in Passaic County, New Jersey.

TERMS & CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS ("T&C") MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE T&C. IF YOU DO NOT ACCEPT THESE T&C, THEN DO NOT USE THE SITE.

BrokenCartons.com, ("Site") is owned by American Paper Exchange llc and is currently provided free of charge to basic users who agree to abide by these T&C. BrokenCartons.com reserves the right to change the nature of this relationship at any time, and to revise these T&C from time to time as BrokenCartons.com sees fit. Users who violate these T&C will have their access canceled and they may permanently be banned from using the Site. Users should check these T&C periodically. By using the Site after we post changes to these T&C, you agree to accept those changes, whether or not you actually reviewed them.

MEMBERS

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use by their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.

COOKIES

"Cookies" are small encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a website. BrokenCartons.com uses cookies to enhance your shopping experience with us. Cookies are used to keep track of your shopping cart and to save your password so you do not have to reenter it each time you visit the Site. You can disable cookies by turning them off in your browser, however, some areas of this site may not function properly if you do so. To learn more about how we protect customer information, please review our Privacy Statement.

COPYRIGHTS, TRADEMARKS & RESTRICTIONS

The material included herein, including site design, text, graphics, and the selection and arrangement thereof are copyrighted© by American Paper Exchange llc. ALL RIGHTS RESERVED. APE, BrokenCartons.com and other trademarks and all page subheaders, custom graphics, and custom icons are service marks and trademarks of BrokenCartons.com. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the "Materials") are the property of BrokenCartons.com and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by BrokenCartons.com and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by BrokenCartons.com or its subsidiaries or affiliates) without BrokenCartons.com’s prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with BrokenCartons.com or applying for credit. Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution, or republication of Materials without BrokenCartons.com’s prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of BrokenCartons.com or third parties.

LINKS

BrokenCartons.com is not responsible for the content of any unaffiliated websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from BrokenCartons.com, and BrokenCartons.com has no control over the content of that other website. In addition, a link to any other website does not imply that BrokenCartons.com endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by BrokenCartons.com of that third party or of any product or service provided by a third party.

PRIVACY ISSUES

BrokenCartons.com is concerned about privacy matters for its customers. To learn more about how we protect customer information, please review our Privacy Statement.

PRODUCT AND SERVICES INFORMATION

Most products and services offered on the site are available through member “sellers” so prices and availability may vary. Price and availability are subject to change without notice. We attempt to display all products shown on the Site in an accurate manner, however, because of the technical differences in the equipment of our members, we cannot be responsible for photographic differences in size, shape and color of the products. The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.

NOTICE AND TAKE DOWN PROCEDURES

If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact BrokenCartons.com’ copyright agent (identified below) and provide the following information: A clear statement identifying the works, or other materials believed to be infringed.

  • A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
  • Sufficient information about the location of the allegedly infringing Materials so that BrokenCartons.com can find and verify its existence.
  • Your name, telephone number and e-mail address.
  • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

BrokenCartons.com’ agent for notice of copyright issues on the Site can be reached as follows:

American Paper Exchange LLC
110-B Fifth Avenue
Hawthorne, NJ 07506
USA

CONDUCT OF USERS

Never accept offers to buy or sell outside of BrokenCartons.com. Our tools and payments are designed to protect members. You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which BrokenCartons.com considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any "virus", "trojan horse" or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

INDEMNITY

By using the Site, you agree to indemnify the BrokenCartons.com Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. BrokenCartons.com reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

TERMINATION

BrokenCartons.com may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including without limitation, breach of these T&C. In the event these T&C are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in these T&C will survive termination. In the event that you are unsatisfied with the services provided by BrokenCartons.com, your sole remedy is to terminate your Membership and use of the Site.

LIMITATIONS OF LIABILITY

In no event shall American Paper Exchange llc, d/b/a BrokenCartons.com or any of its subsidiaries or affiliates be liable for indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event suit is necessary to enforce collection hereof, purchaser agrees to pay a reasonable attorney fees and any court cost incurred thereby. Seller shall have no liability to Buyer for loss or damage arising out of delay in shipment, partial shipment or non shipment if caused by contingencies beyond Seller’s control, including without limitation, acts of God, fires, floods, labor disputes, governmental action and inability to obtain materials, supplies equipment or transportation.

JURISDICTION

BrokenCartons.com operates the Site from its office within the County of Passaic, State of New Jersey, United States of America. BrokenCartons.com makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. These T&C will be governed by and construed in accordance with the laws of the County of Passaic, State of New Jersey, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these T&C or matters related to the Site will be brought in either the State or Federal Courts of the State of New Jersey; provided, however, that notwithstanding anything contained in these T&C to the contrary, BrokenCartons.com shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce BrokenCartons.com’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of these T&C is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these T&C and the remaining provisions of these T&C will remain in force. These T&C constitute the entire agreement between you and BrokenCartons.com concerning your use of the Site.

COMMENTS, COMPLAINTS AND QUESTIONS

We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of BrokenCartons.com, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these T&C, please contact us.

RETURN POLICY

If, for any reason, merchandise is not satisfactory, notify us at once, particularly before the stock is used or converted in any way. We cannot accept, return or allow any credit for merchandise after the stock has been ruled, printed or cut. All custom cuts are not returnable. No merchandise will be accepted for credit unless returned in sealable condition and in original packages. All returned merchandise accepted as an accommodation to the customer will be credited at 90% of the purchase price. The minimum restocking charge will be $10.00. If the goods were obtained for "Buyer" on special order, no returns will be accepted unless BrokenCartons.com's "Seller" has consented to accept return of goods. Buyer will be responsible for any and all additional charges including but not limited to freight, re-stocking charges, convenience fee, duties, tariffs, taxes, etc.

SALES TAX & CUSTOMS POLICY

Buyer shall pay all taxes and charges of any nature imposed by any federal, state or local government authority by reason of sale or delivery of the goods described herein, whether levied or assessed against Seller, Buyer or the goods. Such applicable taxes or charges, if not included in this invoice, shall be invoiced separately. We collect 7% New Jersey State sales tax on items shipped to a recipient within the state of New Jersey, to customers & businesses without a resale certificate. Orders shipped to Canada, may be subject to import fees, duty, customs, VAT charges or additional taxes when the package arrives. BrokenCartons.com is not responsible, nor can we offer any specific advice on fees or additional taxes that you may be charged when your merchandise arrives. We cannot make refunds to customers who do not receive shipments because they have declined to pay these costs. We recommend that you contact the appropriate government agency for your province/locale before placing your order and ask for information about these potential charges, so you know in advance what your total charges will be.

CONTACT US E-MAIL FORM

Consumers can use the Contact Us e-mail form to send an e-mail message to our customer service center. The personally identifiable information we require on the form is your name, e-mail address, city, state, zip code and country. This information is used to respond to you. If you choose to receive additional information from us, we will use your contact information to send additional materials to you. You can request to be removed from our mailing list at any time. Please see the “Choice/Opt-out” section below for more information.

POLICY CHANGE

If we alter our privacy policy, any changes will be posted on this site so that you are always informed of the information we collect about you, how we use it and the circumstances under which we may disclose it. Please check back from time to time to ensure you are aware of our current privacy policy. If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at XXX-XXX-XXXX or by using our contact form. If you have any questions about this Privacy notice, the practices of this site, or your dealings with this site, please contact us by sending a letter to:

American Paper Exchange LLC
110-B Fifth Avenue
Hawthorne, NJ 07506-2636

We are not responsible for typographical errors.

 
 
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