Terms of Use and Conditions

Date last updated: January 1, 2022

Terms and Conditions for Blue Harbor Paperie or as referenced BH Co., BHP, or Blue Harbor Co. as stated in Terms.

NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of BHP products, including digital products and services. You are legally bound to these Terms and Conditions of Use whether or not you have read them.

Terms of this Product or Service – The Purchaser Agreement

All programs, products and services provided by Blue Harbor Paperie (“Company” or “we” or “us” or “our” or “Co” or “BH”). The term “You” or “Your” refers to any user or purchaser of said product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, do not purchase and please email us hello@blueharbordesignco.com and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).

General Terms and Provisions

This website is owned and operated by sole proprietor, Natasha Riley-Glassman under the name Blue Harbor Paperie, located in Wisconsin and operating online.

You must be at least sixteen years of age to use this website and usage of website is at your own risk. BHP takes reasonable efforts to maintain and host the site host on a reputable platform, but we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page is subject to change at any time.

PERMISSIONS

By using our website, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of website use please feel free to contact us by email at hello@blueharbordesignco.com.

Your Product or Service Use and Consent

When you purchased our Offering, you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the Offering and further access of the Offering, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers contained in these Terms and Conditions of Use.

You agree that you are at least 18 years old or of what is considered adult age in your applicable jurisdiction to access the Offering. Access of our Offering and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.

ALL DESIGNS, CRESTS, AND MONOGRAMS PURCAHSED FROM THIS SHOP ARE FOR PERSONAL USE ONLY - NOT AVAILABLE FOR COMMERCIAL USE / RESALE. The digital files may only be shared with vendors and professionals that need them to put on your personal items. Crest and monogram files are for personal use only. No commercial use / resale is allowed.

**If a wedding planner or designer, one crest use per purchase on behalf of one client is allowed. If you intend to reuse the crest you must place a new order for each new client. (IF you purchase on behalf of a client you are welcome to provide the client & their vendors with copies of their crest/monogram)

PRICING and RETURNS

Any and all prices listed within this website or referenced to within this company’s social media represent the full retail price in USD / United States Dollars. We are legally required to collect sales tax from you, even if you reside in a state that we have no physical presence, pursuant to South Dakota v. Wayfair. Because most of our products and services are available digitally or are custom designed and changed specifically to your preferences and specifications, and/or are instantly available via digital download and therefore un-returnable, all orders are not eligible for return, exchange, or cancellation unless it is a service order that is cancelled prior to services starting. If there is an error due to a mistake on our part, the item will be corrected without any cost to you. If there is an error provided to you after you have approved the proof in the proofing process, you will be responsible for any costs associated with correcting the error including any design change fees.

CONDITIONS of DESIGN and DESIGN SERVICES

No changes are provided or required beyond the personalization options as stated on the product page you purchased the good, product, or service from. It is your responsibility to review any proofs given to you for review for errors like spelling, date, or accurate punctuation. Once approved, your proof will be used to complete final files and or printing, and if any errors that you failed to spot or correct during the proofing process are your responsibility to pay for revisions or reprints. Commercial use of final product is prohibited.

Copyright and Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Blue Harbor Paperie (also Blue Harbor Design Co., Natasha Riley-Glassman) or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. You may use our intellectual property with clear and obvious credit back to our site, as well links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or of your creation, even with attribution.

YOU MAY NOT USE any of the designs on this website or purchased from Blue Harbor Paperie or Blue Harbor Design Co. in Commercial capacity.

Civil and Criminal Penalties

Even though our Offering is not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Wisconsin by opting into or purchasing any Offering or accessing its related communications and/or materials.

Sharing Your Contributions and COMMUNICATION

By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third party access sites, such as Our Instagram account, Facebook group(s) or similar, you agree that we have a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose your participation in the same. Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications. We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

SECURITY | Confidentiality, Risk Assumption

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty. By accessing our Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to You. It is Your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Paypal, Square, or HoneyBook. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.

MISCELLANEOUS DISCLAIMER

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice. You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Offering(s).

OUR Limitation of Liability

We will not be held responsible or liable in any way for the information, products, or materials that you request or receive through or in relation to our Offering(s). We do not assume liability for any third-party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of our Offering(s) and related material(s).

FINANCIAL INFORMATION

Chargebacks

You agree to make every attempt to file a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute. We also then reserve the right to decline providing any goods or services to You in the future. Once a chargeback takes place, You are no longer considered our “client” or customer” and lose any and all inclusion as such.

Refunds

We take your investment seriously, and we’d appreciate if you took our investment of time and resources into your success seriously too.

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing. Blue Harbor Design Co. reserves the right to charge interest per day upon any outstanding sum left unpaid.

After 60 days of outstanding payment, Natasha Riley-Glassman reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.

Dispute Resolution and Revocation of Access

If You and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. You have the unilateral right to terminate your use and access to any of Our Offering(s). Please send an email to hello@blueharbordesignco.com to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.

Non-Disparagement

If you are found to be slandering, libeling or otherwise disparaging our Company, Offering(s) or related materials at our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.

Law and Jurisdiction

These Terms, Conditions are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Wisconsin, United States. All rights reserved. If any part of these Terms and Conditions is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Notification

All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Blue Harbor Paperie. If you have any questions about any term of these Terms of Use, please contact us at hello@blueharbordesignco.com.

Privacy

INFORMATION

This Privacy Policy describes how and when I collect, use, and share information when you purchase an item from me, contact me, or otherwise use my services through this website.

This Privacy Policy does not apply to the practices of third parties that I do not own or control. You can reference this Privacy Policy to learn more about privacy practices.

To fulfill your order, you must provide me with certain information (which you authorized me to use for your order), such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (to fill in the information needed for your stationery, for example), if you contact me directly.

Why I Need Your Information and How I Use It:

I rely on a number of legal bases to collect, use, and share your information, including:

as needed to provide my services, such as when I use your information to fulfill your order, to settle disputes, or to provide customer support;
when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list;
if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and
as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services; and 2) Compliance with the Seller Policy and Terms of Use. I use your information as necessary to comply with my obligations under the Seller Policy and Terms of Use.

Information Sharing and Disclosure

Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:

Print Shops and Paper Suppliers. I share information with Print Shops as necessary to provide you my services and comply with my obligations under both the Seller Policy and Terms of Use.
Service providers. I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.
Business transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.
Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.

Data Retention

I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 5 years.

Transfers of Personal Information Outside the EU

I may store and process your information through third-party hosting services in the US and other jurisdictions. As a result, I may transfer your personal information to a jurisdiction with different data protection and government surveillance laws than your jurisdiction. If I am deemed to transfer information about you outside of the EU, I rely on Privacy Shield as the legal basis for the transfer, as Google Cloud is Privacy Shield certified.

Your Rights

If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:

Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.
Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.
Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.
Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.

How to Contact Me

For purposes of EU data protection law, I, Natasha, am the data controller of your personal information. If you have any questions or concerns, you may contact me at blueharborpaperie@yahoo.com.

Natasha R.G., Wisconsin