Terms and Conditions
Craig Frames, LLC d/b/a Craig Frames (craigframes.com) | Effective Date: August 13, 2026
These Terms and Conditions (these "Terms") govern your access to and use of the websites, online stores, and related services (collectively, the "Services") operated by Craig Frames, LLC, a Delaware limited liability company with its principal office at 140 Industrial Parkway, Ithaca, Michigan 48847 ("Craig Frames," "we," "us," or "our"), operating the website craigframes.com (the "Site"). Craig Frames-specific terms applicable to the Site are set forth in Part II of these Terms (the "Brand Schedule").
PLEASE READ THESE TERMS CAREFULLY. SECTION 20 (DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER) CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE ACTIONS THAT APPLY TO U.S. CONSUMER PURCHASES. BY ACCEPTING THESE TERMS OR USING THE SERVICES, YOU AGREE TO THESE PROVISIONS, SUBJECT TO YOUR RIGHT TO OPT OUT WITHIN 30 DAYS AS SET FORTH IN SECTION 20.6 AND SUBJECT TO THE CARVE-OUTS IN SECTIONS 20.9 AND 20.10.
1. Acceptance of These Terms
By accessing or using the Services, creating an account, placing an order, or clicking "I accept" (or similar) where presented, you agree to be bound by these Terms, our Privacy Policy, our Refund and Return Policy, and the Brand Schedule. If you do not agree to these Terms, you must not access or use the Services. If you are accessing the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Definitions
2.1 "Brand Schedule" means Part II of these Terms, setting forth terms specific to the Craig Frames Site.
2.2 "Consumer" means an individual purchasing or seeking to purchase Products for personal, family, or household use through a Site.
2.3 "Customer" means any person or entity that purchases or seeks to purchase Products through the Services, including Consumers and Wholesale Customers.
2.4 "Custom Product" means any Product that is made to order, configured by the Customer, or printed with Customer-supplied content, including without limitation custom-cut frames, custom-cut mats, configurator-built items, and items featuring Customer-submitted images.
2.5 "Gift Card" means a stored-value card or code, whether physical or electronic, issued by Craig Frames and redeemable for Products on the Sites.
2.6 "Order" means a Customer's request to purchase one or more Products through the Services.
2.7 "Product" means any item or service offered for sale through the Services.
2.8 "User Content" means any content (including images, text, designs, and other materials) that a Customer or other user uploads, submits, transmits, or otherwise makes available through the Services.
2.9 "Wholesale Customer" means a Customer who has been approved by Craig Frames for wholesale purchasing pursuant to a separate credit application and wholesale agreement.
3. Eligibility
You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into these Terms. The Services are not directed to children under 13, and we do not knowingly collect personal information from children under 13. If you believe a child under 13 has provided personal information through the Services, please contact us so that we may delete it.
4. Accounts and Account Security
4.1 Account Registration. You may be required to create an account to access certain features of the Services. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
4.2 Account Credentials. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us promptly of any unauthorized use of your account.
4.3 Account Suspension and Termination. We may suspend, restrict, or terminate your account at any time for any reason, including if we believe you have violated these Terms, applicable law, or our policies, or if your account is inactive.
5. Orders, Acceptance, and Pricing
5.1 Order Submission. Your submission of an Order constitutes an offer to purchase. No Order is binding on us until we accept it. We may accept your Order by, among other means, sending an order confirmation, charging your payment method, or shipping the Products. We may decline any Order in our sole discretion.
5.2 Order Confirmation. An order confirmation does not constitute acceptance unless and until we have verified availability, pricing, and your payment information. We may cancel or modify your Order if any of these are inaccurate or cannot be confirmed.
5.3 Pricing Errors. Pricing on the Services may contain errors. If we determine that a Product was offered at an incorrect price (whether due to typographical, technical, or supplier error), we reserve the right to cancel any affected Order or to contact you with a corrected price for your approval before proceeding.
5.4 Pricing Changes. All prices are subject to change without notice. The price applicable to your Order is the price displayed at the time we accept your Order.
5.5 Availability. All Products are subject to availability. We may discontinue any Product or impose limits on quantities at any time.
5.6 Promotions and Discounts. Promotions, coupons, and discount codes are subject to their specific terms, including expiration dates and category exclusions. Unless otherwise stated, promotions cannot be combined and have no cash value.
5.7 Taxes. Prices displayed are exclusive of taxes unless stated otherwise. You are responsible for all applicable sales, use, value-added, and similar taxes, and for any import duties or customs charges. We will collect sales tax as required by law. Tax-exempt purchasers must submit the applicable exemption certificate before tax-exempt status can be applied and we cannot refund taxes paid after the fact.
6. Payment
6.1 Payment Methods. We accept the payment methods displayed at checkout. Payment must be made in U.S. dollars unless otherwise stated.
6.2 Authorization. By providing payment information, you authorize us (and our payment processors) to charge your payment method for all amounts due, including taxes and shipping. If your payment method is declined, we may attempt to contact you; if we cannot reach you, your Order may be canceled.
6.3 Stored Payment Information. If you elect to store payment information for future purchases, you authorize us to maintain such information in accordance with applicable law and our Privacy Policy.
6.4 Wholesale Payment Terms. Wholesale Customers approved for credit terms are subject to the payment terms set forth in the executed credit application and wholesale agreement, which supersede the payment terms in this Section 6 to the extent of any conflict.
7. Shipping; Title; Risk of Loss
7.1 Shipping Methods. Shipping methods, carriers, and zones available for each Site are set forth in the applicable Brand Schedule. Shipping charges are calculated at checkout based on destination, weight, dimensions, and selected method.
7.2 Estimated Delivery. Delivery estimates are good-faith approximations and not guarantees. We are not liable for delays caused by carriers, customs, weather, force majeure events, or other circumstances beyond our reasonable control.
7.3 Title and Risk of Loss. Title to and risk of loss of Products pass to you upon our delivery of the Products to the carrier at our facility. You are responsible for filing claims with the carrier for loss or damage occurring in transit, subject to the claims procedure set forth in our Refund and Return Policy.
7.4 Refused and Undeliverable Shipments. Refused or undeliverable shipments are subject to the restocking fee and freight charge provisions set forth in our Refund and Return Policy and the applicable Brand Schedule.
7.5 Oversize and Fragile Items. Certain Products, including framed items containing glass with dimensions exceeding 16" by 20", are subject to shipping restrictions and may be excluded from certain carriers or from coverage for in-transit damage. The applicable Brand Schedule sets forth these limitations.
8. Returns and Refunds
Our Refund and Return Policy is incorporated by reference into these Terms and governs returns, replacements, and refunds. The Refund and Return Policy, together with the applicable Brand Schedule, sets forth the procedures and limitations applicable to defective Products, damaged Products, Custom Products, and other categories of returns.
9. Gift Cards
9.1 Issuance and Redemption. Gift Cards may be purchased through the Services and redeemed toward the purchase of Products on the issuing Site (and on related Craig Frames Sites if expressly so designated at the time of issuance). Gift Card values are denominated in U.S. dollars.
9.2 No Expiration; No Service Fees. Gift Cards do not expire and are not subject to dormancy, inactivity, or service fees, except to the extent permitted by applicable state law. Gift Cards have no cash value except as required by applicable state law (which in some states requires cash redemption of small remaining balances upon request).
9.3 Non-Reloadable; Non-Transferable. Unless otherwise expressly stated at the time of issuance, Gift Cards are non-reloadable and may not be transferred or resold without our prior written consent.
9.4 Use with Promotions and Wholesale. Gift Cards may not be used to purchase additional Gift Cards. Gift Cards may not be combined with other promotions unless expressly permitted. Gift Cards are not redeemable for Wholesale Orders unless the holder is an approved Wholesale Customer purchasing for personal (non-resale) use.
9.5 Lost, Stolen, or Damaged Gift Cards. We are not responsible for lost, stolen, damaged, or unauthorized use of Gift Cards. Replacement of a lost or stolen Gift Card is at our sole discretion and may require proof of purchase.
9.6 Fraud and Compliance. We reserve the right to suspend or cancel Gift Cards in the event of suspected fraud, abuse, or violation of these Terms or applicable law.
9.7 State-Specific Rights. Some states provide additional consumer protections for Gift Cards, including limits on expiration and fees, and rights to cash redemption of remaining balances below a statutory threshold. Nothing in this Section 9 limits any non-waivable right you have under applicable state law.
10. Custom Products and Made-to-Order Sales
10.1 As-Is Sale. Custom Products are made to order based on your specifications and are sold AS-IS. Custom Products are not eligible for return or refund except in the case of a manufacturing defect or our error, as set forth in our Refund and Return Policy.
10.2 Sample Program. Where a sample program is offered for a particular Site, the terms of that program are set forth in the applicable Brand Schedule. We strongly encourage Customers to use available sample programs before placing a Custom Product Order.
10.3 Order Changes. Once a Custom Product Order has entered production, we cannot guarantee that changes or cancellations can be accommodated. Please contact us at the number set forth in the applicable Brand Schedule as soon as possible if a change is needed.
11. User Content; Printing of User-Submitted Images
11.1 Your Representations. By submitting User Content (including images for printing on Custom Products), you represent and warrant that: (a) you own or hold all rights necessary to submit the User Content for the purposes contemplated, including all rights under copyright, trademark, right of publicity, and other intellectual property and proprietary rights; (b) the User Content does not infringe, misappropriate, or violate the rights of any third party; (c) the User Content is not obscene, defamatory, threatening, harassing, unlawful, or otherwise objectionable; (d) the User Content does not depict any minor in a sexually suggestive or exploitative manner; and (e) the User Content complies with all applicable laws.
11.2 License to Craig Frames. You grant Craig Frames a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display the User Content solely for the purpose of fulfilling your Order and as reasonably necessary to operate, maintain, and improve the Services. We claim no ownership interest in your User Content. We may retain copies of User Content as required by law or our reasonable business records.
11.3 Right to Refuse. We reserve the right (but not the obligation) to refuse to print any User Content for any reason, including if we believe in our reasonable judgment that the User Content violates these Terms, infringes the rights of a third party, or is unlawful, offensive, or harmful. We may require proof of ownership or right to use before releasing an Order into production.
11.4 No Pre-Screening. We are not obligated to pre-screen User Content and assume no responsibility for any User Content submitted by Customers. You acknowledge that you are solely responsible for your User Content.
11.5 Indemnification. You agree to indemnify and hold Craig Frames harmless from any claims arising out of or related to your User Content, as set forth in Section 18.
12. Copyright Complaints; DMCA Notice and Takedown
12.1 DMCA Designated Agent. Craig Frames complies with the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). Our designated agent for receipt of notifications of claimed infringement is registered with the U.S. Copyright Office. Notices may be sent to: DMCA Agent, Craig Frames, LLC, 140 Industrial Parkway, Ithaca, Michigan 48847; email: info@craigframes.com.
12.2 Notice Requirements. A DMCA notice must include: (a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and its location on the Services sufficient to permit us to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
12.3 Counter-Notice. If you believe content was removed in error, you may submit a counter-notice to the address above containing the elements required by 17 U.S.C. § 512(g).
12.4 Repeat Infringers. We will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.
13. Our Intellectual Property
13.1 Ownership. The Services, including all content (other than User Content), software, designs, text, graphics, images, logos, and trademarks displayed on the Services, are owned by Craig Frames or its licensors and are protected by U.S. and international intellectual property laws.
13.2 Limited License to You. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for the purpose of browsing and purchasing Products for your personal or internal business use. This license does not include any right to resell, copy, distribute, or create derivative works of the Services or any content thereon.
13.3 Trademarks. "Frame USA," "Craig Frames," and our logos are trademarks or service marks of Craig Frames or its affiliates. Other trademarks displayed on the Services are the property of their respective owners. You may not use our trademarks without our prior written consent.
14. Acceptable Use
You agree not to: (a) use the Services in violation of any applicable law or regulation; (b) interfere with, disrupt, or attempt to gain unauthorized access to the Services or any account, computer system, or network connected to the Services; (c) use any robot, spider, scraper, or other automated means to access the Services other than as expressly permitted; (d) impersonate any person or entity or misrepresent your affiliation; (e) collect or harvest personal information from other users; (f) use the Services to transmit any malware, virus, or other harmful code; (g) post, transmit, or distribute any User Content that violates Section 11.1; or (h) use the Services to engage in fraudulent activity or violate the rights of third parties.
15. Wholesale and Business-to-Business Sales
15.1 Wholesale Qualification. Wholesale pricing and credit terms are available only to Customers who have been approved by Craig Frames pursuant to a separate credit application and wholesale agreement (collectively, the "Wholesale Agreement"). To the extent of any conflict between these Terms and an executed Wholesale Agreement with respect to a particular Wholesale Customer, the Wholesale Agreement controls.
15.2 Business Purchases. Wholesale Customers represent that they are purchasing Products for business use and not as Consumers.
15.3 B2B Dispute Resolution Carve-Out. The mandatory arbitration and class action waiver provisions in Section 20 do not apply to Wholesale Customers acting in the course of their business. Disputes between Craig Frames and a Wholesale Customer arising in the course of a wholesale transaction will be governed by the Wholesale Agreement and resolved in the Delaware courts as set forth in Section 21.
15.4 Resale Restrictions. Wholesale Customers may resell Products in the ordinary course of their business but may not use Craig Frames trademarks (other than to identify the Products) without our prior written consent.
16. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CRAIG FRAMES DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability
17.1 Consequential Damages Exclusion.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRAIG FRAMES, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 Aggregate Liability Cap.
SUBJECT TO SECTION 17.3, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17.3 Carve-Outs from Limitation of Liability. The limitations and exclusions in Sections 17.1 and 17.2 do not apply to: (a) your obligations to indemnify Craig Frames under Section 18; (b) liability for gross negligence, willful misconduct, or fraud; (c) liability for infringement, misappropriation, or violation of intellectual property rights; (d) breach of confidentiality obligations; (e) Craig Frames's express obligations under the limited warranty for defective Products set forth in Section 2 of the Refund and Return Policy; (f) Craig Frames's obligations with respect to Gift Card balances under applicable state law; or (g) liability that cannot be limited or excluded under applicable law.
17.4 Essential Purpose. The limitations and exclusions in this Section 17 will apply notwithstanding the failure of essential purpose of any limited remedy provided in these Terms.
18. Indemnification
You agree to defend, indemnify, and hold harmless Craig Frames and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Services; (b) your breach of these Terms; (c) your User Content; (d) your violation of any applicable law or third-party right; or (e) your misuse of any Product. Your obligations under this Section 18 are not subject to the limitations in Section 17.2, as expressly provided in Section 17.3(a). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
19. Modifications; Termination
19.1 Changes to These Terms. We may modify these Terms from time to time. We will provide notice of material changes by posting the revised Terms on the Services with a new "Effective Date," and where appropriate by email to registered account holders. Changes will be effective upon posting unless a later effective date is stated. Your continued use of the Services after the Effective Date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.
19.2 Material Changes to Arbitration Provision. If we materially change Section 20 (Dispute Resolution), you may reject the change by sending us written notice within 30 days of the Effective Date of the change to the address in Section 25, in which case Section 20 as in effect immediately before the change will continue to apply.
19.3 Termination by You. You may stop using the Services at any time. Termination does not relieve you of obligations incurred before termination.
19.4 Termination by Us. We may terminate or suspend your access to the Services at any time, with or without cause and with or without notice.
19.5 Survival. Sections 7.3, 8, 9, 11, 12, 13, 15.4, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 survive termination of these Terms.
20. Dispute Resolution
; Binding Arbitration; Class Action Waiver
THIS SECTION 20 REQUIRES MOST DISPUTES BETWEEN YOU AND CRAIG FRAMES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS-WIDE ARBITRATION, OR REPRESENTATIVE ACTION. IT APPLIES TO U.S. CONSUMERS AND DOES NOT APPLY TO WHOLESALE CUSTOMERS ACTING IN THE COURSE OF BUSINESS (SEE SECTION 15.3). YOU MAY OPT OUT WITHIN 30 DAYS OF FIRST AGREEING TO THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 20.6. CERTAIN CARVE-OUTS APPLY (SEE SECTIONS 20.9 AND 20.10).
20.1 Informal Dispute Resolution. Before initiating arbitration, you agree to first contact us at the address in Section 25 and provide a written description of the dispute and your requested relief. The parties agree to attempt in good faith to resolve the dispute informally for at least 60 days after the date of the notice before initiating arbitration.
20.2 Agreement to Arbitrate. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any Product, including the validity, enforceability, or scope of this Section 20 (collectively, "Disputes"), will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by this Section 20. The AAA rules are available at www.adr.org.
20.3 Arbitration Procedure. The arbitration will be conducted by a single neutral arbitrator. The arbitration will take place in the county of your residence, or by telephone or video conference at your election. The arbitrator will have exclusive authority to resolve all Disputes, including any claim that this Section 20 is invalid or unenforceable. The arbitrator may award any relief that a court of competent jurisdiction could award, except as limited by this Section 20. Judgment on the award may be entered in any court of competent jurisdiction.
20.4 Class Action Waiver. YOU AND CRAIG FRAMES AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court determines that this class action waiver is unenforceable, then the entirety of this Section 20 (except the small claims carve-out in Section 20.5, the opt-out in Section 20.6, the IP-enforcement carve-out in Section 20.9, and the California public-injunctive-relief carve-out in Section 20.10) will be void, but the remainder of these Terms will remain in full force and effect.
20.5 Small Claims Court. Notwithstanding the foregoing, either party may bring an individual claim in small claims court of competent jurisdiction if the claim qualifies and is brought only on an individual basis.
20.6 30-Day Right to Opt Out. You may opt out of this Section 20 by sending written notice of your decision to opt out to Craig Frames, LLC, Attn: Legal — Arbitration Opt-Out, 140 Industrial Parkway, Ithaca, Michigan 48847, or by email to info@craigframes.com, within 30 days after the date you first agreed to these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, Section 20 will not apply to you, but the remainder of these Terms will continue to apply.
20.7 Fees and Costs. AAA filing, administration, and arbitrator fees will be allocated according to the AAA Consumer Arbitration Rules. If you are unable to pay your share of the fees, we will pay your share if you so request in writing and confirm your inability to pay.
20.8 Federal Arbitration Act. This Section 20 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
20.9 IP and Collection Carve-Outs. Notwithstanding the foregoing, either party may bring an action in court to (a) enforce intellectual property rights, including by seeking injunctive relief, or (b) collect amounts owed for purchased Products in default.
20.10 California Public Injunctive Relief Carve-Out. Notwithstanding any other provision of this Section 20, nothing in these Terms prevents either party from seeking public injunctive relief in court on behalf of the general public to the extent required by California law (see McGill v. Citibank, N.A., 2 Cal.5th 945 (2017)). If a court of competent jurisdiction finds that this Section 20 cannot be enforced as to a particular claim or remedy that constitutes public injunctive relief, that claim or remedy will be severed from arbitration and resolved in court in accordance with Section 21, and the remainder of this Section 20 will remain in full force and effect as to all other claims and remedies.
20.11 Coordinated and Mass Arbitration Filings. If twenty-five (25) or more substantially similar arbitration demands are filed by or on behalf of claimants represented by the same counsel or coordinated counsel within a ninety (90) day period, the parties agree that AAA's Mass Arbitration Supplementary Rules (or any successor protocol designated by AAA) will apply. In such event, the parties will use good-faith efforts to select a small number of representative bellwether arbitrations (typically between five and ten) to proceed first, with the remaining arbitrations stayed pending the outcome of the bellwethers. The bellwether outcomes will inform the parties' good-faith efforts to resolve the remaining claims. Nothing in this Section 20.11 is intended to delay the resolution of any individual claim beyond what is necessary to administer the bellwether process.
21. Governing Law; Venue
21.1 Governing Law. These Terms and any Dispute will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, and where applicable, the Federal Arbitration Act.
21.2 Venue for Non-Arbitrable Matters. For any Dispute not subject to arbitration under Section 20 (including B2B disputes, the carve-outs in Sections 20.9 and 20.10, and any other matter that is not arbitrable), the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New Castle County, Delaware.
22. Notices; Electronic Communications
22.1 Notices to You. We may provide notices to you by email, by posting on the Services, or by other reasonable means. You consent to receive notices and other communications from us electronically.
22.2 Notices to Us. Except as otherwise provided in these Terms, notices to us must be sent to Craig Frames, LLC, Attn: Legal, 140 Industrial Parkway, Ithaca, Michigan 48847, or by email to info@craigframes.com.
22.3 SMS Marketing. If you opt in to SMS marketing through the Services, separate SMS terms (the "SMS Terms") provided at the point of opt-in govern that program. Standard message and data rates may apply. You may opt out at any time by replying STOP to any message.
22.4 Email Marketing. If you opt in to email marketing, you may opt out at any time using the unsubscribe link in any marketing email, in accordance with the CAN-SPAM Act.
23. Accessibility
Craig Frames is committed to making the Services accessible to individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.2 Level AA, the current W3C recommendation as of October 2023, which supersedes WCAG 2.1. If you encounter accessibility barriers using the Services or need an accommodation, please contact us at info@craigframes.com or 1-800-577-5920 and we will work to provide alternative means of access or to address the issue.
24. Force Majeure
We will not be liable for any delay or failure to perform under these Terms resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, pandemics, government action, carrier delays, labor disputes, supply shortages, internet or utility failures, fires, floods, or other natural disasters.
25. General
25.1 Entire Agreement. These Terms, together with our Privacy Policy, Refund and Return Policy, the applicable Brand Schedule, and any Wholesale Agreement applicable to you, constitute the entire agreement between you and Craig Frames regarding your use of the Services and supersede any prior agreements.
25.2 Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
25.3 No Waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision.
25.4 Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any purported assignment in violation of this Section is void.
25.5 No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
25.6 Headings. Headings are for convenience only and do not affect interpretation.
25.7 Contact. Questions about these Terms may be directed to info@craigframes.com or by mail to the address in Section 22.2.
25.8 Brand Schedules. The Brand Schedule set forth in Part II is incorporated into and forms part of these Terms. To the extent of any conflict between Part I and Part II of these Terms, Part II controls.
PART II — CRAIG FRAMES-SPECIFIC TERMS
Brand-Specific Terms for craigframes.com, Incorporated Into and Forming Part of These Terms and Conditions
1. Identifying Information
1.1 Site. craigframes.com
1.2 Operating Entity. Craig Frames, LLC, a Delaware limited liability company.
1.3 Principal Office. 140 Industrial Parkway, Ithaca, Michigan 48847.
1.4 Customer Service Contact. Telephone: 1-877-875-6641. Email: info@craigframes.com.
1.5 Business Hours. Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time, excluding U.S. federal holidays.
2. Customer Category
The Craig Frames Site sells direct to consumers and small businesses. Wholesale credit accounts are not currently offered through craigframes.com; Customers interested in wholesale relationships are directed to the Frame USA Site at frameusa.com (see the Frame USA Terms and Conditions).
3. Custom Products and Configurators
A substantial majority of Products available through craigframes.com are Custom Products, including custom-sized frames, mats, and items configured through the Design A Frame and Mat Designer tools. Custom Products are sold AS-IS and are not eligible for return except for manufacturing defect or Craig Frames error.
4. Tax-Exempt Purchasing
Tax-exempt purchasers must complete the Tax Exemption Form (available on the Site) prior to placing an Order under tax-exempt status. Confirmation of approved tax-exempt status will be provided by email. Tax will be collected as required by law on Orders placed before approval is processed.
5. Shipping
5.1 Carriers. Orders to physical addresses in the contiguous 48 states are shipped via FedEx Ground, free of charge, unless otherwise specified at checkout; expedited shipping (FedEx 2Day) is also available at checkout for an additional charge. Orders to Hawaii are shipped via FedEx 2Day. Orders to Alaska are shipped via standard ground service. Orders to Canada are shipped via FedEx Express, and shipping charges for Canadian orders include duties and customs fees.
5.2 Restricted Destinations. We do not currently ship to P.O. boxes or APO/FPO addresses; orders to Hawaii, Alaska, or Canada that do not provide a valid physical street address will be canceled. Outside of Canada, international shipping is not available through craigframes.com.
5.3 Residential and Oversize. Residential delivery and oversize Products may be subject to additional freight charges, which will be calculated at checkout.
6. Oversize and Fragile Items; Glass Limitation
Craig Frames does not ship framed items containing glass with dimensions exceeding 16" by 20" via UPS or FedEx, and is not responsible for damage to any such item shipped through those carriers.
7. Order Changes and Cancellations
Most Craig Frames Products are Custom Products and move quickly into production. Once an Order has entered production, we cannot guarantee that changes or cancellations can be accommodated. Please contact Customer Service at 1-877-875-6641 or info@craigframes.com as soon as possible if a change is needed.
8. Refused and Undeliverable Shipments
Refused or undeliverable shipments are subject to a restocking fee equal to twenty-five percent (25%) of the Product price. Original freight charges are not refundable. Please contact Customer Service at 1-877-875-6641 before refusing a shipment so that we may attempt to resolve any issue.
9. Returns of Non-Defective Products
Non-defective, non-Custom Products may be returned within thirty (30) days of delivery. This Section 9 supersedes Section 4.3 of the Craig Frames Return Policy with respect to craigframes.com: in place of the 25% restocking fee described there, if the return is not the result of Craig Frames error (for example, buyer's remorse), a flat fee of $4.99 per return label issued will be deducted from the refund. If the return results from Craig Frames error (an incorrect or defective item, etc.), Craig Frames will pay the return shipping cost and no fee will be deducted. Custom Products remain sold AS-IS and are not eligible for return except for manufacturing defect or Craig Frames error.
10. Limited Warranty for Defective Products
Any defect in a Product must be reported to Customer Service within thirty (30) days of receipt of the Product. Confirmed defective Products will be replaced with a new and identical Product or part at no charge. Replacements ship within three (3) business days of confirmation. Custom Products are sold AS-IS and are not covered by this limited warranty.
11. Claims for Damage in Transit
Damage in transit must be reported to Customer Service at 1-877-875-6641 within forty-eight (48) hours of receipt of the package. Craig Frames will file a claim with the carrier on the Customer's behalf. The Customer must retain all original packaging until the claim is resolved. We are not responsible for damage to any framed item containing glass with dimensions exceeding 16" by 20" shipped via UPS or FedEx (see Section 6).
12. Part II Effective Date
This Part II is effective as of the Effective Date of these Terms.