Terms and Conditions of Website Use
These Terms and Conditions may change as needed and changes are effective upon posting on the Website. Please check back frequently for updates as it is your sole responsibility to be aware of changes. We do not provide notices of changes in any manner other than by posting the changes at this Website.
The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason. You hereby warrant and represent that you have the legal capacity to enter into agreements of this nature. The Company makes no representation or warranty that the content published on this site complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT use this Service or this Website.
Use of Material. The contents of the Website, such as text, graphics, images, logos, button icons, software and other content (the "Material"), are protected by applicable intellectual property and other laws. All Material is the property of the Company or its content supplier, MAWebCenters. The compilation (meaning the collection, arrangement and assembly) of all content on the Websites is the exclusive property of the Company and are copyrights, trademarks, service marks, patents or other proprietary rights of the Company or their respective intellectual property owners. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original Material on any copy (permitted or not permitted) you make of any of the Material. Except as expressly authorized by the Company, You agree not to modify, copy, reproduce, sell, display, distribute, or create derivative works based on or contained within the Service or the Company’s Material, in whole or in part. The use of the Material on any other Website or in a networked computer environment for any purpose is prohibited.
The Company grants you a personal, non-transferable and non-exclusive right and license to use the Material on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, decompile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Material. You agree not to modify the Material in any manner or form, or to use modified versions of the Material, including, without limitation, for the purpose of obtaining unauthorized access to the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
The Company reserves the right to terminate the accounts of Users who violate this Agreement.
Respect of Other’s Copyrights. The Company respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of trademarked or copyrighted works constitutes infringement of the owner's rights. As a condition to your use of the Website, you agree not to use the Websites to infringe the intellectual property rights of others in any way. The Company will assist the respective owners of the various intellectual properties in order that they may protect their rights to the fullest extent of both domestic and international law. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to any User.
Acceptable Site Use. The Websites may be used only for lawful purposes by individuals seeking to find out more information or purchase the various products offered on the Website.
Prohibited Uses of the Website. Users may not use or reference the Company's Website in order to transmit, distribute, store or destroy material in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from:
(a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Websites, overloading, "flooding," "spamming," "mailbombing" or "crashing";
(d) sending unsolicited email, including promotions and/or advertising of products or services;
(e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
(f) using any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or any activity being conducted on the Websites;
(g) taking any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure;
(h) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars and intelligent agents) to navigate or search the Websites other than the search engine and search agents available from the Company on the Websites as well as generally available third-party Web browsers;
(i) attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Websites;
(j) aggregating, copying or duplicating in any manner any of the materials or information available from the Websites;
(k) framing of or linking to any of the materials or information available from the Websites unless authorized to do so;
(l) providing false information of any kind.
The Company reserves the right to terminate the accounts of Users found to be engaging in any of these prohibited uses. Violations of this Agreement may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
User Information. When you purchase a product or service from the Company, you may be asked to provide the Company with certain personal information including, without limitation, a valid email address, home address, shipping address, home phone number, work phone number, and a password to access this information on return visits ("Personal Information"). Please review the Privacy Policies found on the Website to understand how the Company uses your Personal Information.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Company sells products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with involvement of a parent or guardian. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Shipping. All items purchased from the Company are made pursuant to a shipment contract, and the risk of loss and title for such items pass to you upon our delivery to the carrier. The Company ships most items via UPS unless otherwise noted or the entire shipping package measures less than 1 pound in weight. Please be aware that UPS and FedEx do not ship to PO boxes. If you include a PO box in your address items will be shipped via USPS. Currently the Company only ships to locations within the United States and Canada.
Product Descriptions. The Company attempts to be as accurate as possible when describing items for sale on the Website. The Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Company is not as described, your sole remedy is to return it in unused condition pursuant with the company’s Return Policy.
Return Policy. All items on our web site have a 30 day return policy. For any return please contact the Company via firstname.lastname@example.org or by phone at 1-800-831-1492 to explain the problem and the reason you wish to return or exchange the item. The Company does not accept returns unless you utilize one of these two contact methods first. Shipping is non-refundable and items purchased with free shipping will have actual shipping charges deducted from refunded amount. All contents originally in package (instruction manual, warranty card, accessories, etc.) must be returned with the package and all items must be in the original manufacturer’s packaging. Any product returned with missing items will have the full retail value of that item deducted from the amount refunded. Extended warranties are also non-refundable and items with free extended warranties will have the retail value of the extended warrantied deducted from the amount refunded.
If an item is defective please notify the Company immediately so the Company may arrange for a replacement or refund of that item.
Non-returnable items are:
- Any item without original packaging;
- All software (sewing software, embroidery software, etc.);
- Extended Warranties;
- Any special ordered items;
- Any item for a sewing machine that requires your input on sewing machine make and model;
- All thread.
Note: Sewing machines are not for “commercial” or “industrial” use unless clearly stated. Any machine that shows signs of abuse or commercial use will void warranties and cannot be returned.
Pricing. Except where noted otherwise, the Price displayed for products on the Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice.
Prices for items may change from time to time and the Company does not warrant the Price of an item beyond a singular shopping session that ends when you navigate away from the Website. The Company cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Tax-exempt Sales. The Company does not provide for tax-exempt sales via the website for customers residing in the state of Florida. Any tax-exempt orders should be made by contacting a member of the Company’s staff through either the email at email@example.com, or by phone at 1-800-831-1492.
Blog Comments. Comments, suggestions, reviews, or other content may be posted by you to the Company’s blog. By doing so you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Copmany the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Amazon for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE MATERIAL, SERVICE, AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT AND WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
DISCLAIMER OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE COMPANY’S SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, ACT OF GOD/ACT OF NATURE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
THE COMPANY DOES NOT RENDER LEGAL OR FINANCIAL ADVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, LOSS OR RISK INCURRED DIRECTLY OR INDIRECTLY BY THE USE OF THE WEBSITES, MATERIAL, AND SERVICE. IF YOU NEED LEGAL OR FINANCIAL ADVICE, PLEASE CONTACT QUALIFIED PROFESSIONALS IN YOUR AREA.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to Other Sites. The Website may contain links to third-party websites, such as for products the Company sells or through the Website’s blog. The Company provides these links as a convenience only and does not endorse any of these sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk.
No Resale or Unauthorized Commercial Use. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to the Websites, Service or Material.
Termination. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies upon any breach by a User of this Agreement or if the Company is unable to verify or authenticate any information a User submits to the Website.
Indemnity. You agree to indemnify and hold the Company, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service or Material, the violation of the Agreement by you, or the infringement by you, or any other user of the Service or Material using your computer, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Reserved Right of Refusal. The Company, in its sole discretion, reserves the right to refuse fulfillment of your order, or refuse you any involvement with the Service or Material, or to delete your assigned User name and password if you breach any of the terms of this Agreement.
Modifications to Terms and Conditions. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service or Material (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or any Material.
Email Policy. If you receive an email from the Company, your email address was obtained as a result of your express and voluntarily request to receive information from the Company. Each email sent contains an automated method to “opt out” of receiving additional emails from the Company or its affiliates. If you no longer wish to receive emails from the Company or its affiliates, please follow the instructions at the end of any email.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and the Company and govern your use of the Services and Materials, superseding any prior version of this Terms and Conditions between you and the Company. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. This Agreement and the relationship between the parties will be exclusively governed by and interpreted in accordance with the laws of the State of Florida, without regard to the conflicts of laws principles thereof. The parties agree that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement, or the relationship between you and the Company shall be brought exclusively in the courts located in Orange county Florida or the U.S. District Court for the Middle District of Florida. You agree to submit to the personal jurisdiction of the courts located within Orange county Florida or the Middle District of Florida, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT THE COMPANY’S PLACE OF BUSINESS IN MAITLAND, FLORIDA AND ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN ORANGE COUNTY FLORIDA.
Captions. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Materials, or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.