You may be referred to as Licensee. The terms 'You' or 'Licensee' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
I may be referred to as Licensor. The terms 'I,' 'Me,' or 'Licensor' includes myself, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
ALL CONTENT IS PROVIDED "AS IS" AND ANY AND ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
My cumulative liability to you or anyone else for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement or use of the content or website shall not exceed the amount you have paid to us for the product or service. In no event shall I be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if I have been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for any breach of this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. There is no promise or representation that you will become a better quilter as a result of using my products or services. As with any skilled ability, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond my control, including variables I or you have not anticipated. There are no guarantees concerning the level of success you may experience with any project described or sold here. Each person's results will vary.
The use of our information, products and services should be based on your own due diligence and you agree that I am not liable for your success or failure.
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others.
You will not give others access to your username and password.
You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory, harassing, belongs to someone else, is obscene or pornographic
You will not provide false or misleading information to us.
Consent to Use Information
When you communicate with us, send us information, or provide content to us or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
We respect your interest in your privacy and as a result I have created this informational disclosure.
I collect and use personal information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand my customer needs; to provide a better website, products and services; to communicate with customers and potential customers regarding my products and services and third party products and services.
Generally, your private information will only be disclosed to myself, employees, independent contractors, subsidiaries, partners, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, acting on my behalf or request.
Financial Information for Billing Purposes
I sell products and services. When sales are made, financial information must be disclosed. This information can include any number of facts you are asked to provide, but most commonly includes your name, financial / credit card information, billing address, and email address. Generally, this purchase information will be provided by you to a third party payment processor and I do not receive your financial / credit card information.
In the event I do receive financial / credit card information, we will not disclose it to anyone unless disclosure is required by law or a court order, or unless disclosure is required to address an issue implicated by the financial transaction. If you claim that your financial information was used to make a purchase you did not authorize, details about the financial transaction may be disclosed to law enforcement and anyone else I deem necessary to address the matter.
Use of eMail Addresses and other Contact Information
An important part of my services includes being able to provide information to you. As a result, you expressly consent to receiving communications from us via email, fax, telephone, mail, or any other delivery method.
As a customer you are agreeing to receive information about the product or service you purchased. This may include, but is not limited to, information about product or service updates, new features, or information we believe you may find interesting.
I may also send you information about other products and services my company offers.
I will not sell, provide, or transfer your email address to others.
I may allow advertising to my customers, or engage in joint ventures, which result in your receiving advertisements from selected third parties.
Identification of Purchasers
If you purchase one of my products or services, you authorize me to use your name and identification information in advertising or promotions.
I also use personal information in an aggregate form (i.e., not individually attributable to you) for business analysis, operational, marketing and other promotional purposes.
Disclosure by Necessity
Private information may be disclosed if required by a court order, statute, law, or regulation.
Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of your use this website or our products or services, or rights of any third party.
Information is also subject to disclosure if we believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interfering (either intentionally or unintentionally) with my rights or property, your rights or property, other users of my website, products or services, or anyone else.
As we continue to develop our business, my affiliates or I may sell or buy other businesses or entities, or I may merge with another company, or be bought by another company. In such transactions, personal information may be one of the transferred assets.
Your information may be stored and processed in any country in which we maintain facilities or conduct operations. By using my website, products and services, you consent to any such transfer of information outside of your country.
After your account becomes inactive your information may remain in our databases, computers, and archives, and cannot reasonably be expunged.
This Agreement in all respects shall be governed by and construed according to the laws of the State of North Carolina, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws principles.
This Agreement is entered into in Cleveland County, North Carolina. You consent to the exclusive jurisdiction of North Carolina for any dispute arising from or related to this Agreement.
You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Cleveland County, North Carolina.
Should any term of this Agreement be declared void or unenforceable, that term shall be severed from the Agreement such declaration shall have no effect on the enforceability of the remaining terms.
This Agreement contains the complete and entire understanding and agreement between you and me and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, implied, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by me at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by me.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
Date of this Agreement: May 25, 2008
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