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| TERMS AND CONDITIONS OF USE |
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PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a
service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms
of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you
do not agree to the terms and conditions, you should not review information or obtain goods, services or products
from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
- Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions
of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time
without specific notice to you. The latest Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
- Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered
trademarks and other proprietary (including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by
Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials.
- Fraud. By becoming a member, you confirm that the information provided in this form is true and that
you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be
cancelled without notice if it is determined that false or misleading information has been provided, the Terms and
Conditions of use have been violated, or other abuses have occurred as determined by The Stitch ‘N Frame Shop
in its sole discretion. If membership has been revoked, The Stitch ‘N Frame Shop reserves the right to refuse
application or readmission to the membership program.
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and
not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.
No part of any content, form or document may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site, including this Agreement, without further notice
to users of the Site.
- Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and
affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
- Nontransferable. Your right to use the Site is not transferable. Any password or right given to you
to obtain information or documents is not transferable and may only be used by you.
- Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE
OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Limits. All responsibility or liability for any damages caused by viruses contained within the
electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our
maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods,
services or information.
- Use of Information. We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in any manner consistent with our
Privacy Policy.
- Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from
which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party to the transactions entered into
between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. We are not responsible for information provided
by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
- Privacy Policy. Our Privacy Policy
may change from time to time and is a part of this Agreement.
- Payments. You represent and warrant that if you are purchasing something from us or from our
Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred
by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the
posted prices, including any shipping fees and applicable taxes.
- Securities Laws. This Site may include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our products or services, as well as our intentions,
plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our
Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar
expressions are intended to identify forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information contained herein does not constitute an
offer or a solicitation of an offer for sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or
documents.
- Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored
or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
- Submissions. All suggestions, ideas, notes, concepts and other information you may from time to
time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not
be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own
all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled
to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
- Return Policy. Due to the nature of our online site, and the products listed, we The Stitch ‘N
Frame Shop have a strict NO RETURN policy for any product. No product shall be able to be returned for a like
item, or for a cash refund. ( THIS SECTION CAN BE CHANGED AS TO YOUR RETURN POLICY)
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY
OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL
BE LITIGATED IN THE CIRCUIT COURT OF Shelby County, THE STATE OF TENNESSEE OR THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF THE STATE OF TENNESSEE. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH
JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT ARLINGTON,
THE STATE OF TENNESSEE OR THE DISTRICT OF THE STATE OF TENNESSEE IS AN INCONVENIENT FORUM OR AN IMPROPER
FORUM BASED ON LACK OF VENUE. This site is created and controlled by The Stitch ‘N Frame Shop
in the State of Tennessee, USA. As such, the laws of THE STATE OF TENNESSEE will govern the terms and
conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any
principles of conflicts of laws.
- Lapsed Accounts. In order to keep The Stitch ‘N Frame Shop membership roster current, if a
Member does not access his or her account for a period of 6 months or more, The Stitch ‘N Frame Shop may,
in its sole discretion, terminate such Member's account. The Stitch ‘N Frame Shop will endeavor to notify
a Member of The Stitch ‘N Frame Shop intent to terminate such Member's account by notice to such Member's
provided email address at least 7 days prior to deactivation. If the Member fails to respond to such email notice
within 14 days after the day it is sent by The Stitch ‘N Frame Shop, such Member's account will be
terminated as noted above. Therefore, The Stitch ‘N Frame Shop strongly recommends that all Members
keep their accounts and contact data current and in use. While The Stitch ‘N Frame Shop desires to prevent
active accounts from being terminated prematurely, The Stitch ‘N Frame Shop has no obligation to maintain
accounts that appear to The Stitch ‘N Frame Shop to have been abandoned. Each Member agrees that failure
to access his or her account for 6 months or more conclusively indicates that such Member's account has been
abandoned and that the account may therefore be terminated.
- Verify Members' Address. The Stitch ‘N Frame Shop reserves the right to contact a Member
via email to verify the accuracy of account information (including the Member's correct name and address)
that is needed to provide the Member with the information he or she requested from The Stitch ‘N Frame Shop.
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