Quiltalicious. owner of QuiltShopMarketing.com
(referred to herein as "QuiltShopMarketing.com," “Quilt
Shop Marketing,” "We," "Us", “Website” or collectively,
This page states the "Terms and Conditions" of
Quiltalicious under which You, (the “User”), may
use QuiltShopMarketing.com, (the "Website") and any
good, service or information available on the Website.
The Terms and Conditions are a legally binding contract.
By using this Website, You are indicating Your
acceptance to be bound by the terms of these Terms and
Conditions and are indicating that You are at least
eighteen (18) years old.
QuiltShopMarketing.com, a division of Quiltalicious, (the "Company") may revise these Terms and
Conditions at any time by updating this page. It is
advised that the User periodically review the Terms and
Conditions, because they are binding on the User. If at
any time You find the Agreement unacceptable, You should
no longer use the Website. The terms "You" and "User" as
used herein refer to all individuals and/or the entities
they represent (jointly and severally) accessing this
Website for any reason and include, but are not limited
to, "Quilt Shops" (person(s) or entity that is accessing
the Website to obtain information about starting or
operating a quilt shop). These Terms and
Conditions are effective as of September 1, 2008.
Use of Material. The Company authorizes You to view the
Material (defined below) on the Website and in emails
from the Company solely for the purpose of enhancing
your knowledge and growing your quilt shop.
The compilation (meaning the collection, arrangement and
assembly) of all content on this Website is the
exclusive property of the Company and protected by
copyright laws. 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 You make of the Material. You may not sell
or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in
any way for any public or commercial purpose not
"frame" the Materials or display the Material through
any other URL or in conjunction with another company
name or trademark. You shall not copy the HTML code that
the Company creates to generate its Web pages.
The Website is intended for quilt shops looking for ways
to grow their shops and sales. You may use this
Website only for lawful purposes within the stated
context of the Website's intended and acceptable use.
QuiltShopMarketing.com is the sole interpreter of the
Website's intended and acceptable use. As a quilt
member, this authorizes You to view the material on the
Website and in emails from the Company solely for your
quilt shop use. Your use of the Website is a privilege.
QuiltShopMarketing.com reserves the right to suspend or
terminate that privilege for any reason at any time, in
its sole discretion.
Intellectual Property Rights. The Website and all
owner-created content are the right, title and interest
in and to the Website is the sole property of
QuiltShopMarketing.com, a division of Quiltalicious
or its licensors, and is protected by U.S. copyright and
international treaties. Except for the limited licenses
expressly granted to you in these Terms and Conditions,
QuiltShopMarketing.com reserves for itself and its
licensors all other right, title and interest. Without
limitation on the foregoing, you may not reproduce,
modify, display, sell, or distribute the Content, or use
it in any other way for public or commercial purpose.
This includes copying or adapting the HTML code used to
generate Web pages on the Website, the Website's design
logo and certain other names or logos which are service
marks or trademarks of QuiltShopMarketing.com, and all
related product and service names, design marks and
slogans which are the service marks or trademarks of
QuiltShopMarketing.com. In addition, the "look" and
"feel" of the Website (including color combinations,
button shapes, layout, design and all other graphical
elements) are also protected by QuiltShopMarketing.com
trademarks, service marks and copyrights. All other
product and service marks contained on the Website are
the trademarks of their respective owners.
Registration & User Information. The Company may require
that You register and provide the Company with certain
information including, name, mailing address and a valid
e-mail address (Your "User Information"). The Company
will not ever disclose to any third party (other
than agents and subcontractors of Company) Your name,
mailing address, e-mail address or telephone number
without Your prior consent except as provided in these
necessary or appropriate to comply with applicable laws
or in legal proceedings where such information is
relevant. The Company may offer third party services and
products to You based on the preferences that You
provide in Your registration and at any time thereafter;
such offers may be made by the Company or by third
The Company may elect to, in its sole discretion,
investigate and take action based on allegations by a
(however, the Company is not required to do so). The
Company need not verify or assess the accuracy of any
User Content or User Information.
Nothing on the Website shall be considered an
endorsement, representation or warranty with respect to
any User or third party, whether in regards to its web
Website, products, services, experience, or otherwise.
The Material may contain inaccuracies or typographical
errors. QuiltShopMarketing.com makes no representations
about the accuracy, reliability, completeness, or
timeliness of the Website or the Material. The use of
the Website and the Material is at your own risk.
Changes are periodically made to the Website and may be
made at any time. You acknowledge and agree that you are
solely responsible for the form, content and accuracy of
any material contained therein placed by you on the
DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE
ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE
OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE WEBSITE, THE INTERNET GENERALLY, AND THE
DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND
OFF THE WEBSITE.
(b) IN NO EVENT SHALL QuiltShopMarketing.com (OR ANY OF
ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY
NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST
PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST
EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION)
RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH
THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS,
THE WEBSITE AND/OR ANY DOCUMENT, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT
www.QuiltShopMarketing.com IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF LIMITATION OR LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET
FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU.
IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY
REASON, THEN QuiltShopMarketing.com'S MAXIMUM LIABILITY
TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE
LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL
www.QuiltShopMarketing.com (OR ANY OF ITS OFFICERS,
DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS
OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN
EXCESS IN THE AGGREGATE OF US $200.00.
(e) Due to the nature of this Agreement, in addition to
money damages, you agree that QuiltShopMarketing.com
will be entitled to equitable relief upon a breach of
this agreement by you.
Promise Not to Sue & Indemnity. You promise not to sue
the Company and hereby waive any and all claims against
the Company from any liability arising out of or related
to the acts or omissions of other users. You agree to
defend, indemnify, and hold harmless the Company, its
officers, directors, employees and agents, from and
against any claims, actions or demands, including
without limitation reasonable legal and accounting fees,
alleging or resulting from Your breach of these Terms of
Use, or use of the Material or User Content. The Company
shall provide notice to You promptly of any such claim,
suit, or proceeding and shall assist You, at Your
expense, in defending any such claim, suit or
Links. The Website may contain links to third party
Websites as a convenience. The Company is not
responsible for the content of linked third party
Websites 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. You acknowledge
and agree that such links are provided for your
convenience and do not reflect any endorsement by
QuiltShopMarketing.com with respect to the provider of
such linked Website or the quality, reliability or any
other characteristic or feature of such linked Website
and QuiltShopMarketing.com is not responsible in any
manner (including without limitation with respect to any
loss or injury you suffer) for any matter associated
with the linked Website, including without limitation,
the content provided on or through any such linked
Website or your reliance thereon. QuiltShopMarketing.com
MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO
ANY LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS
SOLELY AT YOUR OWN RISK. In addition, you should be
aware that your use of any linked Website is subject to
the terms and conditions applicable to that Website.
No Resale or Unauthorized Use. You agree not to resell
or assign Your rights or obligations under these Term
and Conditions. You also agree not to make any
unauthorized use of the Website.
The Company reserves the right, at its sole discretion,
to terminate Your use of the Website at any time for any
reason, in which case, You would receive a refund for
any amounts paid for services not yet rendered if You
were in compliance with these Terms and Conditions when
Company denied Your right of continued use of the
Material or Website. To the maximum extent allowed by
law, the Company may deny any company or person the
right to use the Material or Website.
Amendments to this Agreement and Changes to Website.
QuiltShopMarketing.com may revise this document at any
time by updating this page. Changes will be binding on
you on the date they are posted on the Website (or as
otherwise stated in the any notice of such changes). Any
use of the Website will be considered acceptance by you
of the then-current Terms and Conditions. If at any time
you find the Terms and Conditions unacceptable, you may
not use the Website any longer. Any new or different
terms supplied by you are specifically rejected by
QuiltShopMarketing.com unless QuiltShopMarketing.com
agrees to them in a signed writing specifically
including those new or different terms.
QuiltShopMarketing.com may change the Website at any
Questions and Notices. Questions concerning the use of
the Website should be directed to us using the “Contact
Us” page. Notices shall be sent, for
QuiltShopMarketing.com, to the address listed on the
Website, and, for you, to the email address submitted by
you or such other address as QuiltShopMarketing.com
reasonably determines is an appropriate address for you.
General. QuiltShopMarketing.com makes no claims that the
Content is appropriate or may be downloaded outside of
the United States. Access to the Content may not be
legal by certain persons or in certain countries, and
such persons have no right to access or use the Website.
If you access QuiltShopMarketing.com from outside of the
United States, you do so at your own risk and are
responsible for compliance with the laws of your
jurisdiction. The Terms and Conditions and your Service
Agreement, if you have one, are governed by the internal
substantive laws of the State of Texas, without respect
to its conflict of laws principles. Jurisdiction for any
claims arising under the Terms and Conditions or your
Service Agreement shall lie exclusively with the state
or federal courts in the State of Texas. The sole
relationship between You and QuiltShopMarketing.com is
that of independent contractors. If any provision of the
Terms and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of all or
part of a provision shall not affect the validity of the
remaining parts and provisions of the Terms and
Conditions, which shall remain in full force and effect.
All provisions of the Terms and Conditions shall survive
termination except those granting access or use to the
Website, and you shall cease all your use and access
thereof immediately. You may not assign or transfer your
obligations under the Terms and Conditions. No waiver of
any term of the Terms and Conditions shall be deemed a
further or continuing waiver of such term or any other
term. Except as expressly provided by
QuiltShopMarketing.com in a particular "Legal Notice,"
or software license or material on particular Web pages
of the Website, the Terms and Conditions and your
Service Agreement where applicable, constitute the
entire agreement between you and QuiltShopMarketing.com.