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FiberWild Terms of Use
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 expressly 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 the section labeled “Limited Right Use”, 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.
- 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.
- Violation of the Terms of Use. By becoming a member, you confirm that the information provided in the My Account form is true and that you agree to abide by the Terms and Conditions of use of this site. You understand and agree that at FiberWild! L.L.C.’s sole discretion, and without prior notice, FiberWild! L.L.C. may remove any information and terminate your access to the Site, or exercise any other remedy available, if FiberWild! L.L.C. believes that the information you have provided has violated or is inconsistent with these Terms of Use, or violates the rights of FiberWild! L.L.C., or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to FiberWild! L.L.C. for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. FiberWild! L.L.C. may release user information about you if required by law or subpoena. If membership has been revoked, FiberWild! L.L.C. reserves the right to refuse application or readmission to the Site.
- Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive, revocable, non-transferable 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. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part. 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). FIBERWILD! L.L.C. PATTERNS, MODELS, SAMPLE AND/OR DESIGNS CANNOT BE CREATED (KNIT OR CROCHET) OR OTHERWISE MANUFACTURED FOR RESALE. You shall have no rights to the proprietary software and related documentation, if any, on the site or provided to you in order to use or access the Site. You also agree not to deep-link to the site for any purpose, unless specifically authorized by FiberWild! L.L.C. to do so. The content and software on this Site is the property of FiberWild! L.L.C. and is protected by U.S. and international copyright laws.
- 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.
- Representations By You. By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you to FiberWild! L.L.C. through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.
- No Commercial Use. This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain FiberWild! L.L.C.’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. FiberWild! L.L.C. will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
- Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, agents, employees, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim, demand and expense, including reasonable attorney's fees, made by you or any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.
- 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, applicable taxes and/or customs charges.
- License Granted by You. By providing materials to FiberWild! L.L.C., including by submitting or uploading content, materials, suggestions, ideas, notes, concepts and other information (collectively, "Submissions") for use on the Site you represent and warrant that you or the owner of all rights to such submissions has expressly granted to FiberWild! L.L.C. an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. FiberWild! L.L.C. may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against FiberWild! L.L.C. for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to FiberWild! L.L.C. Any communication or materials you send to FiberWild! L.L.C. will be treated as non-confidential and non-proprietary and may be disseminated or used by FiberWild! L.L.C. for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. If you submit information to this Site, you warrant that the Submission does not infringe the copyrights or other rights of third parties.
- 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.
- 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, including compliance with applicable laws. 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.
- Links to Other Web Sites. The Site contains links to other Web sites. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. FiberWild! L.L.C. does not make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. 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. By using the Site to link to another site, you agree and understand that you may not make any claim against FiberWild! L.L.C. for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you decide to leave our Site and access these third-party sites, you do so at your own risk. If you have a problem with a link from the Site, you may notify us at Sean@FiberWild.com.
- Privacy Policy. Our Privacy Policy, may change from time to time, and is a part of this Agreement.
- Return Policy. Our Returns and Exchanges Policy, may change from time to time, and is a part of this Agreement.
- 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 JO-DAVIESS county, in the State of ILLINOIS. 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 JO-DAVIESS COUNTY, IN THE STATE OF ILLINOIS IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by FiberWild! L.L.C. in the State of Illinois, USA. As such, the laws of Illinois 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 FiberWild! L.L.C. membership roster current, if a Member does not access his or her account for a period of one year or more, FiberWild! L.L.C. may, in its sole discretion, terminate such Member's account. FiberWild! L.L.C. will endeavor to notify a Member of FiberWild! L.L.C.’s intent to terminate such Member's account by notice to such Member's provided email address at least 90 days prior to deactivation. If the Member fails to respond to such email notice with 30 days after the day it is sent by FiberWild! L.L.C., such Member's account will be terminated as noted above. Therefore, FiberWild! L.L.C. strongly recommends that all Members keep their accounts and contact data current and in use. While FiberWild! L.L.C. desires to prevent active accounts from being terminated prematurely, FiberWild! L.L.C. has no obligation to maintain accounts that appear to FiberWild! L.L.C. to have been abandoned. Each Member agrees that failure to access his or her account for one year or more conclusively indicates that such Member's account has been abandoned and that the account may therefore be terminated.
- Verify Members' Address: FiberWild! L.L.C. 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, products or services he or she requested from FiberWild! L.L.C.
- Site Operation: FiberWild! L.L.C. controls this Site from Galena, Illinois, United States of America. FiberWild! L.L.C. makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any United States export laws and regulations.
- Headings. Section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
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