ME Time Terms & Conditions

Effective Date: Nov 7, 2022
The following Terms & Conditions (“Terms”) govern your use of our websites, microsites, and mobile versions of these websites that expressly adopt or display or link to these Terms (collectively, the “Website”), the products we provide to you (“Products”), and any services available through the Website (the “Services”). Kimberbell Kids LLC dba ME Time (“Company,” “we,” “us,” or “our”) provides the Website, Products, and Services to you under these Terms. In these Terms, we use the term “you” or “your” to mean you as an individual. We may discontinue or change any of the features or functionalities of the Website at any time and without notice.

Please read these Terms carefully before using this Website as these Terms affect your legal rights and responsibilities. These Terms require you to arbitrate certain disputes with Company rather than resolve disputes through a jury trial or class action.
BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THE WEBSITE, OR BY MAKING PURCHASES ON OR THROUGH THE WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS, BROWSE, USE, OR MAKE PURCHASES ON THE WEBSITE.

1. Our Products and Services.

Our Company offers certain craft products and kits for your purchase, including the materials you need for embroidery, quilting, and sewing projects, through our platforms, including our Website, and through interactions by telephone, email, or other media. Our Website allows you to create an account (“Account”) through which you may place orders, track shipments, store and access electronic files from purchases you make (such as instructions, machine embroidery design files, and videos), update your information, and modify your subscriptions. Accounts are only available to residents of the United States age 18 and older. Only one (1) Account is permitted per person, per email address.

2. User Information; Usage Rules; Changes to these Terms.

Any personal or personally identifying information provided by you through your use of the Website or your Account will be collected and used consistent with our Privacy Policy, and, by using the Website, you accept the terms and conditions of the Privacy Policy, which is incorporated herein by reference.

We may send you notices or communications electronically, either via the Website or by email.

We may modify these Terms at any time, including, but not limited to, if we offer and you accept the download of any new features or Updates (as defined below) for the Website. Each time you access and use the Website, you signify your acceptance of and agreement to the then-current Terms. We may, but are not required to, separately inform you of changes to any of the terms and conditions in these Terms.

Your use of the Website or Services on your computer, mobile device, tablet, or other device (your “Device”) is subject to certain applicable third parties’ policies, terms and conditions, requirements, and usage rules, including but not limited to your mobile carrier rules (collectively, the “Usage Rules”), which you agree are, to the extent the foregoing are applicable, binding on you. You must use the Website in strict compliance with all applicable laws, rules, and regulations.

3. Eligibility.

Our Website, Products, and Services are not targeted toward or intended for use by anyone under the age of 18. By using our Website or creating an Account, you represent and warrant that you: (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Website, (d) have not engaged in any activity that could result in suspension or removal from our Website, (e) do not have more than one Account, and (f) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

4. Terms of Sale.

4.1 Order and Acceptance: Each part of an order that you submit to us constitutes an offer to make a purchase. If you have placed your order through our Website, then, after we receive your order, you will receive an email from us confirming receipt of your order. If you do not receive an email from us confirming receipt of an order that you place, please contact us at the contact information provided below before you attempt to resubmit the same order. Please note that our confirmation of receipt of your order does not equate our acceptance of your order. We are not deemed to have accepted any part of your order until the requested item(s) have been shipped and we have sent you a shipment confirmation email. If we reject your order due to an error in pricing and/or other information, then we will notify you at the email address that you have provided. Although it is unlikely that we would refuse to accept an order, we reserve the right to deny any order for any reason.

4.2 Responsibility for Errors: Our website may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice to you. Corrections or updates may occur after you have submitted an order from our Website. In that event, we will attempt to contact you with the correct information before processing your order. If an item is listed on our Website at an incorrect price or with incorrect information, then at our sole discretion we reserve the right: (1) to refuse orders for that item, (2) to contact you for instructions, or (3) cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from our Website. We apologize for any inconvenience that this may cause you.

4.3 Subscriptions: We offer several subscriptions for your convenience. When you sign up for a subscription, you will designate a preferred payment method for billing purposes. We will automatically charge your designated payment method on a recurring billing schedule. You may choose to skip a period of your subscription, subject to our Skip Policy, below. Products may vary from month to month, depending on your subscription. Below are the terms for each type of subscription.

  • Bella Box Subscription:
    • Subscription Details: The Bella Box Subscription is a twice a year machine embroidery subscription, which provides you with supplies to create 5-6 embroidery projects.
    • Recurring Billing: When you first sign up for the Bella Box Subscription, you will be billed that day and receive the current version of the Bella Box. Following the initial subscription to the Bella Box Subscription, the form of payment you designate will be automatically charged twice a year, prior to ship date.
  • Perfectly Pieced:
    • Subscription Details: The Perfectly Pieced Subscription is a monthly machine embroidery subscription for creating Quilt Blocks In-The-Hoop. You have the option of signing up for a Digital Subscription or a Doorstep Subscription. If you sign up for the Digital Subscription, you will receive digital files in your ME Time Digital Library and be notified at the email address you provide to us. If you sign up for the Doorstep Subscription, you will receive the digital files in your ME Time Digital Library and we will ship project materials directly to the physical address you provide to us.
    • Recurring Billing: We will automatically charge your designated payment method on the first day of each month on a recurring billing schedule.
  • Collectible Christmas:
    • Subscription Details: The Collectible Christmas Subscription is a monthly machine embroidery subscription for creating holiday themed home decor. You have the option of signing up for a Digital Subscription or a Doorstep Subscription. If you sign up for the Digital Subscription, you will receive digital files in your ME Time Digital Library and be notified at the email address you provide to us. If you sign up for the Doorstep Subscription, you will receive the digital files in your ME Time Digital Library and we will ship project materials directly to the physical address you provide to us.
    • Recurring Billing: We will automatically charge your designated payment method on the tenth day of each month on a recurring billing schedule.

4.4 Skip Policy:
What is Skipping?
As a ME Time subscriber, you may choose to skip an upcoming subscription cycle. For a monthly subscription (i.e., Perfectly Pieced, Collectible Christmas), this would mean skipping a month. For a biannual subscription (i.e., Bella Box), this would mean skipping one of the two deliveries in a given subscription year. Gift subscriptions may not be skipped.
When you choose to skip, you will not receive the items delivered in that subscription cycle. This includes any files in your ME Time Digital Library as well as any physical products that would otherwise be shipped to you.
You will not be billed for any skipped subscription cycles.
Please note that by skipping a subscription cycle you will most likely not be able to purchase those items at a later date. Based on availability, some products may show up in the ME Time Store, but if so, the price will be higher.
Preview Period
Prior to shipping, we will release a preview of the upcoming ME Time project(s) so subscribers can decide whether or not they’d like to skip.
If we haven’t received a request to skip, we will process your payment on the appointed day. Upon successful payment, you will have immediate access to the files in your ME Time Digital Library. We will also ship any Doorstep Subscriptions at this time.
Skip Deadline
The skip deadline is 6:00 a.m. Mountain Time on the day prior to billing. (Please see specific dates below.) You may choose to skip an upcoming subscription cycle any time before that deadline.
Billing dates for ME Time programs:

    • Perfectly Pieced: 1st day of the month (delivered monthly),
    • The Bella Box: 15th day of the month it ships (delivered twice a year).
    • Collectible Christmas: 10th day of the month (delivered monthly).

Skip deadlines for ME Time programs:

  • Perfectly Pieced: Last day of the month at 6:00 a.m. Mountain Time
  • The Bella Box: 14th day of the month at 6:00 a.m. Mountain Time
  • Collectible Christmas: 9th day of the month at 6:00 a.m. Mountain Time

Skipping is not allowed after the skip deadline has passed.
Skip Duration & Resuming Delivery
Skipping applies to a single subscription cycle, after which your subscription will automatically resume. For example, if you have a monthly subscription and skip June, you will resume billing and delivery in July.
You must request a skip each time you want to skip a subscription cycle, even if you’re skipping two (or more) in a row. For example, if you’ve skipped June’s subscription and also want to skip July, you’ll need to request a skip again for July. June’s skip will not apply to July.
Also, please note that if you try to skip after the deadline has passed, your skip will automatically apply to the next subscription cycle. So if you’ve attempted to skip June’s subscription but did so after the deadline, our system will automatically apply the skip to July.
Number of Allowed Skips
There is no limit on the number of times you may skip. However, if you have decided you no longer want to receive your subscription, please simply cancel instead.
How to Skip
Please follow these steps to skip your subscription cycle:

  1. Go to https://metimedelivered.com/my-account/subscriptions/.
  2. Click the “view” button next to the subscription you wish to skip.
  3. Click the “skip next billing cycle” button.

4.5 Cancellation Policy:
Your subscription will automatically renew until you cancel. You may cancel at any time by calling (435) 932-6518, by emailing [email protected], or through your online Account.
To avoid being charged for an upcoming subscription cycle, you must cancel by 6:00 a.m. Mountain Time on the day prior to billing. (Please see specific dates below.)
If your cancellation is received after the deadline has passed, you will be billed for the upcoming subscription cycle.
Cancellation Deadline
Billing dates for ME Time programs:

  • Perfectly Pieced: 1st day of the month (delivered monthly),
  • The Bella Box: 15th day of the month it ships (delivered twice a year).
  • Collectible Christmas: 10th day of the month (delivered monthly).

Cancellation deadlines for ME Time programs:

  • Perfectly Pieced: Last day of the month at 6:00 a.m. Mountain Time
  • The Bella Box: 14th day of the month at 6:00 a.m. Mountain Time
  • Collectible Christmas: 9th day of the month at 6:00 a.m. Mountain Time

If you’ve not canceled by the deadline and have a Doorstep Subscription (meaning that physical goods are delivered to you), we will ship your subscription and you will not be eligible for a refund.
If you’ve not canceled by the deadline and have a Digital Subscription, we will email your subscription files and you will not be eligible for a refund.
However, your cancellation will apply to upcoming subscription cycles.
Resuming a Canceled Subscription
If you decide to resume your subscription, we welcome you back any time! Here’s how to resubscribe:

  1. Log in to https://metimedelivered.com/shop-subscriptions/.
  2. Choose the subscription you wish to reactivate.
  3. Add the subscription to your cart.
  4. Complete the checkout process.

Please note that we will not be able to provide you with the subscription projects you missed between the time of cancellation and your resubscription.
If you’d like to temporarily suspend your subscription (instead of canceling) you may skip a subscription cycle instead. Please see our ME Time Skip Policy, above.
Cancelling Gift Subscriptions
We do not allow cancellations or refunds for gift subscriptions.
ME Time Digital Library Items
Any electronic files you’ve received as part of a subscription or purchase will indefinitely remain in your ME Time Digital Library, even if you’ve canceled your subscription.
In the event you cancel your subscription, please note that we may still send you promotional communications about the Company, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein. You may obtain further information about your subscription by calling (435) 932-6518, by emailing [email protected], or on your online account. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE THESE SUBSCRIPTION TERMS AT ANY TIME, UPON NOTICE TO YOU AND IN OUR SOLE DISCRETION.
We reserve the right to cancel all or part of an order at any time for any reason, in our discretion, and will refund any corresponding amount already paid by you if we decide to cancel all or part of an order. We will notify you of any such cancellation and amount refunded.
4.6 Payment and Billing Information: By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
4.7 Pricing and Availability: All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the pricing amounts or other charges associated with your subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth above prior to shipment.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products, and to substitute Products without prior notice. We strive to provide you with high-quality Products; we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at [email protected].
4.8 Taxes: We will collect applicable sales tax on Products shipped to all jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. We will not be able to notify you of changes in any applicable taxes.
4.9 Shipping Policy: We will ship products to the address you provide to us within five (5) days of billing your designated payment method. Shipping rates vary based on location and subscription type. No shipping outside of the U.S. We work hard to ship orders efficiently and in a timely manner. We will not hold product orders, if available to ship. When we receive additional orders before a previous order has shipped, we may combine the orders into one shipment to save on costs as well as simplify packaging and tracking.

4.10 Deliveries: You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Order is not feasible, we may cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

4.11 Angel Policy: Purchasers of our Products are permitted to sell completed projects on a limited basis. Projects created for the purpose of sale must be made by the purchaser of the Product and should befit our standard of quality and good taste. Completed projects may be sold at retail boutiques and craft fairs, or over the internet. We limit the number of items made for resale at 200 from a single design or pattern. Mass production or use of paid workers to make any Company design for resale is prohibited.

Our logo may not be used in a manner which might lead consumers to believe the item was made directly by us. Persons participating in this angel policy assume all liability for their work and agree to full responsibility if disputes arise from their work.

We may amend this policy governing the use of our copyrighted designs and instructions at any time. Any amendment to this policy becomes effective upon publication.

4.12 Third-Party Reselling of Company Products: You are not permitted to sell the products purchased from ME Time to Amazon, on Amazon, or to any unauthorized third-party resellers who may resell on Amazon. We reserve the right to restrict the sale of our Products on other third-party reselling sites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

4.13 Refund and Return Policy:
Please click here to see our full Return and Refund Policies.

5. Ownership.

All Website content, including without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, services, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. laws and treaties. You are granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Company. Your rights to use the Website are specified or referenced herein, and we retain and reserve all rights not expressly granted to you.

6. Scope of License.

Subject to these Terms, we grant you a personal, limited, non-exclusive, revocable, non-sublicenseable, and non-transferrable license to use the Website for personal, non-commercial purposes only on any Device that you, as the end-user, own or control and as or to the extent permitted by the Usage Rules.

The above license will govern any Updates provided by us that replace and/or supplement the original Website, unless such Update is accompanied by separate Terms, in which case the terms and conditions of those Terms will govern.

7. Restrictions.

You may not: (a) access or attempt to access the Website by any means other than through the interface provided by us; (b) make any copies of the Website other than the copy that you need to operate the Website on your Devices; (c) modify or create any derivative works of the Website; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Website, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks; (e) use the Website to develop software or services that access the address space of the Website or that intercept the proxy; (f) attempt to gain unauthorized access to any of our or our suppliers’, licensors’, or distributors’ services, accounts, computer systems, or networks associated with the Website; (g) resell, lease, sublicense, or otherwise attempt to transfer rights to the Website; (h) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Website; (i) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute a part of the Website; (j) incorporate, integrate, or otherwise include all or any portion of any of the Website (including the communications protocols) into any software, program, or product that communicates, accesses, or otherwise connects with our Services or that interconnects any of our Services with any other instant messaging or other online service; (k) use any of our Services associated with the Website in any manner that could damage, disable, overburden, or impair such Services or interfere with any other party’s use and enjoyment of them; (l) use the Website in any way that violates these Terms or any law; (m) use the Website in any way that violates the rights of any third party; (n) use the Website in any way to transmit, directly or indirectly, any unsolicited bulk communications (such as e-mails, voice, photos, video, chat, or instant messages); or (o) assist any third party to do any of the acts described in this paragraph.

We may take any actions or apply any technical remedies to prevent unsolicited bulk communications, viruses, or other harmful code from entering, utilizing, or remaining within our computer or communications networks.

8. User Content.

You alone are responsible for any communication, message, or other content that you post, upload, submit, transmit, or share with Company on the Website or through or for our Services, including without limitation any data, questions, comments, ideas, information, materials, concepts, know-how, techniques, suggestions or the like (collectively “User Content”). By transmitting or posting any User Content, you represent and warrant that such User Content is your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any applicable laws. Company does not endorse or sponsor any such User Content submitted by you or other users of the Website. We reserve the right to terminate and/or deny you access to the Website if we determine, in our sole discretion, that you are violating these Terms, or applicable law, rule, regulation or order, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.

Subject to the terms and conditions set forth in our Privacy Policy, all User Content will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit, or share any User Content you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution.

You hereby grant to Company and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Content to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Content in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Content to the Website and have all relevant licenses and consents from any relevant third parties. Further, Company and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products.

You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. You are also prohibited from posting or transmitting any fake news or other deceptive content. Company will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

We may, but are not obligated to, monitor or review any User Content. We shall have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You may notify Company of any objectionable User Content. We retain the right to remove any or all User Content in our sole discretion. We further reserve the right to remove any User Content and terminate your account if you publish fake news or other deceptive online content.

9. Content.

All content besides User Content on the Website (including, without limitation, text, design, graphics, icons, images, audio clips, downloads, interfaces, Product descriptions, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Company, its licensors or its content providers and is copyrighted as a collective work under the United States and other copyright laws. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Company or other respective owners that have granted Company the right and license to use such marks. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website. Company reserves all rights not expressly granted in and to the Website and its content.

10. Access.

You must obtain at your own expense the equipment, means, Device, and services to access the Website. We do not guarantee that the Website will work with all wireless service plans, at all times, or in all geographic locations. When you use the Website, you may incur certain charges from your wireless carrier according to the terms and conditions of your carrier agreement, including without limitation, fees for data, wireless access, and message services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE WEBSITE THROUGH YOUR WIRELESS DEVICE AND FOR BEING IN COMPLIANCE WITH YOUR CARRIER AGREEMENT.

11. Responsibilities; Passwords.

You are solely responsible for your use of the Website, the use of your Account by others, or any breach of your obligations under these Terms. You are responsible for all consequences of activities on your Account, including the consequences that may occur if others obtain access to your Account. You shall maintain as personal and confidential the unique user identification and/or password used by you to gain access to your Account. It is your sole responsibility to protect your user identification and password from unauthorized use, and you will be responsible and liable for any unauthorized use of your user identification or password.

12. Links.

The Website may include links to third-party sites not operated by us. These links are provided for your convenience and in no way signify any endorsement of any such sites or the content thereof. Access to any such linked site is at your own risk, and we will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused by or in connection with any use of or reliance on such content, or any goods or services, available on or through such sites.

13. Consent to Use of Data.

You agree that we may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered, for example, periodically to facilitate the provision of software Updates, product support, and other services to you (if any) related to the Website. We may use this information to improve our Services or to provide Services or technologies to you in accordance with our Privacy Policy.

14. Updates.

You understand and agree that the Website may contact our servers from time to time to check for available updates, such as patches, new functionality, fixes, new versions, and other types of updates (collectively, “Updates”). By using the Website, you consent to such automated requests and to receive Updates. We are not required to provide Updates.

15. No Support or Update Obligations.

Except to the extent as may be required by Usage Rules, you agree that you are not entitled to any support, telephone assistance, corrections, Updates, upgrades, bug fixes, and/or enhancements of the Website from us or our distributors.

16. No Warranty.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE, PRODUCTS, OR SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, PRODUCTS, AND SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN, THE PRODUCTS AVAILABLE THROUGH, OR SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE, PRODUCTS, OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO, TO THAT EXTENT, THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

17. Limitations of Liability.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR LICENSORS, OR OUR CONTRACTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, OR LOSS OF DATA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR RELATED TO USE OR MISUSE OF THE WEBSITE, OUR PRODUCTS, OR OUR SERVICES; INABILITY TO ACCESS OR USE THE WEBSITE; ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; OR ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, US VIA THE WEBSITE. In no event shall our total liability to you for all damages exceed $150.00. The foregoing limitations will apply even if any stated remedy fails of its essential purpose. In some jurisdictions, certain limitations of liability are not permitted, and, to that extent, such limitations on liability may not apply to you.

18. Indemnification.

You agree to indemnify, defend, and hold harmless us and our employees, contractors, officers, and directors from and against any and all claims, suits, demands, actions, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) that arise from your use or misuse of the Website, our Products, or our Services, or your breach or violation of any of the terms and conditions referenced herein or the law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and defense by you, in which event you will cooperate with us in asserting any available defenses.

19. Import / Export Control.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or a country for which there is a unilateral embargo; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

20. Injunctive Relief.

You agree that your breach or threatened breach of these Terms will cause us irreparable injury for which recovery of monetary damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under these Terms in addition to any and all other remedies available to us at law or in equity.

21. Governing Law; Jurisdiction.

These Terms are governed by the laws of the State of Utah and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. Subject to the below Dispute Resolution provisions and for any disputes not otherwise subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts situated in or for North Logan, Utah, USA, for purposes of any legal action arising out of or related to these Terms or use of the Website, Products, or Services.

22. Dispute Resolution.

PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any claim based upon such event, facts, or dispute.

Any civil action, claim, dispute, or proceeding arising out of or relating to these Terms or access to or use of the Website, Products and/or Services will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court (except as provided in Section 20). Except as provided in Section 20, the arbitrator – and not any federal, state, or local court or agency – will have exclusive authority to resolve any dispute arising out of these Terms or access to or use of the Website, Products, and/or Services and to arbitrate any part of these Terms, including any claim that all or any part of this section or these Terms are void or voidable.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in North Logan, Utah, under the AAA’s rules and procedures, as modified by this section and conducted in the English language. The AAA’s rules and a form for initiating arbitration proceedings are available at www.adr.org.

You and we will select the arbitrator, and, if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined by the arbitrator.

Agreement to these Terms constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class or representative action (or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf the general public). If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.

The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Utah, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record in or for North Logan, Utah.

If you do not wish to be bound by arbitration and waive your rights to participate in a class action, you must notify us in writing within thirty (30) days of the date that you first access the Website or create an Account and include: (i) your name, (ii) your account number (if any), (iii) your mailing address, and (iv) a statement that you do not wish to resolve disputes with us through arbitration. You must send your notice to us at: [email protected]. If you do not notify us, you agree to be bound by the arbitration provisions and the class-action waiver provisions herein.

23. General.

These Terms constitute a legal agreement between you and us regarding their subject matter. Section headings are for convenience and do not define or limit the scope or intent of such sections. Please note that any content you post to social media platforms is subject to the data handling practices of each social media platform, as described in their respective terms of use and privacy policy, which you should read before posting content. If any part of these Terms are held invalid or unenforceable, the remaining portions remain in full force and effect, or we may at our option terminate these Terms. The controlling language of these Terms is English. If you have received a translation into another language, it has been provided for your convenience only. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. These Terms constitute the entire agreement of the parties with regard to the subject matter hereof, and supersede all previous written or oral representations, agreements, and understandings between the parties, whether express or implied. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any rights or obligations herein. We may assign these Terms to any entity in our sole discretion and without notice to you. These Terms shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.

24. Legal Notice for New Jersey Residents.

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Company’s liability for any loss or damage is not applicable to New Jersey residents to the extent Company was negligent or has breached its obligations; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms.

25. Contact Us.

If you have any questions, complaints, or concerns regarding the Website, our Products, Services, or these Terms, you may contact us at [email protected] or (435) 932-6518.