Terms & Conditions
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 persons age 18 and older. Only one (1) Account is permitted per person, per email address.
2. User Information; Usage Rules; Changes to these Terms
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.
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) have not been previously suspended or removed from the Website, (c) have not engaged in any activity that could result in suspension or removal from our Website, and (d) 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.
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 a Bella Box Subscription, your payment method will be charged immediately for the first kit. Subsequent kits will be charged on the 15th of April and the 15th of October.
- 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: When you first sign up for a Perfectly Pieced Subscription, your payment method will be charged immediately for the first kit. Subsequent kits will be billed monthly on the 1st day of each month.
- Collectible Christmas:
- Subscription Details: The Collectible Christmas subscription is a monthly subscription. Collectible Christmas subscribers will create a new holiday collection each year and will receive everything they need to stitch a new piece of the collection each month. Subscribers will have a complete collection after 12 months.
- Recurring Billing: When you first sign up for a Collectible Christmas Subscription, your payment method will be charged immediately for the first kit. Subsequent kits will be billed monthly on the 10th day of each month.
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., The 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 may be higher.
Prior to shipping, we will release a preview of the upcoming ME Time project(s) so subscribers will have the opportunity to see them.
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.
The skip deadline is before 12:00 a.m. Mountain Time on the day before 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: before 12:00 a.m. Mountain Time on the day before billing (1st of each month)
- The Bella Box: before 12:00 a.m. Mountain Time on the day before billing (15th of the billing month)
- Collectible Christmas: before 12:00 a.m. Mountain Time on the day before billing (10th of each month)
Once the deadline has passed, skipping will apply to the following month.
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:
- Go to https://metimedelivered.com/my-account/subscriptions/.
- Click the “view” button next to the subscription you wish to skip.
- Click the “skip this cycle” button.
4.5 Cancellation Policy
Your subscription will be in effect until you cancel. You may cancel at any time by calling (435) 932-6518, by emailing email@example.com, or through your online Account.
To avoid being charged for an upcoming subscription cycle, you must cancel before 12:00 a.m. Mountain Time on the day before billing.
If your cancellation is received after the deadline has passed, you will be billed for the upcoming subscription cycle.
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: before 12:00 a.m. Mountain Time on the day before billing (1st of each month)
- The Bella Box: before 12:00 a.m. Mountain Time on the day before billing (15th of the billing month
- Collectible Christmas: before 12:00 a.m. Mountain Time on the day before billing (10th of each month)
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, your files will be added to your ME Time Digital Library and you will not be eligible for a refund.
However, your cancellation will apply to upcoming subscription cycles.
Resuming a Canceled Subscription
We welcome you back any time you decide to resume your subscription. Here's how to resubscribe:
- Log on to metimedelivered.com
- Select the subscription you wish to re-activate
- Complete the checkout process.
- You will be shipped the current months' kit within 5 business days
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.
Canceling 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 firstname.lastname@example.org, 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 canceled. 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@example.com.
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. 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.
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
Due to the nature of digital items, we cannot process refunds or returns on any digital subscription after it has been released to your account. If a file is corrupted or missing information, please contact ME Time Customer Care so we can help you.
No refunds or returns will be given unless the following conditions apply. You must also notify ME Time Customer Care within 48 hours of receipt at firstname.lastname@example.org or by calling (435) 932-6518.
Defective or Damaged Items
If your box arrives with damaged contents, we will replace the damaged item(s). If a replacement cannot be provided, we will issue a refund for the specific item(s). Please note that the entire box will not be replaced unless everything is damaged.
- A photo confirmation is required.
- Please do not dispose of packaging, as it may be required in order to file a claim.
- Damage to the shipping box alone does not qualify for a refund.
If your box is missing an item, we will attempt to replace it. If we cannot replace the missing item, we will issue a refund in USD for that specific item. Please note that the entire box will not be replaced.
ME Time will ship a replacement box (US Only) if:
- The shipped subscription has not arrived within three weeks of the original shipment, and
- We can verify the package does not have additional tracking information since the original scan.
- International customers please contact ME Time Customer Care
If a replacement cannot be provided, we will issue a refund. Any refunds will be issued in USD.
ME Time Store Purchases
You may cancel your order and request a return and refund within 14 days of a ME Time Store purchase.
The deadline for canceling an order is 14 days from the date you (or a designated receiver) has taken possession of the delivered product.
To cancel and return your order, you must clearly inform ME Time Customer Care by email at email@example.com or by phone at (435) 932-6518.
We will reimburse you in USD no later than 14 days from the day we receive the returned goods and refund you via the payment method you used for the purchase.
To make a return:
- Make sure products are unopened and unused.
- Verify products were purchased within the last 14 days.
- Contact ME Time Customer Care via phone or email.
- Put the product(s) in the original packaging and send the product(s) back to ME Time.
The following goods may not be returned:
- Products that are opened and used
- Electronic machine embroidery designs delivered to your ME Time Digital Library
- Products that are inseparably mixed with other goods (e.g., a bundle or collection)
We reserve the right to refuse returns of merchandise that do not meet the above criteria.
Returning Your Purchase
You are responsible for the cost and risk of returning products to us. Please put items in their original packaging and send to the following address:
2442 Wolfpack Way
North Logan, UT 84341
We cannot be held responsible for goods damaged or lost in return shipment. Therefore, we recommend using an insured and trackable mail service. We are unable to issue a refund without receiving the goods or proof of a return delivery.
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-sublicensable, and non-transferable 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.
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.
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 derivative 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.
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.
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.
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 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.
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 of 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: firstname.lastname@example.org. If you do not notify us, you agree to be bound by the arbitration provisions and the class-action waiver provisions herein.
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@example.com or (435) 932-6518.