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Terms of Service
By placing an order on or using the www.willowbendcreations.com webpage or any part thereof, you agree to the following Terms of Service:
This Terms of Service document (this "Agreement") constitutes a legally binding contract between Willow Bend Creations, dba willowbendcreations.com and the person or organization (the "Client") who submits an order for product or services or who pays for product or services from (the "Client"). willowbendcreations.com may change this Agreement at any time by posting a revised version of the Agreement on its website and such change will be effective at any time after the Client is advised of the change and continues to use or pay for the Services.
1. Products
willowbendcreations.com will make every effort to provide the product(s) ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the willowbendcreations.com website. willowbendcreations.com will make every effort to ship said product(s) as represented. From time to time inventory of ordered product(s) may become exhausted and willowbendcreations.com reserves the right to make reasonable substitutions. In such cases willowbendcreations.com will attempt to contact Client to advise of said substitutions. The Client will pay for the product(s) at the price indicated in the order. All fees collected under this Agreement are fully earned when due and are only refundable subject to the willowbendcreations.com Refund Policy. All fees due under this Agreement must be paid in United States dollars via credit card or other payment method acceptable to willowbendcreations.com. Client agrees to provide its accurate name, mailing address, telephone and other contact information in order form and to notify willowbendcreations.com with any updates to such contact details as they may change.
2. Services
willowbendcreations.com will provide the Services ordered by the Client, subject to all of the terms, conditions and limitations applicable to the Services set forth on the willowbendcreations.com website. The Client will pay for the Services at the price indicated in the order. All fees collected under this Agreement are fully earned when due and nonrefundable when paid. All fees due under this Agreement must be paid in United States dollars via credit card or other payment method acceptable to willowbendcreations.com. Client agrees to provide its accurate name, mailing address, telephone and other contact information in order form and to notify willowbendcreations.com with any updates to such contact details as they may change.
3. Refund Policy
willowbendcreations.com offers a 30 day unconditional refund policy on all products sold. If Client is unsatisfied with their purchase for any reason they may return the product and request a replacement or refund within 30 days of the date of purchase to: Willow Bend Creations, 956 E Redoubt Ave, Soldotna Alaska 99669
4. Acceptable Use
The Client may use the Products and Services only in accordance with this Agreement, applicable laws in the United States and the applicable laws of any other jurisdiction. Client agrees not to use the Services in any manner that violates the willowbendcreations.com Acceptable Use Policy. In addition, the Client agrees that it will not use the Products or Services to:
Engage in any illegal or tortuous activity;
violate the patent, copyright, trademark, trade secret or other intellectual property rights of any third party;
sell or distribute illegal adult oriented content that features nudity, sexual acts or adult-themed material; or
publish or distribute in any manner any content that is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable to willowbendcreations.com in its sole discretion.
5. No Guarantee of Results
The Client acknowledges that willowbendcreations.com does not guarantee, imply, or predict any type of profit or response from the Product(s) or Services. The Product(s) and Services may be subject to interruptions, loss of data, deletion of data and conditions that prevent the proper operation of the Services resulting from conditions of events outside the reasonable control of willowbendcreations.com and for which willowbendcreations.com will bear no responsibility. The Client irrevocably covenants, promises and agrees to indemnify willowbendcreations.com and its assigns and to hold them harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature that they may sustain or to which they may become subject arising out of or relating in any way to the use of the Product(s) or Services, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against any such claims or enforcing the prerogatives of willowbendcreations.com under this Agreement.
6. Use of Client Data
Client agrees that willowbendcreations.com may use data collected from the Client only as permitted by the willowbendcreations.com Privacy Policy and willowbendcreations.com agrees to use such data only as permitted by such Privacy Policy, the terms of which are incorporated herein by this reference as if fully stated herein.
7. Description of Product(s) and/or Services
The Product(s) may include any one or more of the following elements, depending upon the package and options selected by the Client during the ordering process:
Quilting patterns; information products (physical and digital); fabric; quilting notions; certain of these products are manufactured by third party entities and willowbendcreations.com makes no claims or guarantees as to their use nor does willowbendcreations.com accept any liability resulting from the use of said products.
The Services may include any one or more of the following elements, depending upon the package and options selected by the Client during the ordering process:
Access to free or paid membership/community sites; promotional tools and services; training classes; online and offline events;
Certain of these Services may include additional third-party products or services that require the Client to accept the terms and conditions of the third party or to pay additional fees to such third party. Client agrees that it is wholly responsible for any such third party terms and conditions and third party fees.
8. Billing Policy
All recurring or paid membership Services will commence on the date Client's order is accepted by willowbendcreations.com (the "Effective Date") and will continue on the basis of successive billing periods of 30 days (with the first day of each billing period being a "Billing Date") thereafter until terminated by either party. Under such conditions as a specified payment plan is offered and accepted by Client, willowbendcreations.com will charge the Client's credit card on each Billing Date for the specified billing period beginning on that date. If funds are not available or willowbendcreations.com otherwise is unable to collect any fees when due, willowbendcreations.com may continue to submit charges on Client's credit card from time to time until all fees due are paid. willowbendcreations.com may suspend all or any portion of the Services at any time when fees are due and unpaid.
Any fees due under this Agreement are net of any sales or use taxes, all of which are the sole responsibility of Client. Clients who purchase Services with an annual billing arrangement may receive a refund for terminating the Services in the following circumstances:
Thirty Day Money-Back Guarantee. In addition, any Client may receive a refund of 100% of the amount paid if Client terminates the Services within thirty (30) days or less after the Effective Date.
Please note: Clients who are subscribed to monthly packages, who have surpassed the 30-day trial period, will not be entitled to a refund.
9. Termination
Client may terminate this Agreement at any time by giving willowbendcreations.com notice at least seven (7) days prior to the next Billing Date. willowbendcreations.com may also terminate this Agreement at any time by giving Client at least thirty (30) days prior notice. In addition, willowbendcreations.com may terminate this Agreement immediately and without prior notice if Client is in breach of this Agreement. Following termination the Client will have no right to use or access the Services. In its discretion, willowbendcreations.com may permit a Client to recover data from the Services following termination after payment of additional fees.
10. Notice
willowbendcreations.com may give notice to Client of any matter under this Agreement (a) orally, by calling Client's representative or by leaving a voicemail for Client's representative at the telephone number in Client's profile, (b) by email to the email address provided by Client in Client's profile, or (c) by regular mail to Client's mailing address in Client's profile. Client may give notice to willowbendcreations.com by phone, email, regular or certified mail to the following contact information:
Willow Bend Creations
956 E Redoubt Ave
Soldotna, Alaska 99669
11. Affiliate Program
If Client checked the box to participate in any willowbendcreations.com affiliate marketing program, or has otherwise been accepted by willowbendcreations.com to participate in such affiliate marketing program, the following provisions apply:
willowbendcreations.com will credit a commission (the "Commission") to the Client's affiliate account subject to the terms and provisions laid out for said affiliate account.
All tracking of referrals and clicks are as determined by willowbendcreations.com's systems. willowbendcreations.com will not credit Commissions on sales that are subsequently rescinded or charged back and any Commissions credited on such sales will be debited from future Commissions due.
willowbendcreations.com will aggregate Commissions due and issue credits subject to the terms and conditions set forth in said particular affiliate program.
willowbendcreations.com may change the commission rate and other terms and conditions of said affiliate marketing program at any time, with such changes to be effective when posted to the willowbendcreations.com website.
After enrolling in the affiliate marketing program, a Client must click the referral program link within the Client's account and use the enclosed tracking link. Client may not use or display on the affiliate link any material that is defamatory, misleading, libelous, obscene or otherwise potentially damaging to the reputation of willowbendcreations.com.
willowbendcreations.com may offset against any Commissions earned, however, any due and unpaid amounts in respect of Products or Services.
12. Miscellaneous
Indemnification. Client will indemnify and defend willowbendcreations.com against any third-party claim, action, suit, or proceeding arising out of or relating in any way to any alleged breach of this Agreement by Client. willowbendcreations.com will indemnify and defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of this Agreement by willowbendcreations.com. In connection with any request for indemnification under this Agreement, the indemnified party must: (i) give the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) grant control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperate with the indemnifying party at the indemnifying party's expense.
Limitation of Liability. IN NO EVENT WILL THE LIABILITY OF willowbendcreations.com UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY CLIENT DURING THE THREE (3) MONTH PERIOD BEFORE THE DATE ON WHICH SUCH LIABILITY AROSE. IN NO EVENT WILL willowbendcreations.com BE LIABLE FOR ANY (A) LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF willowbendcreations.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLIENT ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, willowbendcreations.com WOULD NOT ENTER INTO THIS AGREEMENT.
Miscellaneous. This Agreement shall be governed solely by the laws of the State of Alaska, excluding its principles of conflicts of laws. Any action under or relating to this Agreement shall be brought solely in the state and federal courts located in Alaska, with sole venue in the courts located in Kenai Peninsula Borough, and each party hereby submits to the personal jurisdiction of such Courts. Each party agrees that its performance under this Agreement shall in all respects conform to all applicable laws, rules, and regulations of the United States governing the export of technical information. Customer may not assign this Agreement without the prior, written permission of willowbendcreations.com. Any purported assignment in violation of this will be void and without any effect. This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Services or this Agreement. Neither party may waive any right hereunder except expressly and in writing. This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.
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