Terms & Conditions
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Welcome to Knitcetra.com. Knitcetra.com and affiliates provide their services to you subject to the following conditions. If you visit or shop at Knitcetra.com, you accept these conditions. Please read them carefully.
1. Privacy. Your use of the Site constitutes your consent to Knitcetra.com' privacy and security policy posted from time to time on the Site.
2. Electronic Communications. When you visit Knitcetra.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. Service Mark Notice. "Knitcetra", "Knitcetra.com" and other related marks are service marks of Knitcetra.com LLC and are protected by law. They may be used publicly only with permission from Knitcetra.com LLC. ALL RIGHTS RESERVED.
4. Copyright. All content available on this site, such as graphics, text, logos, button icons, audio clips, images, digital downloads, data compilations, and software are the property of Knitcetra.com or its content suppliers and protected by international and United States copyright laws. The compilation of all content on this site is the exclusive property of Knitcetra.com and protected by international and U.S. copyright laws. Software used or available on this site is the property of Knitcetra.com or its software suppliers and protected by international and United States copyright laws.
5. Links to Other Sites and/or Materials. Links may appear on the Site that may be used to link to other Site(s). These links are provided solely as a courtesy to our Site visitors. Knitcetra.com has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites. Knitcetra.com is not responsible for and does not endorse or warrant in any way any materials, information, goods or services available through such linked Sites or any privacy or other practices of such Sites. If you decide to access any of the linked Sites, you do so entirely at your own risk. Knitcetra.com reserves the right to terminate any link at any time.
6. Site access and License. Knitcetra.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it, except with express written consent of Knitcetra.com. This license does not include any commercial or retail use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any copying or downloading of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Knitcetra.com. You may not frame or utilize framing techniques to enclose any logo, service mark, trademark or other proprietary information (including text, images, page layout, or form) of Knitcetra.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Knitcetra.com's name or trademarks or service marks without the express written consent of Knitcetra.com. Any unauthorized use terminates the permission or license granted by Knitcetra.com. You are granted a revocable, limited and nonexclusive right to create a hyperlink to the home page of Knitcetra.com as long as the link does not portray Knitcetra.com, its affiliates or their products or services in a misleading, false, derogatory, or otherwise offensive matter. You may not use any Knitcetra.com logo or other proprietary graphic or trademark as part of the link without express written permission.
7. Your Account. If you use this site, you are responsible for maintaining the confidentiality of your password and account and for restricting access to your computer. And, you agree to accept responsibility for all activities that occur under your password or account. Knitcetra.com sells products for children, but it sells them to adults who can purchase with a credit card. If you are under 18, you may use Knitcetra.com only with involvement of a parent or guardian. Knitcetra.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
8. Prohibited Actions. You agree not to interrupt, or attempt to interrupt, the operation of Knitcetra.com in any way. Unauthorized use or modification of any information stored on Knitcetra.com may result in criminal and/or civil prosecution under Federal, State, local and International law. You may not use Knitcetra.com for anything other than a lawful and legitimate purpose. You agree not to use Knitcetra.com to carry out any unauthorized alteration of any data or information on Knitcetra.com or to conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on Knitcetra.com.
9. Comments, Reviews, Communications and other Content. Visitors may post comments, reviews and other content; send cards and other communications; and submit ideas, suggestions, questions, comments or other information, so long as the content is not illegal, obscene, threatening, defamatory, infringing of intellectual property right, invasive of privacy or otherwise injurious to third parties or objectionable and does not consist of or contain political campaigning, software viruses, commercial solicitation, mass mailings, chain letters or any form of "spam." You may not use a false or spoofed e-mail address, impersonate any entity or person or otherwise mislead as to the origin of a card or other content. Knitcetra.com reserves the right (but not the obligation) to remove or edit such content, however, Knitcetra.com does not regularly review posted content.
If you do submit material or post content and unless we indicate otherwise, you grant Knitcetra.com and its affiliates a nonexclusive, perpetual, royalty-free, irrevocable and fully sublicensable right to use, modify, reproduce, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Knitcetra.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You warrant and represent that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Knitcetra.com or its affiliates for all claims resulting from content you supply. Knitcetra.com has the right but not a obligation to monitor and edit or remove any activity or content. Knitcetra.com assumes no liability for and takes no responsibility for any content posted by you or any third party.
10. Risk of Loss. All items purchased from Knitcetra.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the shipment carrier.
11. Descriptions of Products. Knitcetra.com and its affiliates attempt to be as accurate as possible to our customers. However, Knitcetra.com does not warrant that product descriptions or other content of this site is current, accurate, complete, reliable or error-free. If a product offered by Knitcetra.com itself is not as described, your sole remedy is to return it in unused condition.
12. Pricing. Unless posted differently, the List Price displayed for products at Knitcetra.com represents the full retail price listed on the product itself suggested by the manufacturer or supplier, or estimated in accordance with industry practice. The Price is a comparative price estimate and may not or may represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
With respect to items sold by Knitcetra.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
a) If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
b) If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
13. Modification of Terms and Conditions of Use. Knitcetra.com reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
14. Email May Not Be Used to Provide Notice. Communications made through the Site's email and messaging system shall in no way be deemed to constitute legal notice to Knitcetra.com or any of its officers, employees, agents or representatives, such as where notice to Knitcetra.com is required by contract, or any federal, state or local law.
15. Disclaimer; Limitation of Damages.
(a) Knitcetra.com expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access this Site as a result of your use of this Site, and expressly disclaims all liability for actions taken or not taken based on any or all of the contents of this Site. THE SITE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Knitcetra.com MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE.
(b) USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.
16. Applicable Laws; Venue. Knitcetra.com operates the Site from its offices in Michigan and makes no representations that materials in the Site are appropriate or available for use in other locations. The display of the Site alone does not subject Knitcetra.com to any specific jurisdiction. Access to the Site from any territory where the content is illegal is prohibited. By choosing to access the Site from other locations, you are solely responsible for compliance with any and all applicable laws, rules and regulations. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Michigan as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of this Site shall be filed only in the appropriate state or federal court located within the State of Michigan. The access, viewing or use of this Site constitutes the user's express permission and consent to the jurisdiction of the state and/or federal courts of the State of Michigan for purposes of such actions.
17. Disputes. Any dispute relating whatsoever pertaining to your visit to Knitcetra.com or to products you purchase through Knitcetra.com shall be submitted to confidential arbitration in Grand Rapids, Michigan, except that, to the extent you have in any manner violated or threatened to violate Knitcetra.com's intellectual property rights, Knitcetra.com may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
18. Bounce check fees. Each incident of a check "bouncing" (i.e. for each stamp of NSF, Account Closed, Stop payment, etc) will incur a $25 bounce check fee. In addition, the customer's name, address, telephone and identifying information will be listed on an international credit card fraud database available to all online merchants. In addition, the unresolved matter will be reported to the local authorities, the F.B.I., the U.S. Secret Service and Interpol. We will prosecute all incidents of fraud.
19. Chargebacks. If a customer charges back a payment to their credit card, a $75.00 administrative and research fee will be accessed. Even if the chargeback is a mistake, the cost of handling the claim and merchant fees make this necessary. This is in addition to any applicable fees and monies due. Should this charge not be honored by the credit card company, it will be listed with a credit reporting agency and listed on the customer's credit report. In addition, chargebacks will be reported to the local authorities, the F.B.I., the U.S. Secret Service and Interpol. We will prosecute all incidents of fraud. In the event that a chargeback is placed on a purchase, we reserve the right to report the incident for inclusion in a chargeback abuser
database. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback (if goods shipped) + $75 for processing fees by Wire Transfer.
20. Our Address.
Knitcetra.com
6670 Kalamazoo Ave Suite E-135
Grand Rapids, MI 49508
http://www.Knitcetra.com
Procedure and Notice for Making Claims of Copyright Infringement
If you have a copyright infringement concern, please provide Knitcetra.com's agent the written information as required below. Please note that this procedure is exclusively for notifying Knitcetra.com and its affiliates that your copyrighted material has been infringed.
* An physical signature of the person authorized to act on behalf of the owner of the copyright interest;
* Description of the copyrighted work claimed to be infringed upon;
* Description of where the material that you claim is infringing is located on the site, including the item number, if applicable;
* Address, telephone number, and e-mail address of person making claim;
* Statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* Statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyrigt owner or authorized to act on the copyright owner's behalf.
Knitcetra.com's Copyright Agent on its site can be reached as follows:
Copyright Agent
Knitcetra.com Legal Department
6670 Kalamazoo Ave Suite E-135
Kentwood, MI 49508
21. DISCLAIMER: Knitcetra and Knitcetra.com or its parent company and affiliates have no affiliation with the respective product manufacturers whose products we sell. Images of pattern envelopes and the pattern manufacturers' trademarks have been used for display purposes only. All pattern company names and brands remain trademarks and/or registered trademarks of the respective pattern manufacturers.
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