Welcome to KnittWitt.com! KnittWitt.com subjects you to the
following conditions. If you visit or shop at KnittWitt.com, you accept
these conditions. Please read them carefully. In addition, when you use any
current or future KnittWitt.com service or business (e.g., Your Profile) you
also will be subject to the guidelines, terms and agreements
("Terms") applicable to such service or business. If these conditions
are inconsistent with such Terms, the Terms will control.
ELECTRONIC COMMUNICATIONS
When you visit KnittWitt.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.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations, and
software, is the property of KnittWitt.com or its content suppliers. The
compilation of all content on this site is the exclusive property of KnittWitt.com.
LICENSE AND SITE ACCESS
KnittWitt.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 KnittWitt.com.
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 KnittWitt.com. You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of KnittWitt.com
without express written consent. You may not use any meta tags or any other
"hidden text" utilizing KnittWitt.com's name or trademarks without
the express written consent of KnittWitt.com. You may not use any KnittWitt.com
logo or other proprietary graphic as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur
under your account or password. KnittWitt.com does sell products for children,
but it sells them to adults, who can purchase with a credit card or other
permitted payment method. If you are under 18, you may use KnittWitt.com only
with involvement of a parent or guardian. KnittWitt.com reserves the right to
refuse service, terminate accounts, remove or edit content, or cancel orders in
their sole discretion.
COPYRIGHT COMPLAINTS
KnittWitt.com respects the intellectual property of others. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please contact us for further action.
RISK OF LOSS
All items purchased from KnittWitt.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 carrier.
RETURNS, REFUNDS AND TITLE
Because all of our products are custom-made for each customer, we
cannot and will not accept returns or give out refunds of any kind. Every sale
is final.
PRODUCT DESCRIPTIONS
KnittWitt.com attempts to be as accurate as possible. However, KnittWitt.com
does not warrant that product descriptions or other content of this site is
accurate, complete, reliable, current, or error-free.
PRICING
Except where noted otherwise, the List Price displayed for
products on our website represents the full retail price listed on the product
itself, suggested by the manufacturer or supplier, or estimated in accordance
with standard industry practice; or the estimated retail value for a comparably
featured item offered elsewhere. The List Price is a comparative price estimate
and may or may not 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE
PROVIDED BY KNITTWITT.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. KNITTWITT.COM MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE,
UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KNITTWITT.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KNITTWITT.COM
DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE;
THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM KNITTWITT.COM ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. KNITTWITT.COM WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION,
CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS
OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTES
Any dispute or claim relating in any way to your visit to KnittWitt.com
or to products or services sold or distributed by KnittWitt.com or through KnittWitt.com
will be resolved by binding arbitration, rather than in court, except
that you may assert claims in small claims court if your claims qualify. The
Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an
arbitration award is limited. However, an arbitrator can award on an individual
basis the same damages and relief as a court (including injunctive and
declaratory relief or statutory damages), and must follow the terms of these
Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be
conducted only on an individual basis and not in a class, consolidated or
representative action. If for any reason a claim proceeds in court
rather than in arbitration we each waive any right to a jury trial. We
also both agree that you or we may bring suit in court to enjoin infringement
or other misuse of intellectual property rights.
APPLICABLE LAW
By visiting KnittWitt.com, you agree that the Federal Arbitration
Act, applicable federal law, and the laws of the state of Utah, without regard
to principles of conflict of laws, will govern these Conditions of Use and any
dispute of any sort that might arise between you and KnittWitt.com.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and
these Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition.
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