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These Terms
and Conditions (this "Agreement") govern any Membership in the Cross
Stitch Collectibles Member Program. The Cross Stitch Collectibles
Member Program ("Membership") is a loyalty program brought to you by
Cross Stitch Collectibles ("we," "us," "our," "ours"). Purchase or
use of the program at any time subjects the purchaser or user
("you," "your," "yours," "Members") to the terms and conditions
hereof.
BENEFITS
The Cross Stitch Collectibles Member Program entitles Members to the
following benefits:
Fifty
percent (50%) discount on eligible purchases made online, via mailorder
and/or fax from the Cross Stitch Collectibles website (xs-collectibles.com).
CERTAIN
CONDITIONS
(a) For any discount or other benefit to apply, the Membership
account number must be active and available at the time of purchase.
You will not be reimbursed retroactively for purchases made without
a Member discount.
(b) Membership benefits are only valid on
eligible purchases from Cross Stitch Collectibles. Members
do not receive discounts on shipping and handling fees; or the Cross
Stitch Collectibles Member Program annual fee. Membership discounts
are not valid on purchases at retail stores or purchases of patterns
provided via Cross Stitch Collectibles distributors, or on the
purchase of our downloadable patterns.
(c) Membership
discounts will be applied after all other eligible discounts and
deductions (e.g., everyday discounts, coupons, seasonal sale
discounts, etc.) are applied, except where otherwise noted.
(d) Membership
benefits do not apply in conjunction with any coupons or with any
corporate or prearranged group corporate, institutional, and volume
discounts.
(e) Membership
benefits are non-transferable. When used online at
xs-collectibles.com, a Membership may only be associated with one
Cross Stitch Collectibles account.
(g) We expect
Members to submit and maintain accurate user information in
connection with their Cross Stitch Collectibles Member account. Such
information includes name, address, e-mail address and telephone
number. Members can change their account information by signing into
their Member account on the xs-collectibles.com website. We cannot assume any liability for
correspondence, mail or e-mail, that is lost, delayed, or
misdirected.
MEMBERSHIP FEE
The annual Membership fee is currently $25. We may change the
Membership fee at any time, but changes will apply only to new and
renewal Memberships. Membership fees are non-refundable unless the
membership is cancelled within the first 30 days after purchase,
and the member has not made a purchase of merchandise using the
membership. Partial refunds of
the Membership fee are not available.
TERM RENEWAL
The initial term of Membership shall commence on the date it is
purchased and continue until one year from the last day of the
calendar month in which the Membership was purchased. Memberships
are not automatically renewed, so if you wish to continue your
membership after it has expired, please visit our website to
purchase a new annual membership.
MEMBERSHIP
CANCELLATION
You have the right to cancel your Membership at any time. If you
cancel your Membership, you will only be entitled to a full refund
of your Membership fee if you cancel during the first thirty (30)
days of your initial or renewal Membership term, and you have not
used your membership for purchases. No refunds will be available
after such thirty (30) day period (unless we terminate the Cross
Stitch Collectibles Member Program; see Program Termination section
below).
You can cancel
your Membership by
contacting us via email at info@xs-collectibles.com.
We may
terminate your Membership, including any associated accounts,
without notice, for any reason in our sole discretion, including
without limitation our belief that continued use of such Membership
would violate any provisions of this Agreement, applicable law, or
otherwise be harmful to our interests. In the event of any such
termination, you will be entitled to a pro rata refund of your
Membership fee.
PROGRAM
TERMINATION
We may terminate any or all of the benefits available under the
Cross Stitch Collectibles Member Program at any time with or without
notice. In the event of our termination of this program, at our
election we will either maintain your Membership benefits until
expiration of the Member's current Membership term or refund each
Member a pro rata portion of the Membership fee for the remaining
portion of your current Membership term.
PRIVACY
As a Member, the information we capture will be subject to the Cross
Stitch Collectibles Member Program Privacy Policy as amended from
time to time in accordance with its terms. You may view the current
version of the Privacy Policy at xs-collectibles.com/membership/privacy-policy.aspx.
You may receive of a copy of the Privacy Policy by calling
570-441-3819.
DISCLAIMERS;
LIMITATION OF LIABILITY
USE OF CROSS STITCH COLLECTIBLES MEMBERSHIP IS AT YOUR SOLE RISK.
THE MEMBER BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. CROSS STITCH COLLECTIBLES, AND THEIR RESPECTIVE AFFILIATES,
DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "PROVIDER") EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. PROVIDER MAKES NO WARRANTY THAT (i) CROSS STITCH
COLLECTIBLES MEMBERSHIP WILL MEET YOUR REQUIREMENTS, (ii) CROSS
STITCH COLLECTIBLES MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU FROM YOUR USE OF CROSS STITCH COLLECTIBLES MEMBERSHIP WILL MEET
YOUR EXPECTATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROVIDER HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE CROSS STITCH COLLECTIBLES MEMBERSHIP OR
ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED VIA THE USE CROSS STITCH COLLECTIBLES MEMBERSHIP; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CROSS STITCH
COLLECTIBLES MEMBERSHIP DATA; OR (iv) ANY OTHER MATTER RELATING TO
CROSS STITCH COLLECTIBLES MEMBERSHIP. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
GOVERNING LAW
This Agreement, and the respective rights and obligations of the
parties hereunder, shall be governed by, and construed in accordance
with, the laws of the state of Nevada, without regard
to conflict of law principles.
BINDING
ARBITRATION
Any controversy or claim arising out of or relating to this
Agreement (including any breach thereof) or the Cross Stitch
Collectibles Member Program shall be settled by arbitration
administered by the American Arbitration Association under its
Commercial Arbitration Rules (including without limitation the
Supplementary Procedures for Consumer-Related Disputes), and
judgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof. Any such controversy or
claim shall be arbitrated on an individual basis and shall not be
consolidated with any claim or controversy of any other party. The
foregoing shall not preclude Cross Stitch Collectibles from seeking
any injunctive relief in State or Federal courts for protection of
their respective intellectual property rights (including such rights
of their respective licensors).
CHANGES TO
THIS AGREEMENT
We may change the terms of this Agreement at any time by posting a
revised Agreement on the Member Program website located at
xs-collectibles.com/membership/termsofuse.aspx. We may also notify
Members of such change in writing either by regular mail or via
e-mail to the e-mail address in the Member's account. Any change
shall take effect upon thirty (30) days from the date it is posted
on the Member Program website. You may view the current version of
this Agreement at any time online at xs-collectibles.com/membership/terms.aspx.
This Agreement
was last modified on November 4, 2011. |