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: 

Forty percent (40%) 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. .

(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. Membership will automatically renew each year for additional one-year periods commencing on the day after the anniversary of the last day of the calendar month in which the Membership was purchased (referred to as "Continuous Membership") unless you notify us by email at info@xs-collectibles.com or we terminate your Membership.

Renewal Memberships will be billed to your credit card in the amount of the current annual Membership fee on the first day of the month in which your current Membership term expires.  

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 Commonwealth of Pennsylvania, 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 February 7, 2008.