TERMS AND CONDITIONS
Sheila McGoldrick, owner of Handy Burp’ems (referred to herein as "Handy Burp’ems", "We", "Us", "Website" or collectively, as "Company").
This page states the "Terms and Conditions" of Handy Burp’ems under which You (the "User"), may use Handy Burp’ems, (the "Website") and any good, service or information available on the Website. The Terms and Conditions are a legally binding contract.
By using this Website, You are indicating Your acceptance to be bound by the terms of these Terms and Conditions and are indicating that You are at least eighteen (18) years old.
Handy Burp’ems, a division of Handy Burp’ems, (the “Company”) may revise these Terms and Conditions at any time by updating this page. It is advised that the User periodically review the Terms and Conditions, because they are binding on the User. If at any time You find the Agreement unacceptable, You should no longer use the Website. The terms “You” and “User” as used herein refer to all individuals and/or the entities they represent (jointly and severally) accessing this Website for any reason and include, but are not limited to, “Quilt Shops” (person(s) or entity that is accessing the Website to obtain information about starting or operating a quilt shop). These Terms and Conditions are effective as of June 1, 2018.
ALL SALES ARE FINAL. If you purchase it, you own it. There are NO REFUNDS offered for any downloadable products you purchase.
Use of Material.
The Company authorizes You to view the Material (defined below) on the Website and in emails from the Company solely for the purpose of enhancing your knowledge and skills.
The Website is intended for individuals looking for ways to better themselves and/or their skills. You may use this Website only for lawful purposes within the stated context of the Website’s intended and acceptable use. Handy Burp’ems is the sole interpreter of the Website’s intended and acceptable use. As a quilt member, this authorizes You to view the material on the Website and in emails from the Company solely for your quilt shop use. Your use of the Website is a privilege. Handy Burp’ems reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
Intellectual Property Rights.
The Website and all owner-created content are the right, title and interest in and to the Website is the sole property of Handy Burp’ems, a division of Handy Burp’ems or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Handy Burp’ems reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Website, the Website’s design logo and certain other names or logos which are service marks or trademarks of Handy Burp’ems, and all related product and service names, design marks and slogans which are the service marks or trademarks of Handy Burp’ems. In addition, the “look” and “feel” of the Website (including color combinations, button shapes, layout, design, and all other graphical elements) are also protected by Handy Burp’ems trademarks, service marks and copyrights. All other product and service marks contained on the Website are the trademarks of their respective owners.
Registration & User Information.
Nothing on the Website shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web Website, products, services, experience, or otherwise.
The Material may contain inaccuracies or typographical errors.
Handy Burp’ems makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any material contained therein placed by you on the Website.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE.
(b) IN NO EVENT SHALL HANDY BURP’EMS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HANDY BURP’EMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN HANDY BURP’EMS’ MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL HANDY BURP’EMS (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $200.00.
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Handy Burp’ems will be entitled to equitable relief upon a breach of this agreement by you.
Promise Not to Sue & Indemnity.
The Website may contain links to third party Websites as a convenience. The Company is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If You decide to access linked third party Websites, You do so at Your own risk. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Handy Burp’ems with respect to the provider of such linked Website or the quality, reliability or any other characteristic or feature of such linked Website and Handy Burp’ems is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked Website, including without limitation, the content provided on or through any such linked Website or your reliance thereon. Handy Burp’ems MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED WEBSITE: YOUR USE OF ANY LINKED WEBSITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked Website is subject to the terms and conditions applicable to that Website.
No Resale or Unauthorized Use.
You agree not to resell or assign Your rights or obligations under these terms and Conditions. You also agree not to make any unauthorized use of the Website.
The Company reserves the right, at its sole discretion, to terminate Your use of the Website at any time for any reason, in which case, You would receive a refund for any amounts paid for services not yet rendered if You were in compliance with these Terms and Conditions when Company denied Your right of continued use of the Material or Website. To the maximum extent allowed by law, the Company may deny any company or person the right to use the Material or Website.
Amendments to this Agreement and Changes to Website.
Handy Burp’ems may revise this document at any time by updating this page. Changes will be binding on you on the date they are posted on the Website (or as otherwise stated in any notice of such changes). Any use of the Website will be considered acceptance by you of the then-current Terms and Conditions. If at any time you find the Terms and Conditions unacceptable, you may not use the Website any longer. Any new or different terms supplied by you are specifically rejected by Handy Burp’ems unless Handy Burp’ems agrees to them in a signed writing specifically including those new or different terms. Handy Burp’ems may change the Website at any time.
Questions and Notices.
Questions concerning the use of the Website should be directed to us using the “Contact Us” page. Notices shall be sent, for Handy Burp’ems, to the address listed on the Website, and, for you, to the email address submitted by you or such other address as Handy Burp’ems reasonably determines is an appropriate address for you.
Handy Burp’ems makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Website. If you access Handy Burp’ems from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms and Conditions and your Service Agreement, if you have one, are governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. Jurisdiction for any claims arising under the Terms and Conditions or your Service Agreement shall lie exclusively with the state or federal courts in the State of Pennsylvania. The sole relationship between You and Handy Burp’ems is that of independent contractors. If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of the Terms and Conditions, which shall remain in full force and effect. All provisions of the Terms and Conditions shall survive termination except those granting access or use to the Website, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under the Terms and Conditions. No waiver of any term of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Handy Burp’ems in a particular “Legal Notice,” or software license or material on particular Web pages of the Website, the Terms and Conditions and your Service Agreement where applicable, constitute the entire agreement between you and Handy Burp’ems.