Terms of Use

Last updated February 09, 2020

These Terms of Service (the “Terms) govern your use of the websites, software applications, and other online services (collectively, “Services”) provided by Stitch Buzz, (“Stitch Buzz”or “we). The Services include, but are not limited to, the website located at StitchBuzz.com.

We may make changes to these Terms at any time by posting them on the Services.  Any changes will be effective at the time of posting.

OFFERS
You will find third party coupons, deals, advertisements and other offers on the Services (“Offers”). Offers are for products and services provided by third parties (each, a “Seller”), and if you choose to accept an Offer, the transaction will be between you and the Seller.

Stitch Buzz has affiliate relationships with certain Sellers, and may receive compensation for your purchase from, or other interactions with, these Sellers.  Stitch Buzz is not a party to, or in any way responsible for, your transaction with a Seller, including when we have an affiliate relationship with Seller.  We are not responsible fulfilling any Offers from a third party seller.

Stitch Buzz may allow you to accept Offers or make other purchases from Sellers on our Services. While our platform helps facilitate your purchase, the transaction is solely between you and the Seller. You will need to contact the Seller directly for customer service issues, including questions about the products or services for sale, order status inquiries and refund requests. Stitch Buzz does not provide any warranties or other protections for your purchase. Sellers may change and update their prices from time to time and we may not have that current information.

Before you purchase a product or service or otherwise accept an Offer, please read the entire description of the Offer, including the fine print and any additional terms and conditions set forth on the Seller’s website.  You are responsible for understanding what you are buying and for following the Seller’s instructions.  The terms and conditions of Offers, including refund and cancellation policies, are governed by the Seller’s policies, not ours.  Please contact the Seller directly for questions regarding the Offer or your transaction with Seller.

YOUR CONTENT
You may post content, including photos, comments, links, Offers, and other materials on, or using, our Services. Anything that you post or otherwise make available on the Services is referred to as “User Content.”  When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws.

Aside from the limited license described below, you retain all rights in the User Content.  You grant Stitch Buzz, its affiliates and its users a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, publish, transmit, modify, create derivative works, perform, and distribute your User Content on the Services, and on third party sites (e.g., under our account with a social networking site). Nothing in these Terms shall restrict other legal rights Stitch Buzz may have to User Content.  We are not obligated to review or monitor User Content but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

We do not guarantee how quickly your User Content will appear on the Services or how and where it will appear. We reserve the exclusive right to describe, categorize and place Offers in our sole discretion.

We value hearing from you and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas or feedback, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.

YOUR OBLIGATIONS
In addition to your other responsibilities under these Terms, you must comply with the following:

    • You must be at least age 15 or legally able to form a binding contract in order to use the Services.  You may not use the Site or our services under any circumstances if you are under age 13.
    • You must abide by all applicable laws and refrain from violating any third party rights. You must comply with any applicable third-party terms in connection with your use of the Services.
    • You must comply with all policies posted on the Services.
    • You must have all necessary rights to any User Content you post on the Services, including intellectual property rights.
    • You may not use the Services to collect information about other users, such as email addresses, and you may not distribute or post spam, send unsolicited communications or circulate bulk emails.
    • You must provide accurate and honest information to us at all times, including in your User Content.
    • You may not post User Content that is misleading, deceitful or illegal, or that encourages Users to visit a website or complete a transaction that is illegal.
    • Your Offers may only include products or services that fall within the categories shown on the Services.
    • You may not reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services or any portion of the Services.
    • You may not derive the source code of the Services for any reason.
    • You may not rent, sell or sublicense any of the Services.
    • You may not damage, interfere with, disrupt or unreasonably overload the Services.

OUR CONTENT AND PROPRIETARY RIGHTS
You may not copy, repurpose or distribute content found on the Services, including Offers, for any purpose, without our express written permission. For example, you may not copy our Offers onto any website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission.

You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. Stitch Buzz or its licensors are the exclusive owners of all software, graphics, designs, technology and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Services. Except as set forth in these Terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by us.

INFRINGEMENT
We respect intellectual property rights and expect our users to do the same.   If you believe that your intellectual property rights have been violated, please inform us by emailing info@StitchBuzz.com

CONTACT INFORMATION
We may contact you using the contact information you provide us, including by email, phone or your mailing address.  We may need to contact you about your use of the Services or your account, or to provide announcements about the Services.   We also may contact you to provide you with promotional offers and other marketing.  If you wish to opt out of marketing emails, please click on the unsubscribe link at the bottom of such emails.

We comply with all applicable laws and regulations on sending e-mails,

You can also contact us at:

Stitch Buzz
PO Box 250965
Plano, TX 75023

PRIVACY POLICY
Our Privacy Policy can be found here: http://stitchbuzz.com/privacy

INDEMNITY
You will indemnify, defend, and hold harmless Stitch Buzz, its affiliates, officers, directors, shareholders, employees, contractors, licencors, licensees, agents, and representatives and the other users of our services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Services and your User Content.  We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.  You agree to cooperate with our defense of such claim.

DISCLAIMERS
Stitch Buzz is not a party to the transactions between you and a Seller.  We do not control the products or services associated with Offers, including their availability or Seller’s right to sell them.  We do not guarantee the truth or accuracy of the Offers.

We provide the Services “as is” and “as available” without any warranties, whether express, implied or statutory.  We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement.  The Covered Entities do not make any representation as to the potential revenues or other benefits you may realize by using the Services.

The Services contains links to third-party websites, apps and other online properties that are not owned or controlled by Stitch Buzz. The Services also makes available for purchase products and services from third-party merchants. We do not endorse or assume any responsibility for any such third parties or third-party properties. If you access a third party website, app or other property, you do so at your own risk and you agree that Stitch Buzz will have no liability arising from your use of any such properties.

Please note that some jurisdictions do not allow disclaimers of certain warranties or exclusions, so these some or all of these disclaimers and exclusions may not apply to you.

LIMITATION OF LIABILITY
To the maximum extent permitted by law, the Covered Entities shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to these Terms or the use of or inability to use the Services, even if we have been advised of the possibility of such damages.  If the foregoing limitation is not legally enforceable, the maximum liability of all Covered Entities collectively, for all actions arising out of or related to these Terms, the Privacy Policy, and the Services is $5.00.  Some jurisdictions do not allow limits of liability for some types of damages, so all or part of this limitation may not apply to you.

MISCELLANEOUS

    • These Terms incorporate any policy that is posted on the Services, including our Privacy Policy, and our Terms and Conditions for Stitch Buzz Giveaways, Promotions and Offers.
    • We will be entitled to recover all costs, including attorneys’ fees, that we incur in order to enforce these Terms.
    • Any notices required or permitted by these Terms (other than legal process) may be given by email with the proviso that we will email your account address and you will email us at info@StitchBuzz.com.  Email notices will be deemed effective 24 hours after the time of sending.  Mailed notices will be deemed effective three calendar days after the date of mailing.
    • You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
    • You cannot assign your rights under these Terms without our written agreement.  We can assign our rights and obligations to any entity or entities that agree to be bound by these terms.

You represent and warrant that (1) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; and (2) you are not listed on any US government list of prohibited or restricted parties.

 

DISPUTE RESOLUTION

INFORMAL NEGOTIATIONS
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

BINDING ARBITRATION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States, Collin County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Collin County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

RESTRICTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE FIRST MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $200.00 USD. 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: 

  1. your Contributions;
  2. use of the Site;
  3. breach of these Terms of Use;
  4. any breach of your representations and warranties set forth in these Terms of Use;
  5. your violation of the rights of a third party, including but not limited to intellectual property rights; or
  6. any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US 
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Stitch Buzz
PO Box 250965
Plano, TX 75025
United States

info@StitchBuzz.com

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