Blue Moon Embroidery Supply

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Privacy Policy

This document explains the terms and conditions for using 5T�s website. Please read this document carefully before using the website or establishing a customer account with 5T�s. By using 5T�s website, establishing an account, or completing a purchase, you thereby acknowledge that you have read this document, understand it and agree to be bound by its terms and conditions.

 

Privacy Policy

5T's use of your personal information collected on the website is governed by the terms of our Privacy Policy. 5T�s Privacy Policy sets forth our sole obligations with respect to customer data and privacy.

 

Children
While 5T�s cannot prevent children under 18 years of age from viewing our website, children under 18 may not use or register for the services offered on our website or purchase merchandise. 5T�s encourage parents and guardians to supervise the activity of all children under the age of 18 when using the Internet.

 

Trademarks
 http://www.5ts.com/ is a trademark of 5T�s Embroidery Supply. Various marks, graphics, typefaces, trade names and logos appearing on the website may similarly be trademarks of 5T�s, and all rights are reserved. You may not make any use of 5T�s trademarks without permission. 5T�s retains all ownership in and good will associated with such trademarks. Other trademarks used on the website are the property of their respective owners.

 

Copyright
5T�s and its suppliers retain all right, title and interest in and to all content (and all compilations thereof), including without limitation, any text, graphics, and inventory information that appears on our website. 5T�s content is protected by U.S. and international copyright law. No right, title, or interest to any of 5T�s content is transferred to anyone by their use of the 5T�s website.

 

You may access and view 5T�s website solely for personal purposes. You may copy limited portions of the content solely for personal, noncommercial use, provided that you do not make such content available to any third party, and you do not remove any proprietary notice from such content, or alter the content in any way. You may not: modify, delete, add to, or create derivative works of 5T�s website.

 

You may not publish, distribute, or transmit the content in any manner; copy or post the content for public display; collect, re-purpose or reuse any data or product listings contained in the website; sell or attempt to sell the content; exploit the content for your own purposes; or make derivative use of 5T�s website or its content.

 

Supplier Content

5T�s makes use of information provided by suppliers. We have no control over supplier content, and are not responsible for its completeness, accuracy, or reliability. Any information, advice, opinions, or statements contained within such supplier content are attributable to the author of such content and not to 5T�s. While 5T�s has no obligation to monitor supplier content, 5T�s does reserve the right to edit or remove any supplier content which we deem to be inappropriate.

 

Content Corrections and Updates

5T�s does not guarantee the accuracy, completeness or reliability of information appearing on the website. The website may contain errors and omissions relating to product description, pricing and availability. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice.

 

We also reserve the right to cancel an order for a product in the event of an error or omission in the description of such product, including incorrect pricing information, whether due to a typographical error, an error in information received from our suppliers, or otherwise.

 

Placing Orders on www.5ts.com

While the majority of our orders come from customers in the continental United States, Hawaii, and Alaska, we also do accept orders from international locations.  However, 5T�s reserve the right to decline to process any order - for any reason.

 

The risk of loss and title for all merchandise ordered passes to the customer when 5T�s delivers the customer�s order to the shipping carrier.

 

We reserve the right to change our billing and payment procedures at any time by posting the new procedures on our website. Use of 5T�s website after such changes are posted constitutes acceptance of all changes.

 

All product returns are subject to 5T�s Return Policy.

 

Special Offers

Any special offers on 5T�s website, are subject to the particular terms and conditions (including time limitations) of such offers. Unless otherwise specified, you may use only one special offer in connection with a given transaction.

 

User Responsibilities

You agree that all billing and customer registration information, which you provide on 5T�s website, will be accurate and complete.

 

For certain activities you conduct on 5T�s website, you will receive or have received an account name and a password. 5T�s retains ownership of your account and makes it available for your use for the duration of your account activation. It is solely your responsibility to keep your account information and password secure and up to date. You must not disclose your password to anyone.  Only persons employed by you can be authorized to use your account, and in doing so you assume all resulting liability from use of 5T�s website for such authorized person(s). You agree to notify us immediately of any unauthorized use of your account or any other breach of security of which you have knowledge, or may suspect.

 

5T�s disclaims all liability arising from, or related to, the customer�s failure to keep their account name and password secure.

 

Prohibited Uses

You agree to use 5T�s website only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of 5T�s website in violation of any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is strictly prohibited and will result in the immediate removal of your account.

 

5T�s expressly prohibits any unauthorized supplier or third party from linking to www.5ts.com.

 

Indemnity
You agree to indemnify and hold 5T�s and our employees harmless from any claim or demand, including attorneys' fees, arising out of your use of 5T�s website, any contributed content, your violation of this agreement, or your violation of any third-party rights, including without limitation, the infringement by you, or any other user of your account, of any intellectual property rights, privacy rights, or other rights of any person or entity.

 

LIMITATION OF LIABILITY

In no event will 5T�s, or our suppliers, be liable for any damages whatsoever (including without limitation those resulting from lost profits lost data, or business interruption) arising out of the use or inability to use 5T�s website, or any information contained on the website, whether such damages are based upon warranty, contract, tort, or any other legal theory, and whether or not such party is advised of the possibility of such damages.

 

Our aggregate liability and the aggregate liability of any of our suppliers, arising from or relating to this agreement (regardless of the form of action or claim, E.G., contract, warranty, tort, strict liability, negligence, malpractice, fraud, or any other legal theory) is limited to one-hundred dollars ($100).  Applicable law may not allow the exclusion or limitation of incidental or consequential damages in certain specific instances.

 

DISCLAIMER OF WARRANTIES

5T�s website and all related materials are provided on an �as is� and �as available� basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the customer.  Except for the express warranties explicitly provided herein, neither 5T�s nor our suppliers make any representations or warranties of any kind, express or implied, as to the operation of the website, the content, or information made available by or through the website, any goods purchased or obtained through the website, or any transactions entered into by or through the website.

 

To the extent permitted by law, 5T�s and our suppliers disclaim all warranties, express or implied, including but not limited to, implied warranties or merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. Neither 5T�s nor our suppliers warrant that use of the website will be uninterrupted, available at any time, secure or error free, or free of harmful components.

 

Neither 5T�s nor our suppliers warrant that the website will meet the customer�s requirements, or that any defects will be corrected.  Furthermore, neither 5T�s nor our suppliers make any warranty as to the results that may be obtained from the use of the website or as to the accuracy, completeness, reliability, or timeliness of any information available on or through the website.

 

The customer understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the website is done so at their own discretion and risk.  The customer also understands and agrees that they will be solely responsible for any damage to their computer system, or loss of data, that results from the downloading of such material and/or data.

 

No advise or information, whether oral or written, obtained by the customer from 5T�s or through the website shall create any warranty not expressly made herein.

 

Violation of Agreement

Please also note that at any time, if we determine that you have abused or violated the letter or intent of any of these terms, conditions or guidelines, or any applicable law, we reserve the right to terminate or suspend your access to 5T�s website and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Users who violate this contract may additionally incur criminal and/or civil liability.

 

Modifications
Please note that 5T�s may change this document at any time by posting the modified document on the http://www.5ts.com/ website or by otherwise notifying you of such change. Use of 5T�s website after such changes are posted constitutes acceptance of all changes.

 

General
This document shall be governed by and construed in accordance with the laws of the state of New York as it is applied to contracts entered into by residents of the state of New York. The customer also consents to the exclusive jurisdiction of and waives all objections to venue in the state and federal courts in Ontario County, New York, and to the exercise of personal jurisdiction of the courts therein. If any provision(s) of this document are found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect. 5T�s failure to exercise or enforce any right or provision of this document shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The customer and 5T�s agree that any cause of action arising out of or related to this document or 5T�s website must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this document are solely used for the convenience of the parties and have no legal or contractual significance. This document (including the 5T�s Privacy Policy, incorporated herein by reference) constitute the entire agreement between the customer and 5T�s with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. No customer may reassign this agreement to any other party.

 

Policy for Claims of Infringement of Copyrighted Material

If you believe that material is posted on the 5T�s website in a manner than infringes your copyright, please notify us by providing the following information in writing:

�         A physical or electronic signature of the owner of the allegedly infringed copyright, or such owner's authorized representative.

�         A description of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are at issue, a complete list of such works.

�         A description of the material on the 5T�s website that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate that material.

�         The address, telephone number, and, if available, an electronic mail address where you may be contacted.

�         A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

�         A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.