USER AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS ON WHICH KNOTCARVER.COM OFFERS YOU ACCESS TO OUR USER SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Knotcarver.com. This Agreement describes the terms and conditions that apply to your use of our services and our Privacy Policy available under the domain www.knotcarver.com (the "Site"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
If you have any questions, please refer to our Frequently Asked Questions.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages referred to in this document, as they may contain further terms and conditions that apply to you as a Knotcarver.com user. Please note: underlined words and phrases are links to these pages.
We may amend this Agreement at any time by posting the amended terms on the Site. This Agreement is effective on August 25th, 2003 for all users.
1. Buyer Eligibility.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Knotcarver.com users. If you are purchasing as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2. Knotcarver.com is a Venue.
Knotcarver.com is not a traditional retailer or wholesaler. Although we are commonly referred to as an online store, it is important to realize that we are not a traditional business. Instead, the Site acts as a venue to allow users to buy carvings and materials at anytime, from anywhere. While we do handle the actual transaction between buyers and sellers, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction.
3. Release.
Because we are a venue, in the event that you have a dispute arising from sales initiated on Knotcarver.com, you release Knotcarver.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
4. Information Control.
We do not control the information provided by sellers that is made available through our system. While we strive to encourage clear and honest listings on the Site, you may find seller's information to be inaccurate, or deceptive. Knotcarver.com is not responsible for the acts or omissions of sellers on the Site.
5. Fraud.
Without limiting any other remedies, Knotcarver.com may suspend or terminate your order if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
6. Definition.
"Your Information" is defined as any information you provide to us when ordering items. You are solely responsible for the accuracy of Your Information, and we act as a passive conduit.
7. Integrity.
You may not take any actions that may undermine the integrity of the Site. We may limit the number of orders you may place on the Site if you persistently fail to complete transactions in a timely manner. In any case of this nature your order may be suspended.
8. Breach.
Without limiting other remedies, we may limit your activity, temporarily suspend, indefinitely suspend or terminate your order and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our members or us.
9. Privacy.
We do not sell or rent your personal information to third parties for their marketing purposes at all and we only use your information for transaction and shipping purposes. We view protection of users' privacy as a very important principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use our services.
10. No Warranty.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
11. Liability Limit.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Indemnity.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13. Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your purchasing of items.
14. No Agency.
Members and Knotcarver.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Notices.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Knotcarver.com P.O. Box 457, Canyon City, OR 97820 (in the case of Knotcarver.com) or to the email address you provide to Knotcarver.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Knotcarver.com during the purchasing process. In such case, notice shall be deemed given 3 days after the date of mailing.
16. Resolution of Disputes.
In the event a dispute arises between you and Knotcarver.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Knotcarver.com agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the sections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
17. Binding Arbitration.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Knotcarver.com may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
18. Court.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Grant County, Oregon. You and Knotcarver.com agree to submit to the personal jurisdiction of the courts located within Grant County, Oregon.
19. Alternative Dispute Resolution.
Alternatively, Knotcarver.com will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Grant County, Oregon or another location mutually agreed upon by the parties.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with Sections 21 through 24 by the first party to file a Claim. Should either party file an action contrary to these Sections 21 through 24, the other party may recover attorneys' fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
20. Additional Terms.
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site:
Shipping Policy: http://www.Knotcarver.com/about/shipping.php
Special Orders: http://www.Knotcarver.com/about/spcl_orders.php
Return Policy: http://www.Knotcarver.com/about/returns.php
Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
21. General.
This Agreement shall be governed in all respects by the laws of the State of Oregon as such laws are applied to agreements entered into and to be performed entirely within Oregon between Oregon residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Knotcarver.com in accordance with Section 15 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections shall survive any termination or expiration of this Agreement.
22. Disclosures.
The services hereunder are offered by Knotcarver.com, located P.O. Box 457, Canyon City, OR 97820.
Disputes between you and Knotcarver.com regarding our services may be reported to Customer Support by going to http://www.Knotcarver.com/support.php.
