Terms and Conditions Of Use
This document was last updated on April 17 2012.
Use of the website at www.CreativeKnitwear.com(the “Website” or “Site”) and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies (including privacy policies) and terms and conditions that may appear on this Website (collectively, the "Terms and Conditions"). Your use of this Website in any manner, whether browsing, creating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. We reserve the right to modify or change any of the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read the Terms and Conditions carefully each time you use this Website.
- ACCOUNT. If you create an account on this Website, you agree that all information you provide will be accurate and that you will keep such information current at all times. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password.
- MINIMUM AGE REQUIREMENT. This Website is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using this Website, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract.
- CONTACT INFORMATION. You may contact Creative Knitwear by sending an email to firstname.lastname@example.org or by writing to us at:
P.O. Box 921852
Norcross, Georgia 30010
- PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS. We are not infallible, and therefore we do not represent or warrant that product specifications, pricing, or other content on this Website is complete, accurate, reliable, current or error-free. In the event of any errors, Creative Knitwear shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. If you receive a product from Creative Knitwear that is not as described, your sole remedy is to return it in unused condition.
- SELLER; RISK OF LOSS. All items purchased from Creative Knitwear are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
- GENERAL. All orders are subject to Creative Knitwear’s approval, in its sole discretion. The minimum order we accept is $100.00; any orders less than $100.00 will be subject to an additional $10.00 service charge. Any merchandise ordered on credit is subject to approval by Creative Knitwear in its sole discretion, which may be withheld or revoked at any time, and is subject to the a finance charge of 1.5% per month or the maximum allowed by law, which is greater.
- RETURNS. If you need to make a return, please contact us in advance by calling (706) 657-2885 to obtain written authorization. We will not accept any returns without advance written authorization. All returns must be received by us within two weeks of the date of invoice of the merchandise being returned. Any merchandise returned without original packaging or stickers is subject to a 30% restocking fee. Returns should be sent via UPS or FedEx to:
Creative Knitwear, Inc. Return Department
54 Jacoway Street
Trenton, GA 30752
or via U.S. Mail to:
Creative Knitwear, Inc. Return Department
P.O. Box 0721
Trenton, GA 30752
- ELECTRONIC COMMUNICATIONS. You agree to electronic communication for all of your transactions and communication with Creative Knitwear. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
- PERMISSIBLE CONDUCT. You may access and use this Website only for personal, non-commercial, lawful purposes. To the extent that you post any content on the Website or submit any content to Creative Knitwear, you warrant and represent that such content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Creative Knitwear reserves the right (but not the obligation) to remove or edit such content. You grant Creative Knitwear a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Creative Knitwear the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Creative Knitwear for all claims resulting from content you supply. Creative Knitwear has the right but not the obligation to monitor and edit or remove any activity or content. Creative Knitwear takes no responsibility and assumes no liability for any content posted by you or any third party.
- LICENSE AND SITE ACCESS. Creative Knitwear grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Creative Knitwear. This license does not include any resale or commercial use of this Website or its contents. No content on this Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Creative Knitwear. You may not frame or utilize framing techniques to enclose any content on this Website without express written consent of Creative Knitwear.
- COPYRIGHTS AND TRADEMARKS. All content included on this Website is the property of Creative Knitwear, its content suppliers or its licensors is and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Creative Knitwear and protected by U.S. and international copyright laws. All software used on this site is the property of Creative Knitwear or its software suppliers and protected by United States and international copyright laws. The Creative Knitwear name and logo are owned by Creative Knitwear and may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Creative Knitwear. All other trademarks not owned by Creative Knitwear that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Creative Knitwear.
- TERMINATION OR CANCELLATION. You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your account, or suspend or block your access to the Site.
- DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED BY CREATIVE KNITWEAR ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE KNITWEAR MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. CREATIVE KNITWEAR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATIVE KNITWEAR EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER CREATIVE KNITWEAR, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF CREATIVE KNITWEAR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
- ADDITIONAL TERMS. The Terms and Conditions constitute the entire agreement between you and Creative Knitwear with respect to this Website. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Creative Knitwear to shop with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Creative Knitwear. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect. The headings used in the Terms and Conditions are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of the Terms and Conditions or any provision thereof. This Website is owned and operated by Creative Knitwear, Inc. (“Creative Knitwear”, sometimes referred to herein as “we”, “us” or “our”).
- NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT. If you believe that any works on this Website infringe your copyright rights, please provide our copyright agent with information as required by Section 512(c) of the U.S. Copyright Act. Our Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows:
Douglas M. Isenberg, Esq.
The GigaLaw Firm
5555 Glenridge Connector
Atlanta, Georgia 30342
Fax: (678) 681-9681