Terms of Service 1. ACCEPTANCE OF TERMS Welcome to TheEmbroideryWarehouse. TheEmbroideryWarehouse ("TheEmbroideryWarehouse") provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by TheEmbroideryWarehouse from time to time without notice to you. You should review the TOS periodically for changes at: http://www.theembroiderywarehouse.com/termsofservice.php In addition, when using particular TheEmbroideryWarehouse services, you and TheEmbroideryWarehouse shall be subject to any guidelines and rules applicable to such services which may be posted by TheEmbroideryWarehouse from time to time . All such guides and rules are hereby incorporated by reference into the TOS. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TOS to that part, but to the extent of any inconsistency between the TOS and any guide or rule, the TOS will prevail. TheEmbroideryWarehouse may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant 2. THEEMBROIDERYWAREHOUSE PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. 3. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the signup registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TheEmbroideryWarehouse of any unauthorized use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. TheEmbroideryWarehouse cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. 4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the aforementioned). When you are on any international TheEmbroideryWarehouse property, you are bound by the Terms of Service and applicable laws governing that TheEmbroideryWarehouse property. 5. INDEMNITY You agree to indemnify and hold TheEmbroideryWarehouse and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 6. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 7. MODIFICATIONS TO SERVICE TheEmbroideryWarehouse reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TheEmbroideryWarehouse shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 8. TERMINATION You agree that TheEmbroideryWarehouse in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TheEmbroideryWarehouse believes that you have violated or acted inconsistently with the letter or spirit of the TOS. TheEmbroideryWarehouse may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TheEmbroideryWarehouse may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TheEmbroideryWarehouse shall not be liable to you or any third-party for any termination of your access to the Service. 9. LIMITATION OF LIABILITY YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THEEMBROIDERYWAREHOUSE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEEMBROIDERYWAREHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELA TED TO USE OF THE SERVICE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 10. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILTY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF THEEMBROIDERYWAREHOUSE. 11. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. 12. TRADEMARK INFORMATION TheEmbroideryWarehouse, the TheEmbroideryWarehouse logo, and TheEmbroideryWarehouse trademarks and service marks, and other TheEmbroideryWarehouse logos and product and service names are trademarks of TheEmbroideryWarehouse Inc. (the "TheEmbroideryWarehouse Marks"). Without TheEmbroideryWarehouse 's prior permission, you agree not to display or use in any manner, the TheEmbroideryWarehouse Marks.