Terms and Conditions
Last updated: November 12, 2016
Welcome to Make Bags with Brenda! It’s exciting to have you as part of our online community. These terms of use govern your access to and use of our products including online and downloadable classes, our website, and related applications and features across all the devices you use (e.g. computer, cell phone, tablet, etc.).
Privacy
Please review our Privacy Notice, which this agreement is incorporated as part of, and governs your visit to the Service, to understand our privacy practices.
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with http://www.makebagswithbrenda.com website (the “Service”) operated by Among Brenda’s Quilts (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
Electronic Communications
When you visit the Service or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Service. You agree that all agreements, notices, disclosures and other communications that we provide to your electronically satisfy any legal requirement that such communications be in writing.
No Gurantee of Income or Any Other Result
Under no circumstance is anything that we communicate on this site, through our products or services, or by any other means, to be construed as a guarantee of income or any other specific result.
Product and Service Recommendations
We sometimes recommend products and services from other companies. When we do, it’s with the understanding that we make no promises or guarantees of any kind regarding it’s value, or usefulness to you. When you make a purchase based in any way on our recommendation, you do so entirely at your own risk.
On occasion, we may engage in affiliate relationships with other companies. This relationship will be clearly stated on any page that contains an affiliate link.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.
Refunds
Our refund policy may be viewed here. Contact support to request a refund.
Availability, Errors and Inaccuracies
We believe that the information we provide through this website, and through our classes, seminars, courses and other products is accurate and complete. However, we cannot guarantee that this is the case. Therefore, by using this site or any of the products and services we provide, you agree that we shall not be responsible for any damages to you – including, but not limited to, loss of business, income, clients, sales and opportunities – that result in any way from your use of the information we provide. You use the information on this site, and provided through our products and services, entirely at your own risk.
We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Despite our best efforts, the products or services available on our Service may have an error regarding the price, be inaccurately described, or be unavailable.
We may experience delays in updating information on the Service.
License and Service Access
Among Brenda’s Quilts grants you a limited license to access and make personal use of this Service. You may download the downloadable PDF files but not the video content. You may not modify the downloadable PDF content. This license does not include any resale or commercial use of this Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar date gathering and extraction tools. Your purchase of any Class entitles you only to view that Class in accordance with the foregoing license, and is not a purchase of the software or content constituting or included in the Class.
In addition, you agree not to: (i) transmit, install, upload, or transfer any virus, malware, Trojan Horse, worm, robot, spider, scraper, web-crawler or other process that interferes with, disrupts, or damages the Service or any other system, hardware or software; (ii) provide others access to the Service using your user name and password, or the user name and password of another authorized user of the Service; (iii) copy, download, save, print, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works of, transfer or adapt any of the software, information, text graphics, source code of HTML code, information or content on the Service except expressly allowed by these Terms.
We reserve the right to terminate this license and your access to the Service at any time, for any or no reason and with or without notice; provide however, that such termination will not terminate your right hereunder to view any Class you’ve purchased unless you have violated these Terms. This license is personal to you. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
User Generated Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, images, or other material (“Content”) to the site. An example of this is the Show and Tell page and our user forum. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly display, perform, reproduce, and distribute such Content on and through the Service as well as in advertising, promotion, blog posts and other marketing. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
We have sole discretion over which content will appear on the Service and may exercise any of our rights and licenses herein.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Intellectual Property
The Service and all contents, including but not limited to text, images, graphics, videos, sound, website design, logos or code are the property of Among Brenda’s Quilts and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Among Brenda’s Quilts. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Among Brenda’s Quilts or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Among Brenda’s Quilts.
Among Brenda’s Quilts has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Among Brenda’s Quilts shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
User Generated Feedback
We value hearing from our users and are interested in your comments to make improvements. Any feedback, comments, reviews, ideas or suggestions regarding the Service (“Feedback”) that you provide to us will be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback. We will be free to use such Feedback in any manner without any obligation to you. You waive the right to bring any claim against us related to our use of any Feedback, including those related to ‘Moral rights”.
Reservation of Rights
We reserve the right, but do not have the obligation, to monitor the content and transactions on or thorough the Service. If we become aware of any content or transactions that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate, we may remove the content, cancel the transaction, or suspend, block, terminate or restrict access to the Service, without liability to you or any third party. We reserved the right to modify, suspend or discontinue the Service at any time, for any reason or no reason whatsoever, without any liability to you or any third party.
Indemnification
You agree to indemnify, defend and hold harmless Among Brenda’s Quilts, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
Among Brenda’s Quilts, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service (including the inability of your device to download the Service); (iii) any conduct or content of any third-party on or related to the Service; (iiv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
Among Brenda’s Quilts makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
Among Brenda’s Quilts its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Among Brenda’s Quilts chooses not to immediately act, or chooses not to act at all, Among Brenda’s Quilts will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Among Brenda’s Quilts does not waive any of its rights. Among Brenda’s Quilts shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
Exclusions
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. By using this website, buying products or services from us, or in any other way using information and advice provided by us, you agree to have read and understood these Terms And Conditions and agree to be bound by them.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, please contact us.
