Terms and conditions of Service

The Embroidery Dynamics web site (the “site”) is an online information service provided by Embroidery Dynamics (“Embroidery Dynamics “), subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site. Embroidery Dynamics may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Copyright, licenses and idea submissions.

The entire contents of the site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Embroidery Dynamics, its affiliates or other third party licensors. You may not modify copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of material from the different areas of the site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Use of the site.

You understand that, except for information, products or services clearly identified as being supplied by Embroidery Dynamics, does not operate, control or endorse any information, products or services on the internet in any way. Except for Embroidery Dynamics- identified information, products or services, all information, products and services offered through the site or on the internet generally are offered by third parties, that are not affiliated with Embroidery Dynamics a. You also understand that Embroidery Dynamics cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the site and the internet. Embroidery Dynamics provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Embroidery Dynamics shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Embroidery Dynamics does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Embroidery Dynamics has no control over and accepts no responsibility whatsoever for such materials.

Limitation of liability

In no event will Embroidery Dynamics be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if Embroidery Dynamics or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Embroidery Dynamics liability is limited to the greatest extent permitted by law.

Embroidery Dynamics makes no representations whatsoever about any other web site which you may access through this one or which may link to this site. When you access a non-Embroidery Dynamics web site, please understand that it is independent from Embroidery Dynamics, and that Embroidery Dynamics has no control over the content on that web site. In addition, a link to a Embroidery Dynamics web site does not mean that Embroidery Dynamics endorses or accepts any responsibility for the content, or the use, of such web site.

Indemnification.

You agree to indemnify, defend and hold harmless Embroidery Dynamics, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing the service.

Third party rights.

The provisions of paragraphs 2 (use of the service), and 3 (indemnification) are for the benefit of Embroidery Dynamics and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.