R.S. Sewing Terms and Conditions

  1. Welcome to the RS Sewing website (the “Website”). The terms “we”, “us”, and “our”, refers to RS Sewing, a corporation organized under the laws of the State of Ohio, and its subsidiaries. The term “you”, “yourself”, and “Purchaser” refers to the individual, and all legal entities associated with the individual, who views this Website and/or purchases the services and products offered by the Website. This Website, and all services and products you may purchase from us are conditioned on your acceptance of the terms and conditions set forth below, without modification (the “Agreement”). By checking the box which appears at the end of these terms and conditions, you will have created a contract which is legally binding and enforceable between us and you in a court of law. Therefore, you should read this Agreement carefully. By accessing the information included in this Website, you agree you will use this Website in accordance with this Agreement. We retain the right, at our sole discretion, to deny access to anyone to this website and the services and products we offer, without reason, including, without limitation, for violation of this Agreement

    If you do not agree with all of the provisions set forth in this Agreement, you should not continue to view this Website, and you should not purchase any service or product from this Website. We recommend that you return to this page on a periodic basis to review the current version of this Agreement. We reserve the right at any time, and without notice, to modify this Agreement, in which case your continued access to this Website, your continued access to your back office, or your continued sale of leads, will constitute acceptance of any modified Agreement.
  2. The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or re-sell any information, software, products, or services obtained from or through this Website.
  3. You acknowledge and agree to the following:

    (i) that you are at least eighteen (18) years of age or older and are not under any legal disability which prevents you from entering into a binding contact; (ii) that all of the information you provide to us is true, accurate, current and complete; (iii) that you will not violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website; (iv) that you will not access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; (v) that you will not “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written consent; (vi) that you will not take any action which could, in our sole opinion, impose an unreasonable load on our infrastructure; (vii) you hereby acknowledge and agree that the products and services we provide to you are for business purposes only and that, by their very nature, business endeavors are subject to failure due to events and circumstances beyond our control.
  4. You hereby acknowledge and agree that the products and services we provide to you are for business purposes only and that, by their very nature, business endeavors are subject to failure due to events and circumstances beyond our control. Neither we, nor our shareholders, directors, officers, members, principals, partners, agents or employees make any representation or promises about the success that you will experience in connection with the services or products that you purchase from us, nor the suitability of the information, software, products and services contained or offered in this Website for any particular purpose, and all such information, software, products and services are offered without any warranties or promises whatsoever regarding future sales or future benefits, financial or otherwise, to you or your business. All products and services are provided to you “AS IS”. We hereby disclaim all express and implied warranties with regard to the information, software, products and services contained in this Website, including warranties for fitness for a particular purpose, merchantability, title, and non-infringement. We further hereby disclaim all warranties or representations that this Website is free from viruses or other harmful components. You hereby agree to defend, indemnify, and hold us harmless from and against all claims, law suits, damages, loss, cost or expense (including attorneys fees and litigation related expenses) arising out of the products and services we provide to you, whether such claims are brought by you, your customers, partners, associates, team participants, or distributors, except if we breach our obligation to provide such services and products. Time is of the essence for all matters set forth in this Agreement; however, notwithstanding the foregoing, we are not liable for damages resulting from delays in commencing or providing any website related services.
  5. You agree that we shall not be liable to you, or your customers, partners, associates, team participants, or distributors, or anyone with whom you may do business, for punitive, incidental, special, or consequential damages arising out of or in any way connected with this Website, or the products or services we provide to you. In the event that we are found to have breached this Agreement, you agree that our damages will not exceed the lesser of: i) $1,000.00, or ii) the amount that you have paid us for services or products not received by you. The limitations set forth in this paragraph constitute a condition precedent to our entering into this Agreement with you and to the sale of services and products to you.
  6. All features, content, specifications, products and prices of products and services described or depicted on this Web site, are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. RS Sewing will make all reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
  7. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
  8. From the date of purchase you will have 30 days to receive replacement of the purchased item or a refund of the purchased product, less the Shipping and Handling. Deposits for projects are non-refundable. Monies will be refunded to you by check and released on the 15th day of the month following the received cancellation notice. You may cancel your contract with us only by sending a postage pre-paid letter to us by certified U.S. mail, return receipt requested, at the following address: attn Administrator 1387 Clarendon Ave SW. Canton, OH 44710, or by sending an e-mail, read receipt requested, to rssewing@sbcglobal.net. Your cancellation will be effective immediately upon the date (the “Cancellation Date”) in which we receive your properly transmitted cancellation. Any discounts will be approved by us in a written agreement in which you must sign; date, and fax back to us at 330-478-3365 or send via email.
  9. Authorize.net is the authorized retailer of the Website. Refunds will be honored by Authorize.net using the same transaction type as the purchase of the flag(s) made through the website. Purchases completed by direct invoicing, will be refunded by us upon request by email to rssewing@sbcglobal.net or by written letter to; ATTN: Refund 1387 Clarendon Ave SW. Canton, OH 44710.
  10. This Agreement may not be modified except by us as provided in this Agreement, or by a written document signed in wet ink by us and you. This Agreement shall be binding on, and shall inure to the benefit of you and us, and our successors, predecessors in interest, heirs and assigns. This Agreement is fully integrated, contains the entire agreement between the parties, and fully supersedes all oral or written agreements or statements regarding the subject matter or this Agreement. You agree that Ohio law will apply to all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you. You hereby consent to the exclusive jurisdiction of the Court of Common Pleas of Stark County, Ohio or the Municipal Court of Canton, Ohio, as we may elect, for the adjudication of all disputes arising in connection with this Agreement, this Website, and/or any product or service we provide to you.

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