Terms and Conditions

Last Updated December 15, 2014

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY ACCESSING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS"). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS SITE.

Welcome to ThePatchery.com (the "Site") and thank you for visiting our Site. The Patchery L.L.C. ("The Patchery") owns and operates the Site. We may change the Terms and Conditions at any time, and we will post the last revision date at the top of the Terms and Conditions. Therefore, we encourage you to review the Terms and Conditions whenever you use the Site.

Privacy

The Terms and Conditions include our Privacy Policy. Please review our Privacy Policy to understand our practices relating to the collection and use of your Personal Information as defined in the Privacy Policy.

Content

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to The Patchery, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights and unfair competition laws.

The Content of our Site and the Site as a whole are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Content and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, the Site, or any related software.

User Submitted Property

By submitting User Submissions on the Site, you agree to the following terms:

  • The Patchery will not have any ownership rights over your User Submissions, however, you grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use the submission in sales and marketing activity;
  • You are publishing your User Submission, and you may be identified publicly by your name or User ID in association with your User Submission;
  • You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant The Patchery all of the license rights granted herein;
  • You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Site or publishing or hosting of the User Submissions as contemplated by these Terms of Use;
  • The use or other exploitation of User Submissions by The Patchery as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights;
  • The Patchery shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions;
  • The Patchery cannot guarantee the identity of any other users with whom you may interact while using the Site;
  • All Content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

Orders and Payment

The Patchery retains sole discretion with respect to whether and how any order for our products you place with us will be fulfilled. You shall promptly pay us for any order, but in no event later than the date or time period we list on the Site or in our notice to you. We will charge you shipping and any applicable sales taxes for any order. We retain the right to accept or reject any request for returns or refunds at our sole discretion.

Product And Pricing Information/Returns Policy

Although The Patchery makes every effort to display the colors of our products and fabrics as accurately as possible, the displayed colors will depend upon your monitor. The Patchery cannot guarantee that your monitor will accurately portray the actual colors of the products and fabrics. Products and fabrics displayed may be out-of- stock or discontinued, and prices are subject to change. The Patchery is not responsible for typographical errors regarding price or any other matter. If a product offered by The Patchery is not as described, promoted, offered or priced, your sole remedy is to return it as described in our Returns and Exchange Policy.

Returns And Exchange Policy

You can return any The Patchery product purchased on ThePatchery.com within 30 days of the day your order shipped. We will gladly provide you a full refund minus any shipping fees. Email your return request, including order number, to support@thepatchery.com. Because each product is custom made, we do not have available inventory to process an exchange. Instead please place your order again making any changes necessary.

Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.

Limitation

IN NO EVENT SHALL THE PATCHERY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SITE, THE CONTENT, THE SERVICES, OR ANY INFORMATION CONTAINED THEREON OR THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.

Indemnity

AS A CONDITION OF USE OF THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD THE PATCHERY HARMLESS FROM ANY AND ALL LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, RELATED TO ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU OR FROM A CLAIM BY A THIRD PARTY THAT ARISES IN CONNECTION WITH THE MATERIALS YOU SUBMIT TO THE SITE OR USE OF THE SITE BY YOU OR ANY PERSON USING YOUR LOGIN INFORMATION.

Full Agreement/Severability

This agreement constitutes the entire agreement between you and The Patchery with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Patchery with respect to this Site. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to its conflicts of laws principles. User consents to the exclusive jurisdiction and venue of courts in the State of Minnesota for all disputes arising out of or relating to the use of this Site.

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