Agreement between User and https://www.knitknotnatter.com

Welcome to https://www.knitknotnatter.com (the “Site”).  The Site is comprised of various web pages operated by Knit Knot & Natter LLC (“KKN”).  The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and noticed contained therein (the “Terms”).  Your use of the Site constitutes your agreement to all such Terms.  Please read the Terms carefully, and keep a copy of them for your reference.

The Site is an E-Commerce Site.  Our Site provides you with information about Annie Sloan products, yarn product, and projects that you can make with these products.  You can also purchase these products along with other related products through the E-Commerce portion of this Site.

Privacy

Your use of the Site is subject to KKN’s Privacy Policy.  Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to KKN constitutes electronic communications.  You can retain copies of these communications for your records.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password.  You may not assign or otherwise transfer your account to any other person or entity.  You acknowledge that KKN is not responsible for third-party access to your account that results from theft or misappropriation of your account.  KKN and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

KKN does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13).  If you are under the age of eighteen (18), you may use the Site only with permission of a parent or guardian.

Risk of Loss

All purchases of physical items from KKN are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon our deliver to the carrier.

Cancellation/Refund Policy

For products with an original sales receipt, we accept returns of new and unused merchandise in its original packaging within sixty (60) days of purchase for exchange, store credit, or a refund to the original method of payment used to purchase the product.  For products without an original sales receipt, we will exchange the merchandise or issue store credit based on the lowest selling price in the past sixty (60) days.  PLEASE NOTE THAT ALL PAINT SALES ARE FINAL AND ARE NOT ELIGIBLE FOR RETURN OR REFUND.  If you have a product that you would like to return, please contact us either by telephone at +1 (973) 248-6522 or by email at [email protected].

Product Descriptions

KKN attempts to be as accurate as possible.  However, KKN does not warrant that product descriptions or other content of any product or service is accurate, complete, reliable, current, or error-free.  If a product offered by KKN itself is not as described, your sole remedy is to return the product in unused condition.

Links to Third Party Sites/Third Party Services

This Site may contain links to other websites (“Linked Sites”).  The Linked Sites are not under the control of KKN and KKN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  KKN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by KKN of the Linked Site or any association with its operators.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferrable, revocable license to access and use the Site strictly in accordance with these Terms.  As a condition of your use of the Site, you warrant to KKN that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.  You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.  You may not obtain or attempt to obtain any materials or information through ay means not intentionally made available or provided for through the Site.

All content included as part of the Site, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of KKN or its suppliers and is protected by copyright and other laws that product intellectual property and proprietary rights.  You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.  KKN content is not for resale.  Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content.  You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of KKN and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of KKN or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:  defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;  upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a flat file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.

KKN has no obligation to monitor the Communication Services.  However, KKN reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  KKN reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

KKN reserves the right at all time to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in KKN’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.  KKN does not control or endorse the content, messages or information found in any Communication Service and, therefore, KKN specifically disclaims any liability with regards to the Communication Services and any actions resulting from your participation in any Communication Service.  Managers and hosts are not authorized KKN spokespersons, and their views do not necessarily reflect those of KKN.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.  You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to the Site or Posted on Any KKN Web Page

KKN does not claim ownership of the materials that you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any KKN Site or our associated services (collectively “Submissions”).  However, by posting, uploading, inputting, providing or submitting your Submission, you are granting KKN, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to:  copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.  KKN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in KKN’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Site is controlled operated and administered by KKN from our offices within the United States of America (“USA”).  If you access the Site from a location outside of the USA, you are responsible for compliance with all local laws.  You agree that you will not use the KKN content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless KKN, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.  KKN reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KKN in asserting any available defenses.

Arbitration

In the even the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at last or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties.  The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction.  In the even that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees.  The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms.  The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.  The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator.  The arbitration provision shall survive the termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.  THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.  Further, unless both you and KKN agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  KKN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

KKN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.  KKN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVEN SHALL KKN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KKN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

 

Termination/Access Restriction

KKN reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.  To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of the courts in New Jersey in all disputes arising out of or relating to the use of this Site.  Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and KKN as a result of this agreement or use of the Site.  KKN’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of KKN’s right to comply with governmental, court and law enforcement request or requirements relating to your use of the Site or information provided to or gathered by KKN with respect to such use.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and KKN with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and KKN with respect to the Site.  A printed version of this agreement ad of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in print form.  It is the express wish of the parties that this agreement and all related documents be written in English.

 

Changes to Terms

KKN reserves the right, in its sole discretion, to change the Terms under which the Site is offered.  The most current version of the Terms will supersede all previous versions.  KKN encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

KKN welcomes your questions or comments regarding the Terms by contacting us at:

Knit Knot & Natter LLC

610B Newark Pompton Turnpike

Pompton Plains, NJ 07444

 

Email:  [email protected]

Telephone Number:  +1 (973) 248-6522

 

Effective as of June 15, 2022