Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Create2Thrive, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your kClub Account. If you create an account on the Website, you are responsible for maintaining the security of your account and any protected content, and you are fully responsible for all activities that occur under the account. You must not share the paid content accessible from your account with others without the express written permission of Create2Thrive.
- Payment and Renewal.
- General Terms.
Optional paid services such as kClub and associated offerings are available on the Website (any such services, an “Additional Offer”). By selecting an Additional Offer you agree to pay Create2Thrive the fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Additional Offer and will cover the use of that service for a time period as indicated. Additional Offer fees are not refundable.
Create2Thrive has taken steps to ensure the website (both paid and unpaid access) is highly available. However, from time to time it is possible to experience system outages due to maintenance or technical difficulties. We always work hard to restore service as quickly as possible. We do not issue refunds in these circumstances.
- Live Sessions.
Create2Thrive has taken steps to ensure your access to live sessions is smooth and without incident. However, from time to time it is possible to experience technical difficulties. We recognize that some of our paid content consists of live presentation from guest speakers. We recognize the value of these sessions and make every attempt to record this content so it is available for paid members who are not able (for any reason) to attend the live session. We do not issue refunds (full or partial) if a member is unable to attend one or more live sessions.
- General Terms.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which knitCompanion.com links, and that link to knitCompanion.com. Create2Thrive does not have any control over those non-knitCompanion websites and webpages, and is not responsible for their contents or their use. By linking to a non-knitCompanion website or webpage, Create2Thrive does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Create2Thrive disclaims any responsibility for any harm resulting from your use of non-knitCompanion websites and webpages.
- Copyright Infringement and DMCA Policy. As Create2Thrive asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by knitCompanion.com violates your copyright, you are encouraged to notify Create2Thrive. Create2Thrive will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Create2Thrive will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Create2Thrive or others. In the case of such termination, Create2Thrive will have no obligation to provide a refund of any amounts previously paid to Create2Thrive.
- Intellectual Property. This Agreement does not transfer from Create2Thrive to you any Create2Thrive or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Create2Thrive and our partners. Create2Thrive, knitCompanion, the knitCompanion logo, and all other trademarks, service marks, graphics and logos used in connection with knitCompanion.com, or the Website are trademarks or registered trademarks of Create2Thrive or Create2Thrive’s licensors or partners. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Create2Thrive or third-party trademarks.
- Changes. Create2Thrive reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Create2Thrive may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Create2Thrive may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your knitCompanion.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Create2Thrive and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Create2Thrive nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Create2Thrive, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Create2Thrive under this agreement during the twelve (12) month period prior to the cause of action. Create2Thrive shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Create2Thrive, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Create2Thrive and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Create2Thrive, or by the posting by Create2Thrive of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Denver County, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Denver, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Create2Thrive may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.