Terms of Service

 

 

TERMS OF USE

In consideration of being permitted use of the Craft and Cluster website, I warrant that I will abide by and agree to the Terms of Use and the Privacy Policy (“Agreement”).

 

I will only use the Craft & Cluster’s website for lawful purposes. I am at least 18 years of age. I possess the legal right and capacity to enter into this Agreement and to use this Web Site in accordance with the terms of this Agreement.

(1)   Dispute Resolution:

(a)   GOVERNING LAW AND FORUM SELECTION

(i)    The provisions of this Agreement and all suits and special proceedings under it be construed in accordance with and under and pursuant to the laws of the State of California. In any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.

(ii)  The parties acknowledge, agree in, and submit themselves to the jurisdiction of the courts of Santa Barbara County in the State of California for the present and the future with regard to the subject matter of the agreement in any and all other matters between the parties.

(iii) In any subsequent dispute, all provisions of this Agreement will be construed in the favor of Craft & Cluster and its Agents.

(b)  ARBITRATION OF DISPUTES 

(i)   Due to the great expense and length of time needed to achieve a resolution regarding a dispute between the parties in a public court, any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, but not limited to, malpractice claims, shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party.  Arbitration has significant advantages over litigation in that (1) the arbitration process has a higher degree of privacy and (2) the costs associated with arbitration often are significantly less than traditional litigation.  The parties shall appoint one person as arbiter to determine the dispute.  Any arbitrator selected must be neutral and independent and adhere to the Arbitration Ethics Guidelines adopted by the American Bar Association.  If the parties cannot agree, then the District Court of Santa Barbara County shall choose an impartial arbitrator whose decision shall be final and conclusive on all parties. To the extent permitted, the cost of the arbitration shall be borne by the losing party or in such proportion as the arbitrator shall decide.  Further, the parties acknowledge that costs and fees may be partially or completely taxed upon the non-prevailing party, and such costs may be substantial. The venue for the arbitration and or any legal dispute shall be the County of Santa Barbara, California.  The parties hereby acknowledge that by submitting a dispute to arbitration, they are aware of the following: (1) they are waiving their right to a jury trial, (2) they lose their right to a judicial appeal of a decision of the arbitrator, (3) the possibility of a reduced level of discovery, and (4) relaxed application of the rules of evidence that occur in arbitration. The parties acknowledge that they have the right to independent counsel regarding the interpretation of this agreement and representation regarding a dispute under this Agreement.

(2)  Agreement Survives Incapacity. 

This is a durable Agreement, and I agree that it will survive and remain in effect despite any impairment of my mental capacity, incapacity or incompetence subsequent to my initial acceptance of all terms.

(3)  Agreement Supersedes All Others. 

This Agreement embodies the entire agreement between myself and Craft & Cluster and is the full and final expression of the intent of the parties with respect to the subject matter herein. This Agreement supersedes any other agreement, written or oral, in regards to the specific items covered by this Agreement, between Craft & Cluster and any individual, and any and all prior, contemporaneous or future representations, conditions, warranties, understandings, negotiations, discussions, proposals, communications or previous agreements between the any individual and Craft & Cluster, or an Agent of Craft & Cluster and shall prevail notwithstanding any variance with any other agreement

(4)  Web Site Use Subject to Terms of Use. 

By accessing, viewing, reading, downloading or otherwise using this Web Site, I agree to these Terms of Use.

(5)  Agreement Terms of Use Subject to Change. 

I understand that Craft & Cluster reserves the right to change these Terms of Use, guidelines and disclaimers at any time as needed.  Continuing to use Craft & Cluster services constitutes assent to the new terms.  Past customers continuing to contract with Craft & Cluster assent to the new terms and extinguish their rights under past use agreements.  

(6)  By Accepting this Agreement, I Certify the Following:

(a)   I am at least 18 years of age.

(b)  I understand the jurisdiction, standards and laws of the community, site and computer to which I am transporting this material and am solely responsible for my actions.

(c)    If I use these services in violation of this agreement, I understand I may be in violation of local and/or federal laws and am solely responsible for my actions.

(d)  I release and discharged Craft & Cluster and its Agents from any and all liability which might arise from my actions on the Craft & Cluster website.

(e)   Any use of Craft & Cluster’s services constitutes an acceptance of the Terms of Use and the Privacy Policy.

(7)  Release of Liability and Indemnification

The terms of this release are contractual and not a mere recital. By agreeing to this release, I am agreeing that I cannot hold Craft & Cluster responsible for any injury that occurs as a result of this Web Site.

(8)  General Release of Liability

In consideration of being permitted to access and use this website, and on behalf of myself and my personal representatives, heirs, and next of kin, I release, waive, discharge and agree not to sue Craft & Cluster its officers, agents, directors, and trustees (hereinafter "Agents" or "Releasees"), from all liability to myself or to my personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or damage, on account of injury to my person or property or resulting in my death, whether caused by the negligence of Releasees or otherwise while I am accessing, viewing, reading or otherwise using the website.

I agree to indemnify Releasees and each of them from any loss, liability, damage or cost releasees may incur due to my use of the website, whether caused by the negligence of the Releasees or otherwise. I assume full responsibility for and risk of bodily injury, death or property damage due to negligence of Releasees or otherwise while I am accessing, viewing, reading or otherwise using Craft & Cluster.

I agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of California and that if any portion of the agreement is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

Being of lawful age, in consideration of being permitted to access and use of Craft & Cluster, I do for myself, my heirs, executors, administrators, and assigns, release and forever discharge Craft & Cluster, its Agents and their heirs, administrators, and executors of and from any and every claim, demand, action or right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death and/or property damage resulting or to result from any accident which may occur as a result of my use of Craft & Cluster or any activities in connection with Craft & Cluster whether by negligence or not.

I explicitly agree that Craft & Cluster and its Agents may recover expenses incurred in defending any suit or arbitration, including reasonable attorneys' fees and costs.

(9)  Disclaimer of Warranties and Representations

(a)   No Professional Services, Representations or Warranties

(i)    I agree that Craft & Cluster and its Agents do not hold themselves out to offer or provide any kind of expert or professional training or knowledge in connection with Craft & Cluster. Agents make no warranties of fitness or quality of the content of any writings, threads, posts, emails, statements, private messages or other communications, nor are they under any obligation to monitor postings, chat service, blogs, or other communications on any part the Craft & Cluster website. 

(b)   No Warranty as to Information

(ii)  I understand that the materials and information I find on Craft & Cluster are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or advice provided through or in connection with Craft & Cluster and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement.

(10)   Non-endorsement

I understand that the views and opinions of authors published on this site do not necessarily reflect those of Craft & Cluster. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Craft & Cluster. Nor shall any information or statements contained on the Craft & Cluster site be used for the purposes of advertising, or to imply an endorsement or recommendation.

(11) No Warranty of Service. 

I agree that Craft & Cluster and its Agents make no representations or warranties regarding the availability, speed, reliability or continued existence of any portion of Craft & Cluster’s website.

(12)  No Responsibility for Links, Emails.

Craft & Cluster contains links to sites which are not maintained by Craft & Cluster’s owner. While Craft & Cluster will try to include only links to those sites relevant to our users, under no circumstance will Craft & Cluster or its Agents be held responsible or liable for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links does not imply endorsement by Craft & Cluster of the linked or framed sites or their content.

(13)  Ownership of website

(a)   The contents of the Craft & Cluster pages, including, but not limited to text, graphics, photographs, and icons, are copyrighted materials owned or controlled by Craft & Cluster and contain Craft & Cluster name, trademarks, service marks, and trade names. I understand that Craft & Cluster assumes no responsibility for any other party's site linked to the Craft & Cluster website. I agree not to use any material present on the Craft & Cluster website without the express written agreement of Craft & Cluster.

(14)  SATISFACTION AND WAIVER OF STATUTE OF FRAUDS

This agreement is an electronic contract is a signed writing for purposes of the Statute of Frauds. I also agree not to raise the statute of frauds as a defense in a dispute over the enforceability of this Agreement.

(15)  TERMINATION OF SERVICE

I agree that my access and use of Craft & Cluster is subject to the terms of this Agreement AND the sole discretion of the Agents of Craft & Cluster. I agree to abide by all decisions of the Craft & Cluster regarding my use, access to the website.

(16)  THIS IS THE FINAL AGREEMENT

This Agreement constitutes the entire agreement of the parties and controls over all prior or contemporaneous representations, proposals, discussions, and communications, whether oral or in writing.  This Agreement may be modified only in writing and shall be enforceable in accordance with its terms when signed by each of the parties.

 

I have carefully read and understand the above Agreement and Privacy Policy, and by using the Craft & Cluster website I agree to the entirety of its contents.

Powered by Pixieset