Terms of Service

These Terms of Service and all supplemental terms, as amended from time to time (“Terms and Conditions” or “Agreement”), govern your use of this website and any product, service, memberships, subscriptions, and content offered by Lancaster County Quilting Creations d/b/a Quilt Quote (“Quilt Quote”) that you access, download, accept, purchase, or otherwise use, from or through this website (collectively, the “Service”). If additional terms, licenses, or other agreements apply to any Service used or purchased by you, those additional terms and/or agreements govern your use of the Service as well.

These Terms of Service, as well as Quilt Quote’s Privacy Policy available at https://www.quiltquote.com/privacy/ (incorporated herein by reference) form legally binding contracts between you and Quilt Quote. By using any Service, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

Quilt Quote reserves the right to update and change the Terms and Conditions from time to time without notice. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms and Conditions at any time at this URL: http://www.quiltquote.com/terms/. You agree to check the Terms and Conditions periodically for new information and terms that govern your use of the Service. Violation of any of the terms below will result in the termination of your right to use the Service and of your Membership, if applicable. You agree to use the Service at your own risk.

Use of Membership benefits, such as product access, updates, support, training and other benefits of Membership are provided to paying Members in good standing only. If you are a Member, you are responsible for updating your information, including contact names, addresses, telephone numbers and credit card information (as applicable) in a timely manner.

Members are responsible for maintaining the security of accounts and passwords. Quilt Quote cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Members are responsible for all Content posted and activity that occurs under your account. Members may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and trademark laws).

You hereby assign to Quilt Quote all right, title, and interest you have in and to any content you submit in the support forums or otherwise on or to any websites offered by Quilt Quote (“Content”), including without limitation any and all rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of Quilt Quote’ products and services (and the promotion of same).

No Content submitted by you shall contain any content that is copyright infringing, obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and the Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. You shall indemnify and hold harmless Quilt Quote, its affiliates and agents, and those licensed or otherwise authorized by Quilt Quote to process, transmit or distribute Content, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by you of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Content.

Quilt Quote reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to upgrade packages and membership fees, are subject to change at any time. Quilt Quote shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

A valid credit card or Pay Pal account is required for purchasing products, upgrades, or additional Services. You have 30 days to request a refund for your initial purchase or your Quilt Quote subscription. Auto renewals will be non-cancelable after their purchase until the end of the term of your new subscription.

The term of your membership, if any, continues from the date of purchase for long as you continue to use any membership Services, pay any applicable membership fees, and comply with the Terms and Conditions and all other terms and conditions applicable to the Service used or purchased by you, or until such time as either party notifies the other to terminate with or without cause. These Terms and Conditions, including any revisions, remain in effect for the duration of any membership and for the duration of any other use of the Services by you.

Annual plans are offered on a discount basis, and can be canceled at anytime. Any unused time is nonrefundable if you chose to cancel the service before the expiration of your purchased annual plan is expired. In case you do wish to cancel your service, your plan will remain active on our servers for the duration of your purchased term, and expire at the end date of your annual contract.

Monthly plans can be canceled at any time. Any unused time is nonrefundable if you chose to cancel the service before the expiration of your purchased monthly plan has expired. In case you do wish to cancel your service, your plan will remain active on our servers for the duration of your purchased term, and expire at the end date of your monthly contract.

Your right to access your account with the Service (including, without limitation, any login or other access information) is personal to you, non-transferable and non-assignable, and is subject to any limits established by Quilt Quote. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access or manage your account with the Service or to monitor or copy the Service websites or the content contained therein except those automated means expressly made available by Quilt Quote, if any, or authorized in advance and in writing by Quilt Quote (for example, Quilt Quote approved third party tools and services). Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Service as determined by Quilt Quote. You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party.

THE SERVICE, ACCESS TO THE SERVICE, THE INFORMATION CONTAINED ON THE SERVICE, AND THIS WEBSITE ARE PROVIDED, “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. QUILT QUOTE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUILT QUOTE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

You agree to indemnify and hold harmless Quilt Quote and its, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by Quilt Quote to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including without limitation reasonable legal fees and costs) arising out of or related to (i) your use of any Service; (ii) any Content you create, transmit, or display while using any Service; (iii) any breach or alleged breach by you of any representations, warranties, or agreements contained herein; and (iv) your negligent or willful misconduct.

IN NO EVENT SHALL QUILT QUOTE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE AND BASED ON ANY THEORY OF LIABILITY INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF QUILT QUOTE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. QUILT QUOTE’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE LESSER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX MONTHS PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE DAMAGE. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THE TERMS OF SERVICE BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THE TERMS OF SERVICE AND HOW TO PRICE THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THE SERVICE AND THE THE TERMS OF SERVICE.

Quilt Quote, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of any or all Services for violation of the Terms of Service, for any other reason, or for no reason. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Quilt Quote reserves the right to refuse service to anyone for any reason at any time, and terminate your account in the sole discretion of Quilt Quote.

If you are dissatisfied with any aspect of the Service(s) after the 30-day refund period, your sole and exclusive remedy is to terminate the Agreement and/or the Service(s) Terms by requesting your account be closed.

All decisions made by Quilt Quote in this matter will be final and neither Quilt Quote nor any officer, owner, or affiliate thereof shall have any liability regarding such decisions.

If Service is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond Quilt Quote’s control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, Quilt Quote shall not be liable for any resulting failure to provide Services.

Any notices or communications under the agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below:

If to Quilt Quote, such notices shall be addressed to info [at] Quiltquote.com or to Quilt Quote, 80 Sherman St. Camdenton, Missouri 65020 USA. If to you, such notices shall be addressed to the electronic or mailing address specified in your service registration form, if any, or such other address as either party may give the other by notice as provided in this section. It is the applicant’s responsibility to provide an accurate address and to ensure that the Service is notified of any changes to applicant’s address as specified in this section.

Any action or proceeding relating to this Agreement shall be instituted solely by and within the process of binding arbitration. Any dispute will be on an individual basis, and you agree that you will not be part of any joint class action proceeding related to the Quilt Quote service. The location of the venue will be in or near Camdenton, Missouri. Company and Customer agree to submit to the jurisdiction of, and agree that venue is proper in any such proceeding, and agree to abide by the decision of the arbitrator(s). In the event of a binding arbitration action to enforce any provision of these Terms and Conditions, the Quilt Quote will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force.

This Agreement shall be construed as to its fair meaning and not strictly for or against either party.

You shall not decompile, recreate, modify, adapt or hack the code and format of the Quilt Quote Service. You shall not modify another website so as to falsely imply that it is associated with the Service, Quilt Quote, or any other Quilt Quote service.

Quilt Quote may, but has no obligation to, remove Content and accounts containing Content that it determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service and shall be terminated. You shall not upload content that you do not hold the rights or copyrights to. If content is reported to us for copyright infringement, notice shall be sent to abuse@quiltquote.com. At our sole discretion we will notify you of such a claim, and ask you to remove the content. We also can remove it at our sole discretion and will do so out of an abundance of caution. Repeated offences shall require Quilt Quote client accounts to be terminated for cause.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Quilt Quote customer, employee, member, or officer will result in immediate account termination.

The failure of Quilt Quote to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Quilt Quote and govern your use of the Service, superseding any prior agreements between you and Quilt Quote (including, but not limited to, any prior versions of the Terms of Service).