1. Acceptance of these terms
These Terms of Use ("Terms") form a binding agreement between you and RevApple, LLC ("we", "us", "our"), the operator of stitchsitter.com and any subdomain of it (the "Site"). By accessing or using the Site you agree to these Terms. If you do not agree, do not use the Site.
We may revise these Terms at any time by posting the revised version on the Site. The "last updated" date above shows when they last changed. Your continued use of the Site after a change takes effect constitutes acceptance of the revised Terms. We encourage you to review this page periodically.
2. Eligibility
The Site is not directed to children. You may use the Site only if you are at least 16 years of age, or the age of digital consent in your jurisdiction, whichever is greater, and are able to form a binding contract. If you use the Site on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
3. Intellectual property
The Site and all of its contents, including text, graphics, photographs, illustrations, logos, product names, page layouts, source code, and the selection and arrangement of all of the foregoing, are owned by RevApple, LLC or its licensors and are protected by copyright, trademark, trade dress and other intellectual property laws.
"StitchSitter", the StitchSitter logo, and any associated marks are trademarks of RevApple, LLC. Nothing on the Site grants you any licence or right to use any of our marks without our prior written permission.
Third-party names and marks that appear on the Site, including the names of embroidery machine manufacturers and models, are the property of their respective owners. They are used solely for the purpose of identifying compatibility, and their use does not imply any affiliation with, sponsorship by, or endorsement from those owners.
4. Limited licence to use the Site
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and view the Site for your own informational and non-commercial purposes.
- You may not copy, reproduce, republish, distribute, sell, licence, transmit or create derivative works from any part of the Site except as expressly permitted here.
- You may not use any automated system, including any robot, spider, scraper or offline reader, to access the Site in a manner that sends more requests than a human could reasonably produce, or to compile or extract any collection of data from the Site.
- You may not attempt to gain unauthorised access to any part of the Site, any account, or any system or network connected to the Site.
- You may not probe, scan or test the vulnerability of the Site, or breach or otherwise circumvent any security or authentication measure.
- You may not use the Site in any manner that could disable, overburden, damage or impair it, or interfere with any other party's use of the Site.
- You may not remove, obscure or alter any copyright, trademark or other proprietary rights notice.
- You may not use the Site for any unlawful purpose or in violation of any applicable law or regulation.
5. Information on the Site is provided for general guidance
We make reasonable efforts to keep the information on the Site accurate and current, but the Site is provided for general informational purposes only. Specifications, compatibility information, machine lists, features, availability and pricing are subject to change without notice and may contain errors or omissions. We reserve the right to correct any error and to change or update information at any time without prior notice.
6. No professional advice
Nothing on the Site constitutes professional, technical or commercial advice. You are responsible for determining whether the product is suitable for your equipment and your intended use, and for backing up your own files.
7. Third-party sites and dealers
The Site may contain links to websites operated by third parties, including authorised dealers and distributors. We do not control those websites and are not responsible for their content, products, services, availability, security or privacy practices. A link does not constitute an endorsement. Your dealings with any third party, including any purchase from a dealer, are solely between you and that third party, and are governed by that third party's terms.
8. Disclaimer of warranties
THE SITE AND ALL CONTENT ON IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RevApple, LLC AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RevApple, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, DESIGNS, MATERIALS OR PRODUCTION TIME, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US DIRECTLY, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100).
10. Indemnification
You agree to defend, indemnify and hold harmless RevApple, LLC and its officers, directors, employees, agents, suppliers and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees, including reasonable legal fees, arising out of or relating to your violation of these Terms or your misuse of the Site.
11. Governing law and venue
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. You agree that the state and federal courts located in the State of Delaware, United States shall have exclusive jurisdiction, and you consent to personal jurisdiction and venue in those courts, except where applicable law grants you the right to bring proceedings in the courts of your place of residence.
12. Dispute resolution, arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS AN OPT-OUT PROVISION IN SUBSECTION (g).
(a) Informal resolution first. Before starting any arbitration or proceeding, you agree to first send a written notice describing the dispute to sales@stitchsitter.com, and to attempt in good faith to resolve it informally for at least thirty (30) days from the date we receive that notice. We will do the same before bringing any claim against you. Most concerns are resolved at this stage, and this step is a condition precedent to commencing arbitration.
(b) Agreement to arbitrate. If the dispute is not resolved informally, you and RevApple, LLC agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site, the product or our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be resolved by binding individual arbitration rather than in court, except as set out in subsections (d) and (e).
(c) Rules and forum. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted by a single arbitrator. If the amount in dispute is US$25,000 or less, the arbitration may be conducted on documents only, by telephone or by video, at your election. Any in-person hearing shall take place in the county or district of your residence, or at another mutually agreed location. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
(f) Costs. We will pay the arbitration filing, administration and arbitrator fees for any claim of US$10,000 or less that you bring, unless the arbitrator finds the claim frivolous. Each party otherwise bears its own legal fees, except where applicable law or the arbitrator provides otherwise.
(g) YOUR RIGHT TO OPT OUT. You may opt out of this arbitration agreement and the class action waiver by sending written notice to sales@stitchsitter.com within thirty (30) days of the date you first accept these Terms. Your notice must state your name, your address, and a clear statement that you wish to opt out of arbitration. Opting out has no effect on any other part of these Terms, and it will not affect your use of the Site or the product in any way.
(h) Survival and severability. This section survives termination of these Terms. If the class action waiver in subsection (e) is found unenforceable as to a particular claim or request for relief, then that claim or request shall be severed and heard in court, and the remainder shall proceed in arbitration. If any other part of this section is found unenforceable, that part shall be severed and the remainder shall continue to apply.
- (d) Small claims exception. Either party may bring an individual claim in a small claims court of competent jurisdiction, instead of arbitration, if the claim qualifies to be heard there and remains in that court on an individual basis.
- (e) CLASS ACTION AND JURY TRIAL WAIVER. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A TRIAL BY JURY.
- Injunctive relief for intellectual property. Notwithstanding the agreement to arbitrate, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property rights, including any breach of the Firmware Licence Agreement.
13. General
- Severability. If any provision of these Terms is held unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition or sale of assets.
- Entire agreement. These Terms, together with the Privacy Policy and any other legal notice published by us on the Site, constitute the entire agreement between you and us regarding the Site, and supersede all prior understandings.
- Force majeure. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control.
14. Contact
Questions about these Terms may be sent to sales@stitchsitter.com, or by post to RevApple, LLC, RevApple, LLC, 1209 North Orange Street, Wilmington, DE 19801.