Professional Longarm Quilting

Conditions of Use

Welcome to CatamountQuilting.com. Catamount Quilting and Design Magic ("Catamount Quilting") provide website features and other products and services to you when you visit or shop at CatamountQuilting.com, use Catamount Quilting products or services subject to the following conditions.

By using Catamount Quilting services, you agree to these conditions. Please read them carefully.

PRIVACY
Please review our Privacy Notice, which also governs your use of Catamount Quilting products and services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use any Catamount Quilting service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT
All content included in or made available through any Catamount Quilting service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Catamount Quilting or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Catamount Quilting service is the exclusive property of Catamount Quilting and protected by U.S. and international copyright laws.

TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Catamount Quilting service are trademarks or trade dress of Catamount Quilting in the U.S. and other countries. Catamount Quilting's trademarks and trade dress may not be used in connection with any product or service that is not Catamount Quilting's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Catamount Quilting. All other trademarks not owned by Catamount Quilting that appear in any Catamount Quilting service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Catamount Quilting.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Catamount Quilting or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Catamount Quilting products or services. This license does not include any resale of any Catamount Quilting product, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Catamount Quilting service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Catamount Quilting or its licensors, suppliers, publishers, rightsholders, or other content providers. No Catamount Quilting service, nor any part of any Catamount Quilting service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Catamount Quilting. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Catamount Quilting without express written consent. You may not use any meta tags or any other "hidden text" utilizing Catamount Quilting's name or trademarks without the express written consent of Catamount Quilting. You may not misuse the Catamount Quilting products or services. You may use the Catamount Quilting services only as permitted by law. The licenses granted by Catamount Quilting terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT
If you use CatamountQuilting.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Catamount Quilting services only with involvement of a parent or guardian. Catamount Quilting reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." 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. Catamount Quilting reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Catamount Quilting a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Catamount Quilting and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Catamount Quilting for all claims resulting from content you supply. Catamount Quilting has the right but not the obligation to monitor and edit or remove any activity or content. Catamount Quilting takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS
Catamount Quilting respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RETURNS AND REFUNDS
All sales are final. If for any reason a digital product is not usable, we will make every effort to correct it and deliver a new version of the product at no charge.

PRODUCT DESCRIPTIONS
Catamount Quilting attempts to be as accurate as possible. However, Catamount Quilting does not warrant that product descriptions or other content of any Catamount Quilting service is accurate, complete, reliable, current, or error-free. If a product offered by Catamount Quilting itself is not as described, please inform us and we will do our best to remedy the situation.

PRICING
Except where noted otherwise, the List Price displayed for products on CatamountQuilting.com represents the full retail.
With respect to items sold by Catamount Quilting, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Catamount Quilting is higher than our stated price, we will, at our discretion, either contact you for instructions before delivery or cancel your order and notify you of such cancellation.

We generally do not charge your credit card until we make the digital product available to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE TO YOU THROUGH CATAMOUNTQUILTING.COM ARE PROVIDED ON AN "AS IS" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CATAMOUNT QUILTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF CATAMOUNTQUILTING.COM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CATAMOUNTQUILTING.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CATAMOUNTQUILTING.COM SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CATAMOUNT QUILTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CATAMOUNT QUILTING DOES NOT WARRANT THAT CATAMOUNTQUILTING.COM, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CATAMOUNTQUILTING.COM OR ELECTRONIC COMMUNICATIONS SENT FROM CATAMOUNT QUILTING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CATAMOUNT QUILTING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF CATAMOUNTQUILTING.COM, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CATAMOUNTQUILTING.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES
Any dispute or claim relating in any way to your use of any Catamount Quilting service, or to any products or services sold or distributed by Catamount Quilting or through CatamountQuilting.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at Catamount Quilting and Design Magic, Post Office Box 2463, Tijeras, NM 87059. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $500 unless the arbitrator determines the claims are frivolous. Likewise, Catamount Quilting will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in a mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW
By using any Catamount Quilting service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Mexico, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Catamount Quilting.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Catamount Quilting services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS
Catamount Quilting and Design Magic
Post Office Box 2463
Tijeras, NM 87059

How to Serve a Subpoena
If you have a subpoena to serve on Catamount Quilting, please note that Catamount Quilting does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on CatamountQuilting.com, preferably by mailing the subpoena to the address above.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information.

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint in writing. We respond quickly to the concerns of rights owners about any alleged infringement.

Please provide us with this information:

  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that this procedure is exclusively for notifying Catamount Quilting that your copyrighted material has been infringed.