THESE TERMS AND CONDITIONS (COLLECTIVELY, THESE “TERMS OF SERVICE”) ARE AGREED TO AS OF THIS DAY BY YOU (THE “USER,” “YOU” OR “YOUR”) AND SHIMMERSTITCH.COM. THESE TERMS OF SERVICE SET FORTH THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF SHIMMERSTITCH.COM MEMBERSHIP CLUBS AND OUR RELATED TECHNOLOGY SYSTEMS (COLLECTIVELY, THE “WEBSITE”). THESE TERMS OF SERVICE ALSO SET FORTH THE TERMS AND CONDITIONS THAT APPLY TO THE USE OF THE WEBSITE AND ANY USER’S SUBSCRIPTION TO SHIMMERSTITCH.COM MEMBERSHIP CLUBS OR PURCHASE OF ANY ONLINE SERVICE OR PRODUCT OFFERED BY SHIMMERSTITCH.COM (COLLECTIVELY, “ONLINE SERVICES”).

PLEASE READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY CAREFULLY PRIOR TO YOUR USE OF OUR WEBSITE AND/OR YOUR REGISTRATION FOR, PURCHASE, OR USE OF ANY OF OUR ONLINE SERVICES. BY SUBMITTING INFORMATION TO SHIMMERSTITCH.COM, EITHER BY USING OUR WEBSITE OR REGISTERING FOR, PURCHASING, OR USING AN ONLINE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND THE PRIVACY POLICY, INCLUDING ANY CHANGES OR REVISIONS WHICH SHIMMERSTITCH.COM, IN ITS SOLE DISCRETION AND FROM TIME TO TIME, MAY MAKE TO THESE TERMS OF SERVICE AND/OR THE PRIVACY POLICY. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND THE PRIVACY POLICY YOU ARE NOT AUTHORIZED TO USE OUR WEBSITE OR REGISTER FOR, PURCHASE, OR USE ANY OF OUR ONLINE SERVICES, AND YOUR SOLE REMEDY IS TO STOP USING OUR WEBSITE AND OUR ONLINE SERVICES.

COMPLIANCE WITH THESE TERMS OF SERVICE:

IF YOU ARE A RESIDENT OF THE UNITED STATES (INCLUDING ITS POSSESSIONS AND TERRITORIES), YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW TO RESOLVE ANY DISPUTES WITH SHIMMERSTITCH.COM (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

YOU AGREE TO COMPLY WITH ALL FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS REGARDING ONLINE CONDUCT AND TRANSMISSION OF INFORMATION. TO DETERMINE YOUR COMPLIANCE WITH THESE TERMS OF SERVICE, THE PRIVACY POLICY AND ANY APPLICABLE LAWS, SHIMMERSTITCH.COM RESERVES THE RIGHT, BUT NOT THE OBLIGATION, TO MONITOR YOUR USE OF THE WEBSITE AND OUR ONLINE SERVICES. SHIMMERSTITCH.COM RESERVES THE RIGHT TO REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IT DEEMS IN ITS SOLE DISCRETION TO BE UNACCEPTABLE, OFFENSIVE, OR IN VIOLATION OF THESE TERMS OF SERVICE, THE PRIVACY POLICY AND/OR ANY APPLICABLE LAWS.

USING OUR WEBSITE AND ONLINE SERVICES:

YOU ARE ONLY ENTITLED TO USE OUR WEBSITE FOR LAWFUL PURPOSES AND PURSUANT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THE PRIVACY POLICY, AND APPLICABLE LAWS. YOUR USE OF OUR WEBSITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF OUR WEBSITE, OR OTHER ACTIONS THAT SHIMMERSTITCH.COM, IN ITS SOLE DISCRETION AND FROM TIME TO TIME, MAY ELECT TO TAKE. SHIMMERSTITCH.COM RESERVES THE RIGHT TO SUSPEND OR DISCONTINUE THE AVAILABILITY OF OUR WEBSITE AND/OR ANY PORTION OR FEATURE OF OUR WEBSITE AT ANY TIME IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE.

YOU SHALL NOT, AND YOU SHALL NOT ATTEMPT TO OR OTHERWISE AUTHORIZE, ENCOURAGE, OR SUPPORT A THIRD PARTY’S ATTEMPTS TO, CREATE DERIVATIVE WORKS OF OR MAKE COMMERCIAL USE OF THE CONTENT ON OUR WEBSITE (“CONTENT”). YOU SHALL ALSO NOT, AND YOU SHALL NOT ATTEMPT TO OR OTHERWISE AUTHORIZE, ENCOURAGE, OR SUPPORT A THIRD PARTY’S ATTEMPTS TO, CIRCUMVENT, RE-ENGINEER, DECRYPT, BREAK, OR OTHERWISE ALTER OR INTERFERE WITH OUR WEBSITE IN ANY MANNER. YOU SHALL ALSO NOT REPRODUCE, MODIFY, DISTRIBUTE, SELL, OR OTHERWISE TRANSFER ANY RIGHTS IN AND/OR TO ANY CONTENT. YOU SHALL NOT METATAG, PROVIDE LINKS TO, FRAME, OR MIRROR OUR WEBSITE WITHOUT THE PRIOR EXPRESS WRITTEN PERMISSION OF SHIMMERSTITCH.COM.

YOU SHALL NOT BE PERMITTED TO DO ANY OF THE FOLLOWING, AS DETERMINED BY SHIMMERSTITCH.COM, IN ITS SOLE DISCRETION, EACH OF WHICH MAY RESULT IN YOUR LOSS OF THE RIGHT TO ACCESS AND USE OUR WEBSITE AND/OR ONLINE SERVICES: (A) VIOLATE THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OUR PRIVACY POLICY, OR APPLICABLE LAW; (B) RESTRICT, INHIBIT, OR PREVENT ANY ACCESS TO, USE, OR ENJOYMENT OF OUR WEBSITE OR ANY ONLINE SERVICE; OR (C) THROUGH THE USE OF OUR WEBSITE OR ANY ONLINE SERVICE, DEFAME, ABUSE, HARASS, OFFEND, OR THREATEN ANYONE OR ANY ENTITY.

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR PROVIDING AND MAINTAINING ALL EQUIPMENT, HARDWARE, SOFTWARE AND MEANS OF COMMUNICATION, AND CHARGES FOR ALL RELATED SERVICES, FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND OUR ONLINE SERVICES.

INTELLECTUAL PROPERTY RIGHTS:

THE NAME SHIMMERSTITCH.COM, AND OTHER TRADE NAMES, URLS, AND WEBSITE DOMAIN NAMES OWNED AND/OR OPERATED BY SHIMMERSTITCH.COM, AND THEIR GRAPHICS, LOGOS, PAGE HEADERS, BUTTON ICONS, SCRIPTS, AND SERVICE NAMES ARE COPYRIGHTS, SERVICE MARKS, TRADEMARKS AND/OR TRADE DRESS OF SHIMMERSTITCH.COM (COLLECTIVELY, THE “PROPRIETARY MARKS”). YOU MAY NOT USE THE PROPRIETARY MARKS WITHOUT THE PRIOR EXPRESS WRITTEN PERMISSION OF SHIMMERSTITCH.COM, WHICH PERMISSION MAY BE WITHHELD IN SHIMMERSTITCH.COM’S SOLE DISCRETION. SHIMMERSTITCH.COM MAKES NO PROPRIETARY CLAIM TO ANY THIRD PARTY NAMES, TRADEMARKS, OR SERVICE MARKS APPEARING ON OUR WEBSITE. ANY THIRD PARTY NAMES, TRADEMARKS, AND SERVICE MARKS ARE PROPERTY OF THEIR RESPECTIVE OWNERS.

THE CONTENT, DOWNLOADS, AND OTHER DATA AND INFORMATION VIEWABLE ON, CONTAINED IN, OR DOWNLOADABLE FROM OUR WEBSITE AND THE PROPRIETARY MARKS, AND ALL OTHER INTELLECTUAL PROPERTY, PROPRIETARY RIGHTS, OR OTHER RIGHTS RELATED TO TANGIBLE AND INTANGIBLE PROPERTY WHICH ARE USED, DEVELOPED, COMPRISING, EMBODIED IN, OR PROVIDED IN CONNECTION WITH OUR WEBSITE AND ONLINE SERVICES (COLLECTIVELY, THE “INTELLECTUAL PROPERTY”), INCLUDING, WITHOUT LIMITATION, ALL TEXT, GRAPHICS, CHARTS, PICTURES, PHOTOGRAPHS, IMAGES, LINE ART, ICONS, AND RENDITIONS, ARE COPYRIGHTED OR TRADEMARKED BY, OR OTHERWISE LICENSED TO, SHIMMERSTITCH.COM OR ITS CONTENT SUPPLIERS. ALL SOFTWARE USED FOR OUR WEBSITE (THE “SOFTWARE”) IS THE PROPERTY OF SHIMMERSTITCH.COM OR ITS SOFTWARE VENDORS AND IS PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT LAWS. VIEWING, READING, PRINTING, DOWNLOADING, OR OTHERWISE USING THE INTELLECTUAL PROPERTY DOES NOT ENTITLE YOU TO ANY OWNERSHIP OR INTELLECTUAL PROPERTY RIGHTS IN AND/OR TO THE INTELLECTUAL PROPERTY OR THE SOFTWARE.

YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR INFRINGEMENT OF SHIMMERSTITCH.COM’S OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS REGARDING THE PROPRIETARY MARKS, THE INTELLECTUAL PROPERTY THE SOFTWARE, AND/OR ANY OTHER HARM INCURRED BY SHIMMERSTITCH.COM OR ANY THIRD PARTY AS A DIRECT OR INDIRECT RESULT OF YOUR COPYING, DISTRIBUTING, REDISTRIBUTING, TRANSMITTING, PUBLISHING, OR USING THE SAME FOR PURPOSES THAT ARE CONTRARY TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE OR APPLICABLE LAW.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, LINKS FROM THE WEBSITE ARE PROVIDED AS A CONVENIENCE TO THE VISITORS THEREOF. NO THIRD PARTY WEBSITE THAT IS LINKED TO THE WEBSITE OR THE CONTENT THEREOF HAS BEEN DEVELOPED BY SHIMMERSTITCH.COM AND SHIMMERSTITCH.COM HAS NOT REVIEWED, AND IS NOT RESPONSIBLE FOR, THE CONTENT OF ANY SUCH THIRD PARTY WEBSITES. SHIMMERSTITCH.COM MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES AS TO, AND SHALL HAVE NO LIABILITY FOR, ANY CONTENT CONTAINED IN OR DERIVED FROM ANY THIRD PARTY WEBSITE.

ELECTRONIC COMMUNICATIONS:

BY USING OUR WEBSITE OR USING AN ONLINE SERVICE, YOU CONSENT TO RECEIVE COMMUNICATIONS FROM SHIMMERSTITCH.COM ELECTRONICALLY. ALTHOUGH SHIMMERSTITCH.COM MAY CHOOSE TO COMMUNICATE WITH YOU BY OTHER MEANS, SHIMMERSTITCH.COM MAY ALSO CHOOSE TO SOLELY COMMUNICATE WITH YOU ELECTRONICALLY BY E-MAIL OR BY POSTING NOTICES ON OUR WEBSITE. YOU AGREE THAT ALL AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT SHIMMERSTITCH.COM SENDS TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENT THAT SUCH COMMUNICATIONS BE IN WRITING.

ORDERS SHIPPING TO DESTINATIONS OUTSIDE THE UNITED STATES MIGHT INCUR DUTIES AND TAXES. IF DUTIES AND TAXES ARE IMPOSED ON YOUR ORDER, THEY ARE DUE AT TIME OF DELIVERY. PLEASE CONSULT YOUR LOCAL CUSTOMS OFFICE FOR MORE DETAILS ABOUT YOUR COUNTRY’S DUTIES AND TAXES. WE ARE NOT RESPONSIBLE FOR ANY IMPORT TAXES, DUTIES, OR BROKERAGES FEES WHICH MAY BE INCURRED ON YOUR ORDER SHIPMENT.

DISCLAIMER OF WARRANTIES:

ALL CONTENT CONTAINED ON SHIMMERSTITCH.COM’S WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH SHIMMERSTITCH.COM OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. SHIMMERSTITCH.COM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SHIMMERSTITCH.COM HEREBY SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. NOTWITHSTANDING ANY OTHER AGREEMENT OR OTHER COMMUNICATIONS TO THE CONTRARY, RECEIPT OR USE OF ANY CONTENT CONTAINED ON THE WEBSITE OR ONLINE SERVICES, OR THAT IS DERIVED OR ACQUIRED BY USER THEREFROM AT ANY TIME AND THROUGH ANY MEANS, WHETHER DIRECTLY OR INDIRECTLY, REPRESENTS SUCH USER’S ACKNOWLEDGEMENT OF THIS DISCLAIMER OF WARRANTIES AND HIS OR HER AGREEMENT WITH THE TERMS AND CONDITIONS CONTAINED HEREIN.

REFUND POLICY:

SHIMMERSTITCH.COM’S RETURN POLICY APPLIES TO YOUR PURCHASE OF ANY MATERIALS OR PRODUCTS THROUGH THE WEBSITE (COLLECTIVELY, THE “PRODUCT”). IF YOU ORDERED AN INCORRECT PRODUCT OR NEED TO RETURN A PRODUCT FOR OTHER REASONS, YOU MAY RETURN THE PRODUCT TO THE COMPANY FOR A REFUND WITHIN THIRTY (30) DAYS OF DELIVERY OF THE PRODUCT TO YOU, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.

YOU MUST FIRST CONTACT SHIMMERSTITCH.COM BY E-MAIL AT SUPPORT@SHIMMERSTITCH.COM OR BY TELEPHONE AT (919) 335-8024 TO REQUEST A RETURNED MATERIAL AUTHORIZATION (RMA) NUMBER. WRITE THE RMA NUMBER ON THE SHIPPING LABEL OF EACH BOX TO BE RETURNED. PLEASE BE ADVISED THAT ANY PRODUCT RETURNED WITHOUT AN RMA NUMBER OR RETURNED BEYOND 30 DAYS OF DELIVERY OF THE PRODUCT TO YOU, WILL NOT BE ACCEPTED AND WILL BE RETURNED TO YOU AT YOUR EXPENSE.

PRODUCTS MUST BE UN-OPENED IN THEIR ORIGINAL PACKAGING TO BE ACCEPTED FOR RETURN. IF SHIMMERSTITCH.COM ELECTS TO ACCEPT THE RETURN OF AN OPENED PRODUCT (WHICH IT MAY DECLINE IN ITS SOLE DISCRETION), SUCH OPENED PRODUCTS ARE SUBJECT TO A 20% RESTOCKING FEE.

SHIMMERSTITCH.COM DOES NOT REIMBURSE SHIPPING COSTS TO RETURN AN ITEM.

SHIMMERSTITCH.COM does not refund, exchange, or accept cancellations on any custom items.  A custom item includes any item that is etched, designed, or created specifically for an individual.

RETURN PACKAGES WITH INSUFFICIENT POSTAGE WILL NOT BE ACCEPTED.

PRODUCTS MUST BE RETURNED AND RECEIVED BY SHIMMERSTITCH.COM IN ORIGINAL CONDITION. WE WILL NOT ACCEPT PRODUCTS DAMAGED IN RETURN TRANSIT, SO PLEASE BE SURE TO PACKAGE THE PRODUCT WELL AND CONSIDER INSURING THE PACKAGE. NO RETURNS/REFUNDS/EXCHANGES ON DISCONTINUED ITEMS, FREE ITEMS, AND CLEARANCE ITEMS.

IF PRODUCTS ARE ORIGINALLY PURCHASED WITH A GIFT CERTIFICATE VOUCHER, A GIFT CERTIFICATE VOUCHER WILL BE GIVEN AS PAYMENT FOR RETURN.

SHIMMERSTITCH.COM'S REFUND POLICY ONLY APPLIES TO PRODUCTS, AND DOES NOT APPLY TO ANY MEMBERSHIPS, REGISTRATIONS OR SUBSCRIPTIONS TO ONLINE SERVICES.

TO RETURN AN ITEM, PLEASE EMAIL SUPPORT@SHIMMERSTITCH.COM AND SHIP TO THE ADDRESS WE PROVIDE.

INCORRECT ADDRESS POLICY:

if customer provides an incorrect mailing address to SHIMMERSTITCH.COM and usps returns the order as undeliverable, a $8.95 shipping fee domestic ($18.95 shipping fee international) will be charged to the customer for the package to be resent to a correct shipping address.

CANCELLATION POLICY:

BY CLICKING “YES! INCLUDE 1 MORE ITEM TO MY ORDER FOR $1.00” ON an ORDER PAGE, YOU AUTHORIZED SHIMMERSTITCH.COM TO BEGIN YOUR MONTHLY SUBSCRIPTION, WHICH START WITH A 14 DAY $1 TRIAL. CANCEL AT ANY TIME DURING THE FREE TRIAL PERIOD AND YOU WILL NOT BE CHARGED $20-100 PER MONTH depending on the chosen club. IF YOU DO NOT CANCEL, YOU AUTHORIZE SHIMMERSTITCH.COM TO CHARGE THE PAYMENT METHOD PROVIDED, $20-100 PER MONTH (depending on the chosen club) AS A RECURRING TRANSACTION UNTIL YOU CANCEL. USERS MAY CANCEL THEIR SUBSCRIPTION FOR ONLINE SERVICES AT ANY TIME UPON THE DELIVERY OF WRITTEN NOTICE TO THE FOLLOWING: (A) BY E-MAIL TO SUPPORT@SHIMMERSTITCH.COM so we have record of your cancelation. If you do not receive a reply to your email within 48 hours please call (919) 335-8024 to confirm the email reached us at the correct address.

MEMBERSHIP, FREE TRIALS, BILLING AND CANCELLATION:

MEMBERSHIP:

ONGOING MEMBERSHIP. YOUR SHIMMERSTITCH.COM MEMBERSHIP, WHICH MAY START WITH A FREE TRIAL, WILL CONTINUE MONTH-TO-MONTH UNLESS AND UNTIL YOU CANCEL YOUR MEMBERSHIP OR WE TERMINATE IT. YOU MUST HAVE INTERNET ACCESS AND PROVIDE US WITH A CURRENT, VALID, ACCEPTED METHOD OF PAYMENT (AS SUCH MAY BE UPDATED FROM TIME TO TIME, “PAYMENT METHOD” TO USE THE SHIMMERSTITCH.COM MEMBERSHIPS. WE WILL BILL THE MONTHLY MEMBERSHIP FEE TO YOUR PAYMENT METHOD. YOU MUST CANCEL YOUR MEMBERSHIP BEFORE IT RENEWS EACH MONTH IN ORDER TO AVOID BILLING OF THE NEXT MONTH’S MEMBERSHIP FEES TO YOUR PAYMENT METHOD.

DIFFERING MEMBERSHIPS. WE MAY OFFER A NUMBER OF MEMBERSHIP PLANS, INCLUDING SPECIAL PROMOTIONAL PLANS OR MEMBERSHIPS WITH DIFFERING CONDITIONS AND LIMITATIONS. ANY MATERIALLY DIFFERENT TERMS FROM THOSE DESCRIBED IN THESE TERMS OF USE WILL BE DISCLOSED AT YOUR SIGN-UP OR IN OTHER COMMUNICATIONS MADE AVAILABLE TO YOU.

FREE TRIALS:

YOUR SHIMMERSTITCH.COM MONTHLY MEMBERSHIP MAY START WITH A FREE TRIAL. THE FREE TRIAL PERIOD OF YOUR MEMBERSHIP LASTS FOR 14 DAYS (the first 14 days of your first month of membership), OR AS OTHERWISE SPECIFIED DURING SIGN-UP. FOR COMBINATIONS WITH OTHER OFFERS, RESTRICTIONS MAY APPLY. FREE TRIALS ARE FOR NEW AND CERTAIN FORMER MEMBERS ONLY. SHIMMERSTITCH.COM RESERVES THE RIGHT, IN ITS ABSOLUTE DISCRETION, TO DETERMINE YOUR FREE TRIAL ELIGIBILITY. 1 SHIMMERSTITCH.COM FREE TRIAL AND PROMOTIONAL PRODUCT PER PERSON, CREDIT CARD, AND SHIPPING ADDRESS.

WE WILL BEGIN BILLING YOUR PAYMENT METHOD FOR MONTHLY MEMBERSHIP FEES AT THE END OF THE FREE TRIAL PERIOD OF YOUR MEMBERSHIP UNLESS YOU CANCEL PRIOR TO THE END OF THE FREE TRIAL PERIOD. WE MAY AUTHORIZE YOUR PAYMENT METHOD THROUGH VARIOUS METHODS, INCLUDING AUTHORIZING IT UP TO APPROXIMATELY ONE MONTH OF SERVICE AS SOON AS YOU REGISTER. IN SOME INSTANCES, YOUR AVAILABLE BALANCE OR CREDIT LIMIT MAY BE REDUCED TO REFLECT THE AUTHORIZATION DURING YOUR FREE TRIAL PERIOD.

YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW AND YOUR CREDIT CARD WILL BE CHARGED IMMEDIATELY AFTER YOUR TRIAL EXPIRES. YOU MUST CANCEL BEFORE THE END OF YOUR FREE TRIAL IF YOU DO NOT WISH TO BE BILLED. THE DAY AND EXACT TIME YOU SIGN UP FOR THE FREE TRIAL IS CONSIDERED DAY ONE OF YOUR FREE TRIAL. SHIMMERSTITCH.COM MEMBERS AGREE TO PAY A RECURRING MONTHLY FEE BY CREDIT CARD, PERMITTING US TO CHARGE MEMBERSHIP DUES AND ANY APPLICABLE TAX, UNTIL YOU CANCEL.

YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL PERIOD HAS ENDED OR THAT THE PAYING PORTION OF YOUR MEMBERSHIP HAS BEGUN. WE WILL CONTINUE TO BILL YOUR PAYMENT METHOD ON A MONTHLY BASIS FOR YOUR MEMBERSHIP FEE UNTIL YOU CANCEL. EMAIL SUPPORT@SHIMMERSTITCH.COM TO CANCEL so we have a written record of your cancellation.

BILLING:

RECURRING BILLING. BY STARTING YOUR SHIMMERSTITCH.COM MEMBERSHIP AND PROVIDING OR DESIGNATING A PAYMENT METHOD, YOU AUTHORIZE US TO CHARGE YOU A MONTHLY MEMBERSHIP FEE AT THE THEN CURRENT RATE, AND ANY OTHER CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SHIMMERSTITCH.COM SERVICE TO YOUR PAYMENT METHOD. YOU ACKNOWLEDGE THAT THE AMOUNT BILLED EACH MONTH MAY VARY FROM MONTH TO MONTH FOR REASONS THAT MAY INCLUDE DIFFERING AMOUNTS DUE TO PROMOTIONAL OFFERS, INCLUDING GIFT CARD REDEMPTION AND PROMOTIONAL CODE REDEMPTION, AND YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD FOR SUCH VARYING AMOUNTS, WHICH MAY BE BILLED MONTHLY IN ONE OR MORE CHARGES.

PRICE CHANGES:

WE RESERVE THE RIGHT TO ADJUST PRICING FOR OUR SERVICE OR ANY COMPONENTS THEREOF IN ANY MANNER AND AT ANY TIME AS WE MAY DETERMINE IN OUR SOLE AND ABSOLUTE DISCRETION. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE, ANY PRICE CHANGES TO YOUR SERVICE WILL TAKE EFFECT FOLLOWING EMAIL NOTICE TO YOU.

BILLING CYCLE:

THE MEMBERSHIP FEE FOR OUR SERVICE WILL BE BILLED AT THE BEGINNING OF THE PAYING PORTION OF YOUR MEMBERSHIP AND EACH MONTH THEREAFTER UNLESS AND UNTIL YOU CANCEL YOUR MEMBERSHIP. WE AUTOMATICALLY BILL YOUR PAYMENT METHOD EACH MONTH ON THE CALENDAR DAY CORRESPONDING TO THE COMMENCEMENT OF YOUR PAYING MEMBERSHIP.

MEMBERSHIP FEES ARE FULLY EARNED UPON PAYMENT:

WE RESERVE THE RIGHT TO CHANGE THE TIMING OF OUR BILLING, IN PARTICULAR, AS INDICATED BELOW, IF YOUR PAYMENT METHOD HAS NOT SUCCESSFULLY SETTLED. IN THE EVENT YOUR PAYING MEMBERSHIP BEGAN ON A DAY NOT CONTAINED IN A GIVEN MONTH, WE MAY BILL YOUR PAYMENT METHOD ON A DAY IN THE APPLICABLE MONTH OR SUCH OTHER DAY AS WE DEEM APPROPRIATE. FOR EXAMPLE, IF YOU STARTED YOUR SHIMMERSTITCH.COM MEMBERSHIP OR BECAME A PAYING MEMBER ON JANUARY 31ST, YOUR NEXT PAYMENT DATE IS LIKELY TO BE FEBRUARY 28TH, AND YOUR PAYMENT METHOD WOULD BE BILLED ON THAT DATE. YOUR RENEWAL DATE MAY CHANGE DUE TO CHANGES IN YOUR MEMBERSHIP.

WE MAY AUTHORIZE YOUR PAYMENT METHOD IN ANTICIPATION OF MEMBERSHIP OR SERVICE-RELATED CHARGES. AS USED IN THESE TERMS OF USE, “BILLING” SHALL INDICATE A CHARGE, DEBIT OR OTHER PAYMENT CLEARANCE, AS APPLICABLE, AGAINST YOUR PAYMENT METHOD. UNLESS OTHERWISE STATED DIFFERENTLY, MONTH OR MONTHLY REFERS TO YOUR BILLING CYCLE.

NO REFUNDS:

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. FOLLOWING ANY CANCELLATION, HOWEVER, YOU WILL CONTINUE TO HAVE ACCESS TO THE SERVICE THROUGH THE END OF YOUR CURRENT BILLING PERIOD. AT ANY TIME, AND FOR ANY REASON, WE MAY PROVIDE A REFUND, DISCOUNT, OR OTHER CONSIDERATION TO SOME OR ALL OF OUR MEMBERS “CREDITS”. THE AMOUNT AND FORM OF SUCH CREDITS, AND THE DECISION TO PROVIDE THEM, ARE AT OUR SOLE AND ABSOLUTE DISCRETION. THE PROVISION OF CREDITS IN ONE INSTANCE DOES NOT ENTITLE YOU TO CREDITS IN THE FUTURE FOR SIMILAR INSTANCES, NOR DOES IT OBLIGATE US TO PROVIDE CREDITS IN THE FUTURE, UNDER ANY CIRCUMSTANCE.

PAYMENT METHODS:

YOU MAY EDIT YOUR PAYMENT METHOD INFORMATION BY EMAILING SUPPORT@SHIMMERSTITCH.COM IF A PAYMENT IS NOT SUCCESSFULLY SETTLED, DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT EDIT YOUR PAYMENT METHOD INFORMATION OR CANCEL YOUR ACCOUNT (SEE,”CANCELLATION” BELOW), YOU REMAIN RESPONSIBLE FOR ANY UNCOLLECTED AMOUNTS AND AUTHORIZE US TO CONTINUE BILLING THE PAYMENT METHOD, AS IT MAY BE UPDATED. THIS MAY RESULT IN A CHANGE TO YOUR PAYMENT BILLING DATES. FOR CERTAIN PAYMENT METHODS, THE ISSUER OF YOUR PAYMENT METHOD MAY CHARGE YOU A FOREIGN TRANSACTION FEE OR OTHER CHARGES. CHECK WITH YOUR PAYMENT METHOD SERVICE PROVIDER FOR DETAILS.

CANCELLATION:

YOU MAY CANCEL YOUR SHIMMERSTITCH.COM MEMBERSHIP AT ANY TIME, AND YOU WILL CONTINUE TO HAVE ACCESS TO THE SHIMMERSTITCH.COM MEMBERSHIP THROUGH THE END OF YOUR MONTHLY BILLING PERIOD. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. TO CANCEL EMAIL SUPPORT@SHIMMERSTITCH.COM

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY:

SHIMMERSTITCH.COM AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH SHIMMERSTITCH.COM PRODUCTS AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SHIMMERSTITCH.COM DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE NLCA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SHIMMERSTITCH.COM SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SHIMMERSTITCH.COM, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. IF ANY PROVISION OR PROVISIONS OF THESE TERMS OF USE SHALL BE HELD TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE VALIDITY, LEGALITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.

AFFILIATE DISCLAIMER:

FROM TIME TO TIME, SHIMMERSTITCH.COM MAY ENDORSE, PROMOTE OR SUGGEST SERVICES AND/OR PRODUCTS. SHIMMERSTITCH.COM’S RECOMMENDATIONS WILL BE BASED SOLELY ON ACCESS TO THIS SITE

SHIMMERSTITCH.COM’S DETERMINATION THAT THE SERVICE/PRODUCT IS OF VALUE TO USERS BASED ON A REVIEW THEREOF BY SHIMMERSTITCH.COM, AND/OR SHIMMERSTITCH.COM’S RELATIONSHIP WITH THE PROVIDER/PRODUCER OF SUCH SERVICE/PRODUCT AND/OR SHIMMERSTITCH.COM’S PRIOR USAGE OF SUCH SERVICE/PRODUCT. SHIMMERSTITCH.COM MAY BE COMPENSATED FOR ITS RECOMMENDATIONS. SHIMMERSTITCH.COM MAY RECEIVE SAMPLE SERVICES/PRODUCTS FOR THE PURPOSE OF CONDUCTING A REVIEW THEREOF. SHIMMERSTITCH.COM’S POLICY IS TO CONDUCT TO THE BEST OF ITS ABILITY AN UNBIASED REVIEW OF SUCH SERVICES/PRODUCTS. IF A SERVICE/PRODUCT DOES NOT MEET SHIMMERSTITCH.COM’S STANDARDS OR EXPECTATIONS, OR IS DEEMED UNSAFE OR IS LIKELY TO BE UNSAFE, SUCH FINDINGS WILL BE NOTED IN THE CORRESPONDING REVIEW OF SUCH SERVICE/PRODUCT. NOTWITHSTANDING THE FOREGOING, NO REVIEW SHALL BE DEEMED TO BE A GUARANTEE, REPRESENTATION OR WARRANTY AS TO THE SUITABILITY OF ANY SERVICE/PRODUCT FOR ANY PARTICULAR PURPOSE, AND NO REVIEW SHOULD BE RELIED UPON BY ANY PERSON IN MAKING A DETERMINATION TO PURCHASE, ACQUIRE OR UTILIZE ANY SUCH SERVICE/PRODUCT. THE DETERMINATION TO UTILIZE ANY SERVICE/PRODUCT FOR WHICH SHIMMERSTITCH.COM PROVIDES A REVIEW SHALL BE SOLELY THE RESPONSIBILITY OF THE PERSON UTILIZING SUCH SERVICE/PRODUCT AND SHIMMERSTITCH.COM SHALL NOT BE LIABLE IN ANY WAY AS A RESULT OF ANY SUCH PERSON’S USE OF ANY SUCH SERVICE/PRODUCT.

LIMITATION ON LIABILITY OF SHIMMERSTITCH.COM:

ANY LIABILITY OF SHIMMERSTITCH.COM, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED IN THE AGGREGATE TO DIRECT AND ACTUAL DAMAGES NOT TO EXCEED THE FEES RECEIVED BY SHIMMERSTITCH.COM FROM ANY USER IN CONNECTION WITH SUCH USE OF, REGISTRATION FOR AND SUBSCRIPTION TO ANY ONLINE SERVICES. SHIMMERSTITCH.COM WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, CLAIMS, COSTS, EXPENSES OR OTHER LIABILITIES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON ANY CONTENT CONTAINED IN THE WEBSITE OR ONLINE SERVICES. WITHOUT LIMITATION, SHIMMERSTITCH.COM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES, EITHER DIRECTLY OR INDIRECTLY, RELATED TO (1) ANY LOSS OF ANY KIND; (2) AN INABILITY TO ACCESS OR UTILIZE, OR ANY DELAY IN ACCESSING OR UTILIZING, THE WEBSITE OR ANY LINKS CONTAINED THEREIN TO OR FROM ANY OTHER WEBSITES OR CONTENT; (3) ANY INFORMATION OR CONTENT NOT CONTAINED ON THE WEBSITE, OR THE FAILURE OF SHIMMERSTITCH.COM TO PROVIDE, OR ANY DELAY IN PROVIDING, ANY PARTICULAR CONTENT, OR ANY ERROR IN THE TRANSMISSION OF ANY CONTENT; OR (4) THE USE OF ANY CONTENT CONTAINED ON THE WEBSITE IN ANY WAY THAT MAY BE DEEMED UNSUITABLE FOR ITS INTENDED PURPOSE OR THAT IS AGAINST INDUSTRY STANDARDS.

ARBITRATION AGREEMENT:

IF YOU ARE AN SHIMMERSTITCH.COM MEMBER OR PURCHASED PRODUCTS OR SERVICES FROM SHIMMERSTITCH.COM IN THE UNITED STATES (INCLUDING ITS POSSESSIONS AND TERRITORIES), YOU AND SHIMMERSTITCH.COM AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SHIMMERSTITCH.COM PRODUCTS/SERVICES OR SHIMMERSTITCH.COM SERVICE, THESE TERMS OF USE AND THIS ARBITRATION AGREEMENT, SHALL BE DETERMINED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF USE, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND SHIMMERSTITCH.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT AND THE TERMINATION OF YOUR SHIMMERSTITCH.COM MEMBERSHIP.

IF YOU ELECT TO SEEK ARBITRATION OR FILE A SMALL CLAIM COURT ACTION, YOU MUST FIRST SEND TO SHIMMERSTITCH.COM BY CERTIFIED MAIL, A WRITTEN NOTICE OF YOUR CLAIM (“NOTICE”). THE NOTICE TO SHIMMERSTITCH.COM MUST BE ADDRESSED TO: GENERAL COUNSEL, SHIMMERSTITCH.COM, 2424 Lambton wood dr apex, nc 27539 (“NOTICE ADDRESS”). IF SHIMMERSTITCH.COM INITIATES ARBITRATION, IT WILL SEND A WRITTEN NOTICE TO THE EMAIL ADDRESS USED FOR YOUR MEMBERSHIP ACCOUNT. A NOTICE, WHETHER SENT BY YOU OR BY SHIMMERSTITCH.COM, MUST (A) DESCRIBE THE NATURE AND BASIS OF THE CLAIM OR DISPUTE; AND (B) SET FORTH THE SPECIFIC RELIEF SOUGHT (“DEMAND”). IF SHIMMERSTITCH.COM AND YOU DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN 30 DAYS AFTER THE NOTICE IS RECEIVED, YOU OR SHIMMERSTITCH.COM MAY COMMENCE AN ARBITRATION PROCEEDING OR FILE A CLAIM IN SMALL CLAIMS COURT.

YOU MAY DOWNLOAD OR COPY A FORM NOTICE AND A FORM TO INITIATE ARBITRATION AT WWW.ADR.ORG. IF YOU ARE REQUIRED TO PAY A FILING FEE, AFTER SHIMMERSTITCH.COM RECEIVES NOTICE AT THE NOTICE ADDRESS THAT YOU HAVE COMMENCED ARBITRATION, SHIMMERSTITCH.COM WILL PROMPTLY REIMBURSE YOU FOR YOUR PAYMENT OF THE FILING FEE, UNLESS YOUR CLAIM IS FOR GREATER THAN US$10,000, IN WHICH EVENT YOU WILL BE RESPONSIBLE FOR FILING FEES.

THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS AGREEMENT, AND WILL BE ADMINISTERED BY THE AAA. THE AAA RULES AND FORMS ARE AVAILABLE ONLINE AT WWW.ADR.ORG, BY CALLING THE AAA AT 1-800-778-7879, OR BY WRITING TO THE NOTICE ADDRESS. THE ARBITRATOR IS BOUND BY THE TERMS OF THIS AGREEMENT. ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING ISSUES RELATING TO THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION AGREEMENT. UNLESS SHIMMERSTITCH.COM AND YOU AGREE OTHERWISE, ANY ARBITRATION HEARINGS WILL TAKE PLACE IN THE COUNTY (OR PARISH) OF YOUR RESIDENCE.

IF YOUR CLAIM IS FOR US$10,000 OR LESS, WE AGREE THAT YOU MAY CHOOSE WHETHER THE ARBITRATION WILL BE CONDUCTED SOLELY ON THE BASIS OF DOCUMENTS SUBMITTED TO THE ARBITRATOR, THROUGH A TELEPHONIC HEARING, OR BY AN IN-PERSON HEARING AS ESTABLISHED BY THE AAA RULES. IF YOUR CLAIM EXCEEDS US$10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES. REGARDLESS OF THE MANNER IN WHICH THE ARBITRATION IS CONDUCTED, THE ARBITRATOR SHALL ISSUE A REASONED WRITTEN DECISION SUFFICIENT TO EXPLAIN THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE AWARD IS BASED. IF THE ARBITRATOR ISSUES YOU AN AWARD THAT IS GREATER THAN THE VALUE OF SHIMMERSTITCH.COM'S LAST WRITTEN SETTLEMENT OFFER MADE BEFORE AN ARBITRATOR WAS SELECTED (OR IF SHIMMERSTITCH.COM DID NOT MAKE A SETTLEMENT OFFER BEFORE AN ARBITRATOR WAS SELECTED), THEN SHIMMERSTITCH.COM WILL PAY YOU THE AMOUNT OF THE AWARD OR US$1,000, WHICHEVER IS GREATER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA RULES.

YOU AND SHIMMERSTITCH.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND SHIMMERSTITCH.COM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS WITH YOUR CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

AMENDMENTS:

WE RESERVE THE RIGHT TO AMEND THESE TERMS OF SERVICE AT OUR SOLE DISCRETION AND AT ANY TIME. YOU SHOULD REVIEW THESE TERMS OF SERVICE PERIODICALLY TO CHECK FOR AMENDMENTS. WE WILL POST NOTICE OF MODIFICATIONS AND ADDITIONS TO THESE TERMS ON THIS PAGE. CHANGES WILL NOT APPLY RETROACTIVELY AND WILL BECOME EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED. HOWEVER, CHANGES ADDRESSING NEW FUNCTIONS FOR AN ONLINE SERVICE OR CHANGES MADE FOR LEGAL REASONS WILL BE EFFECTIVE IMMEDIATELY.