TERMS AND CONDITIONS
IMPORTANT – READ CAREFULLY:
1. Introduction: PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE
BOUND BY THESE TERMS (AND ANY TERMS INCORPORATED BY REFERENCE).
IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE OUR
WEBSITE.
These Terms and Conditions (“terms”) explain the conditions under which CreativiTee Franchise
LLC, an Oregon limited liability company, and Rofe Designs LLC, an Oregon limited liability
company (and their respective affiliates, as applicable) (“we/us”) provide use of our website,
www.CreativiTeeSpace.com, and the information, products and services available through our
website. We will use our best commercial efforts to comply with these Terms and Conditions.
2. Right to Change or Discontinue: We reserve the right at any time to change these terms
or to modify or discontinue our website at any time without advance notice. If the changes are
not acceptable to you, your only remedy is to stop using our website. By continuing to use our
website, you agree to be bound by the revised terms. You should review these terms before you
use our website so that you understand the applicable terms and conditions.
3. Access to Our Website: Subject to these terms, we grant you a limited license to access
and make personal use of our website. This license is revocable at any time. You must not
download or modify our website, or any portion of it, except with our prior written consent. Any
unauthorized use is prohibited and may also violate applicable laws including, without limitation,
copyright and trademark laws.
4. Third Party Websites: Our website may contain links to other websites operated by
third parties, and these sites may likewise contain links to other websites. We assume no liability
for the content of external links. The operators of our websites linked to and from our website are
solely responsible for their contents. You should carefully review the terms and conditions of
these sites, including their privacy policies, before visiting them.
5. Third Party Products and Services: We may run advertisements and promotions from
third parties on our website or may otherwise provide information about or links to third-party
products or services on our website. Your business dealings or correspondence with, or
participation in promotions of, these third parties, and any terms, conditions, warranties or
representations associated with third parties are solely between you and the third parties. We are
not responsible or liable for any loss, injury or damage of any sort incurred as the result of any of
your dealings with third parties or from any third party products and services.
6. Restrictions: Our website may be used and accessed for lawful purposes only. You agree
to be bound by all applicable local, state, national and foreign laws, treatises and regulations in
connection with your use of our website. In addition, without limitation, you agree that you will
not do any of the following while using or accessing our website or services: (a) Circumvent,
disable or otherwise interfere with security related features of our website or features that prevent
or restrict use or copying of any content; (b) Upload, stream, email or otherwise transmit any
content in violation of these terms; (c) Use any meta tags or other hidden text or metadata
utilizing name, trademark, URL or product name incorporating “CreativiTee”, “Rofe Designs”,
or any other similar name (or any other name, trademark or service mark related to our website);
(d) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of
solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the
functionality of our website or the services, or interfere with the access of any user to our website
or the services; (e) Forge any TCP/IP packet header or any part of the header information in any
posting or in any way use our website or services to send altered, deceptive or false source-
identifying information; (f) Attempt to probe, scan or test the vulnerability of any system or
network or breach or impair or circumvent any security or authentication measures protecting
our website or services; (g) Attempt to decipher, decompile, disassemble or reverse engineer any
of the software used to provide our website or services; (h) Collect or store personal data about
other users without their express permission; (j) Impersonate or misrepresent your affiliation
with any person or entity, through pretexting or some other form of social engineering or
otherwise commit fraud; or (k) Encourage or instruct any other individual to do any of the
foregoing or to violate any term of these terms.
7. Disclaimers: YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION,
MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE
PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-
INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT REPRESENT OR
WARRANT THAT INFORMATION ON OUR WEBSITE IS ACCURATE, COMPLETE,
RELIABLE, CURRENT OR ERROR-FREE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE
ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED
OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL
LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO
NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS
“CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE
COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY PROHIBITIONS.
WE ARE NOT RESPONSIBLE FOR INACCURACIES, ERRORS OR OMISSIONS
RELATING TO PRICING, DESCRIPTIONS, TEXT OR PHOTOGRAPHY.
WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY SUPPLIER
THAT ADVERTISES ON OUR SITE OR FOR ANY RESULTING PERSONAL INJURIES,
PROPERTY DAMAGE, DEATH OR OTHER DAMAGES OR EXPENSES.
WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF OUR WEBSITE SAFE,
WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR WEBSITE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT
VIRUSES FROM ANY DOWNLOAD.
8. Indemnification: You agree to defend, indemnify, and hold us and our officers,
directors, employees and agents, harmless from and against any claims, liabilities, damages,
losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising
out of or in any way connected with (a) your conduct or your access to or use of our website
and/or the related services (if any); (b) your violation of these terms; (c) your violation of any
third party right, including without limitation any intellectual property right, publicity,
confidentiality, property or privacy right; or (d) any user content you post (if applicable),
including any claim that any of your user content caused damage to a third party.
9. Limitations of Liability: IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS
OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR
ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO
THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON
ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR
LOCAL LAWS FOR ANY PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU
AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.
IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU
HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR
SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR
SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S
OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH
PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS
POLICIES POSTED ON THIS WEB SITE.
EXCEPT AS EXCLUSIVELY SET FORTH IN WRITING AND SIGNED BY US, WE
MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS
AND SERVICES WE PROVIDE. ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT RESTRICTED TO, THE IMPLIED WARRANTY OF TITLE AND
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. UNDER NO
CIRCUMSTANCES WILL OUR LIABILITY IN CONNECTION WITH ANY PRODUCTS
OR SERVICES EXCEED THE DOLLAR AMOUNT OF THE PURCHASE PRICE, LICENSE
FEE, OR SUBSCRIPTION FEE PAID BY YOU FOR THE PRODUCTS OR SERVICES. IN
NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO ANY PARTY, INCLUDING
BUT NOT LIMITED TO, YOU AND YOUR CUSTOMERS, FOR ANY TORT DAMAGES
OR INDIRECT, SPECIAL, GENERAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR ANTICIPATED PROFITS
AND LOSS OF GOODWILL, ARISING IN CONNECTION WITH THE USE (OR
INABILITY TO USE) THE PRODUCTS OR SERVICES FOR ANY PURPOSE
WHATSOEVER, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE
POSSIBILITY OF POTENTIAL LOSS OR DAMAGES.
10. Our Intellectual Property: We (or our licensors) own and retain all proprietary rights in
our website. Our website contains our copyrighted material, trademarks, and other proprietary
information, and is protected to the maximum extent permitted by U.S. and foreign laws and
international treaty provisions. Your access and use of our website and the related services does
not grant you any right or license to our copyrighted material, trademarks, service marks, trade
names, logos, images, or other proprietary information.
11. Mailing Lists: You may subscribe to our mailing list(s) via our website, if available.
When you subscribe to our mailing list, you consent to receive communications from us
electronically. Please review our separate Privacy Policy found on our website for more
information about use and protection of your personal information and your Opt-Out option.
12. Termination: You or we may suspend or terminate your account or your use of this
website at any time, for any reason or for no reason. You are personally liable for any orders
placed or charges incurred through your account prior to termination.
13. Repeat Infringers: Without limiting the foregoing, in accordance with the Digital
Millennium Copyright Act (DMCA) and other applicable laws, we reserve the right to terminate,
in appropriate circumstances and in our sole discretion, subscribers or account holders who are
deemed to be repeat infringers. We may also in our sole discretion choose to limit access to our
website and/or terminate the accounts of any users who infringe any intellectual property rights
of others, whether or not there is any repeat infringement.
14. Miscellaneous: These terms constitute the entire agreement between the parties with
respect to the use of our website and the related services and supersede all previous and
contemporaneous agreements, proposals and communications, written or oral between the
parties. Any waiver by either party of any violation of any provision of these terms will not be
deemed to waive any further or future violation of the same or any other provision. If any portion
of these terms is held to be unenforceable for any purpose (including but not limited to public
policy grounds) then the remainder of these terms will be fully enforceable as if the
unenforceable part or provision never existed. There are no third party beneficiaries of any
promises, obligations or representations made by us. You may not assign your rights or delegate
your duties under these terms to any third parties. THESE TERMS AND ANY DISPUTE
RELATING TO THESE TERMS WILL BE GOVERNED BY THE LAWS OF THE UNITED
STATES AND THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO U.S.
OR OREGON CHOICE OF LAW RULES. YOU AND WE AGREE AND CONSENT THAT
JURISDICTION, PROPER VENUE, AND THE MOST CONVENIENT FORUMS FOR ALL
CLAIMS, ACTIONS, AND PROCEEDINGS OF ANY KIND RELATING TO US OR THE
MATTERS IN THESE TERMS WILL BE EXCLUSIVELY IN COURTS LOCATED IN
PORTLAND, OREGON.
15. Contact Us: If you do not understand any of these Terms and Conditions or if you have
any questions or comments, please contact Roanna Gingrich at by email at
creativiteespace@gmail.com.