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Terms!

Terms of Sale

IMPORTANT READ CAREFULLY: This End User License Agreement (“EULA”) is an agreement between you and Ellen Medlock, LLC.   YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY ASSEMBLING ANY ITEM SUBSTANTIALLY PURSUANT TO THIS INSTRUCTION MANUAL OR ANY OTHER USE OF THIS INSTRUCTION MANUAL.  IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA DO NOT USE THIS PRODUCT FURTHER; YOU MAY RETURN IT FOR A FULL REFUND.

1.    Ellen Medlock, LLC grants you the following rights provided that you comply with all terms of this EULA:

1.1 THE PRODUCT. As used in this EULA, the term “product” refers to the instruction manual and any item created using the instruction booklet.  The term “product” shall also apply to all items that are inspired, influenced, and/or substantially similar to the item whose creation is described in the instruction booklet.  The terms “product”, “instruction manual”, and “instruction booklet” shall be construed as synonyms.

1.2 SINGLE USER LICENSE. Unless you have purchased multiple copies of this instruction manual, or have entered into a separate licensing agreement with Ellen Medlock, LLC, you may create only one copy of this product.  Pursuant to this license you may only use the instruction manual for the production of one item or items described herein.

1.3 RESTRICTIONS ON TRANSFER AND RECORDING. You may not be sell, rent, lease, trade or otherwise transfer this license.  You may not make copies, facsimiles, or in anyway record or transmit the information contained in this instruction manual for any reason without the express written consent of Ellen Medlock, LLC.

1.4 NOT LICENSED FOR COMMERCIAL USE.  This product is licensed for individual use and enjoyment, and not for commercial purposes.  Unless you have purchased a Crafter's License directly from Ellen Medlock, LLC, this product may not be used for any commercial purpose including transfer, resale, assembly to sell the items or items substantially similar to those described herein, any other commercial uses defined in this EULA or any other commercial application of the product. 

1.5 NON TRANSFERABILITY OF INTELLECTUAL PRODUCT.  Any transfer of the intellectual property including but not limited to the source of parts for sub-assembly, types of cloth, and assembly instructions to a third party regardless of consideration, or compensation for such transfer is defined as commercial use.

2.    RESERVATION OF RIGHTS AND OWNERSHIP. Ellen Medlock, LLC  reserves all rights not expressly granted to you in this EULA. The product is protected by copyright and other intellectual property laws and treaties to the maximum extent allowable. Ellen Medlock, LLC owns the title, copyright, and other intellectual property rights in the product. The product is licensed, not sold.  This license is your only possessory interest in the product.  Ellen Medlock, LLC further disclaims the transfer of all other forms of ownership or possession of this product.

3.    TERMINATION. Without prejudice to any other rights, Ellen Medlock, LLC may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the product and all of its component parts.

4.    PERMISSIBILITY OF ANTICIPATORY BREACH.  To the maximum extent allowed by the law Ellen Medlock, LLC may terminate this EULA and any possessor interest that you have in the product in anticipation of you breaching a portion (express or implied) of this EULA or any condition not otherwise created herein that is created by the law of the State of Oklahoma.  In such case, the only damages that Ellen Medlock, LLC is entitled to pay you the retail price of the instruction manual.

5.    LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US. Ellen Medlock, LLC warrants only the instruction booklet and not any components used for assembly or any assembled item created pursuant to or inspired by the instruction booklet.  Ellen Medlock, LLC warrants that the instruction booklet will perform as stated in all advertising and other statements prior to or contemporaneously with the sale of the product by Ellen Medlock, LLC, its suppliers, and its agents for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state and federal or state law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

6.    WARRANTY AND LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty by Ellen Medlock, LLC, its agents, assigns, or commercial successors is as set forth below. Except for any refund elected by Ellen Medlock, LLC, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the product does not meet Ellen Medlock, LLC’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose.  YOUR EXCLUSIVE REMEDY. Ellen Medlock, LLC’s entire liability and your exclusive remedy for any breach of this Limited Warranty, for any other breach of this EULA or for any other liability relating to the Product shall be at Ellen Medlock, LLC's option from time to time exercised subject to applicable law, either (a) return of the amount paid (if any) for the instruction booklet, or (b) a replacement instruction booklet.  You will receive the remedy elected by Ellen Medlock, LLC without charge, except that you are responsible for any expenses you may incur incident to seeking the remedy. This Limited Warranty is void if failure of the instruction booklet has resulted from accident, abuse, misapplication, or abnormal use. Any replacement instruction booklet will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Ellen Medlock, LLC will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Ellen Medlock, LLC's warranty remedy procedures.  Under no circumstances shall this warranty be construed as stating that Ellen Medlock, LLC will make alterations or finish the assembly of any item depicted in the instruction booklet.

7.    DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations created by any other communications of Ellen Medlock, LLC, its suppliers, or its agents.  Except for the Limited Warranty and to the maximum extent permitted by applicable law, Ellen Medlock, LLC and its suppliers provide the product AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, whether express, implied or statutory.

8.    EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELLEN MEDLOCK, LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER.

9.    APPLICABLE LAW. If you acquired this product in the United States, this EULA is governed by the laws of the State of Oklahoma.

10. CHOICE OF VENUE.  In the event of any suit arising from this sale, contract, EULA, or use of the product thereafter you agree to bring all suits and be amenable to suit in the federal or state courts located in Tulsa, Oklahoma.

11. ENTIRE AGREEMENT; SEVERABILITY. This EULA is the entire agreement between you and Ellen Medlock, LLC relating to the product and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the product, any other subject matter covered by this EULA, or the items depicted in the instruction booklet.  If any provision of this EULA is held to be void, invalid, unenforceable or illegal only those portions shall be severed from the EULA and all other provisions of this EULA shall continue in full force and effect.