Effective date: January 25, 2020
Welcome to TuffSew.com, the walking foot heavy duty sewing machine provider, operated by TuffSew.com, in the case of users originating from within the United States, and TuffSew.com, in the case of users originating from outside of the United States (“TuffSew.com”).
By using the TuffSew.com Website, (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a member of TuffSew.com (“Member”). If you wish to become a Member and make use of the TuffSew.com service (the “Service”), please read these Terms of Use. If you object to anything in this Agreement or the TuffSew.com Privacy Policy, do not use the Website or the Service. TuffSew.com references are to include the owners, staff, and contractors of the business/website.
1. Acceptance of Terms of Use Agreement.
a. Electronic Agreement.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your purchases of our product offerings. By accessing the Website or becoming a customer, you accept this Agreement and agree to all of the terms, conditions and notices contained or referenced herein
b. Electronic Form.
c. Non-electronic Copy.
d. Withdrawing Your Consent.
i. Notice.
ii. Effective Timing.
e. Access and Retention.
2. Product Warranty and Outcomes
TuffSew sewing machine heads are warranted for a period of 12 months from the date of the original purchase against manufacturer’s defects due to imperfections in workmanship and materials.
This warranty does not cover transportation, shipping costs, and these parts listed: Needles, bobbins, belts, light bulbs, needle plates, feed dogs, shuttles, springs, and tension. All parts other then those specified above that have been deemed defective by the manufacturer, at our discretion will be either repaired or replaced at no charge to the customer. Customer is responsible for all shipping costs.
This limited warranty is offered to the customer provided that your machine is used for normal sewing purposes and is given reasonable good care and lubrication in accordance with the instructions set forth in the instruction book. Normal wear and tear of the parts, any accidents, any abuse, or negligence is not covered by our warranty. Finally the machine is not covered by under warranty if the machine has been repaired by an unauthorized or unqualified sewing machine dealer, retailer, or technician. Warranty is void if machine has been disassembled or altered in any way.
You are solely responsible for the outcomes of your sewing applications. We urge all customers to reach out to TuffSew for technical, application, and any other form of support during machine setup, use, or repair.
3. Term.
This Agreement will remain in full force and effect while you use the Website and/or are a customer.
TuffSew.com may terminate your subscription (to our Website/Newsletter/Membership) by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to TuffSew.com.
4. Content on TuffSew.com.
a. Proprietary Rights.
TuffSew.com owns and retains all proprietary rights in the Website and Services. ALL SUBMITTED POSTS TO TUFFSEW ARE THE FULL PROPERTY OF TUFFSEW.COM. You may ask to edit your submitted articles, after they are posted, by contacting us. The Website contains the copyrighted material, trademarks, and other proprietary information of TuffSew.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
b. Reliance on Content, Advice, Etc.
Sewing guides, opinions, and how to articles/videos, or other information or content made available through the Service, but not directly by TuffSew.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TuffSew.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, guide, or statement made by any party that appears on the Website. Under no circumstances will TuffSew.com or its affiliates be responsible for any loss or damage to your sewing machine or material substrates resulting from your reliance on information, how-to articles and videos, sewing guide or other content posted on the Website or transmitted to or by any Members.
5. Prohibited Activities.
TuffSew.com reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
- You will not express or imply that any statements you make are endorsed by TuffSew.com without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
- You will not interfere with or disrupt the Services or Products or the site or the servers or networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- You will not “frame” or “mirror” any part of the Service or the Website, without TuffSew.com’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to TuffSew.com or the Service or the site in order to direct any person to any other web site for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
6. Customer Service.
Tuffsew.com provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately.
Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees
7. Subscriptions; Charges on Your Billing Account.
a. Billing and Payment.
TuffSew.com bills you through an online portal provided by WooCommerce and Stripe (your “Billing Account”) for purchase of our products. You agree to pay TuffSew.com all charges at the prices you agreed to for any use of the Product or Service by you or other persons (including your agents) using our purchase portal, and you authorize TuffSew.com to charge your chosen payment provider (your “Payment Method”) for the Product or Service.
You agree to make payment using that selected Payment Method. TuffSew.com may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This Section 12 includes any agreements you made with TuffSew.com on the Website when becoming a Member or purchasing a product.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, we may in our discretion to ask you to ship back your sewing machine to our factory. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund.
b. Current Information.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify TuffSew.com if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password).
8. Modifications to Service.
TuffSew.com reserves the right at any time to modify or discontinue, temporarily or permanently, our Product Line (or any part thereof) with or without notice. You agree that TuffSew.com shall not be liable to you or to any third party for any modification, suspension or discontinuance a Product.
9. Blocking of IP Addresses.
In order to protect the integrity of the Service, TuffSew.com reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
10. Privacy and Communications.
Use of the Website and/or the Service is also governed by our Privacy Policy. When you become a Member, you agree and consent to receive email messages from us.
These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us. Please see the TuffSew.com Privacy Policy for more information regarding these communications.
11. Disclaimers.
TuffSew.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. TuffSew.com is not liable for any damages you incur while using our sewing machines.
a. Medical Disclaimer:
Medical Disclaimer: TUFFSEW does not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this web site. TUFFSEW IS NOT RESPONSIBLE NOR LIABLE FOR ANY ADVICE, PRODUCT ISSUE, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEB SITE.
12. Links.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TuffSew.com has no control over such sites and resources, you acknowledge and agree that TuffSew.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that TuffSew.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
13. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will TuffSew.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if TuffSew.com has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, TuffSew.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to TuffSew.com for the Service during the use of our Website or Product Usage. .
14. U.S. Export Controls.
15. Arbitration and Governing Law.
Arbitration Agreement.
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against TuffSew.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against TuffSew.com any class action, class arbitration, or other representative action or proceeding.
16. Arbitration and Governing Law.
Arbitration Agreement.
Arbitration Agreement. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against TuffSew.com in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against TuffSew.com any class action, class arbitration, or other representative action or proceeding.
Notice of Rights.
By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and TuffSew.com (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Court Proceedings.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against TuffSew.com (except for small-claims court actions) may be commenced only in the federal or state courts located in Solano County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Governing Law.
This Agreement, and any dispute between you and TuffSew.com, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
17. Indemnity by You.
You agree to indemnify and hold TuffSew.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service/Products in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above
18. No Third Party Beneficiaries.
19. Other and Amendments.
This Agreement contains the entire agreement between you and TuffSew.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. This Agreement is subject to change by TuffSew.com at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the TuffSew.com website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, this Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 12. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
Please Contact Us with any questions regarding this agreement. TuffSew is a trademark of TuffSew.com.