TERMS OF USE

 I. INTRODUCTION; CONSENT TO TERMS

 www.fabrictherapy.com is owned and operated by Fabric Therapy, Inc., an Illinois corporation. When the terms ‘we’, ‘us’, ‘our’, or ‘Fabric Therapy, Inc.’ are used in the Terms of Use, the Shipping and Store Policy, and the Privacy Policy they mean Fabric Therapy, Inc. and its owners, directors, officers, employees and agents, divisions, and any of its affiliates.

Please read these Terms of Use before using www.fabrictherapy.com (the "Site") or any features of this Site, including, but not limited to, reviewing the content offered on the Site, purchasing products listed on our site, or using any of the other features of the Site (collectively, the "Services"). By using the Services, you agree to be bound by these Terms of Use, the Privacy Policy, and the Shipping and Store Policy. If you do not agree to these Terms of Use, the Privacy Policy, and the Shipping and Store Policy, please exit the Site and do not use the Service or any of its features.

We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Site following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

If you breach any of the Terms of Use, your authorization to access or use this Site, and Services automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

Please note, that special terms apply to some services, including, but not limited to, Services involving the purchases of products or services from the Site. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

Our Shipping and Store Policies are terms that describe how we handle shipping and purchases. Please consult the link at the bottom of our home page for more information concerning shipping and purchases from our store.

Please note, we use Pay Pal for processing purchases made on the Site, and in addition to the Terms of Use on this Site, your transaction may also be subject to the terms and conditions and other policies then in effect through Pay Pal. In the future, we may use other vendors to process payments for orders from our store, and in such cases your transaction may be subject to the terms and conditions of these vendors, in addition to any terms that may be applicable for our Site.

II. YOUR AGREEMENT WITH FABRIC THERAPY, INC.

You agree that Terms of Use represent a binding agreement between us regarding your use of Service and supersedes all previous and contemporaneous oral or written agreements regarding your use of Service. We may discontinue or change the Service, or its availability to you at any time.

You agree that Terms of Use, as well as any and all claims arising from them and from your use of Service or this Site will be governed by and construed in accordance with the laws of the State of Illinois, United States of America applicable to contracts made entirely within Illinois and wholly performed in Illinois, without regard to any conflict or choice of law principles. The exclusive jurisdiction for any litigation (“Litigation”) arising out of Terms of Use, Privacy Policy, and your use of the Service or this Site will be vested in the federal or state courts located in Chicago, Cook County, Illinois, and such courts shall have exclusive jurisdiction over the parties and the subject matter of any such Litigation. You hereby agree to consent to and hereby waive all arguments or claims regarding venue for such Litigation. The Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The prevailing party in any such litigation shall be entitled to collect from the other party all costs incurred by them in the Litigation including reasonable attorneys’ fees and the cost of investigation.

III. CONTENT

Our Site includes a combination of content that we create, that our partners and third-parties including our vendors create, and in some instances it may contain content that our users create. All materials published on our Site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of third parties and our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part. We do not guarantee the accuracy, the integrity, or the quality of the content on our Site, and you may not rely on any of this content.

We may discontinue or change any service or feature on the Site at any time and without notice.

You must provide at your own expense the equipment and Internet connections that you will need to access and use the Site.

Content on this Site may contain errors, including, but not limited to, typographic errors, errors in the description of products or services being offered for sale, errors in pricing or availability, and we reserve the sole and exclusive right in our discretion to correct such errors (even after a purchase has been made from our Site).

The Site and Content available through the Service may contain links to third-party websites. You understand that we do not control, and are not responsible for Content made available through the Service by third parties, including links that may appear on the Site, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.

We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You are visiting any other websites at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will we be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via the service.

Fabric Therapy, Inc. assumes no responsibility for consequences resulting from the use of the Content, or from use of the information obtained at linked Internet addresses, or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownerships of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. Fabric Therapy, Inc. is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on such information.

NO GUARANTEES OR WARRANTIES, INCLUDING (BUT NOT LIMITED TO) ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ARE MADE BY FABRIC THERAPY, INC. WITH RESPECT TO SUCH INFORMATION.

IV. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your copyrighted work, or your registered trademark has been copied and is accessible on this site in a way that constitutes copyright infringement, or if applicable, trademark infringement, you may notify us by providing our copyright and trademark agent with the following information at:

Toll Free: 877-598-9279 or by e-mail to customerservice@fabrictherapy.com:

a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website, for example the URL of the webpage;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright or trademark interest involved or that you are authorized to act on behalf of that owner;

d) Your name, address, telephone number, and email address; and

e) Your physical or electronic signature.

We will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

V. LICENSE AND ACCESS TO THE SERVICE

Fabric Therapy, Inc. hereby grants you a limited, revocable, nonexclusive paid in full license to access the Service for your own personal use. This license does not include any right to private or commercial collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, web crawlers, or similar data gathering and extraction tools for any purpose unless expressly permitted in advance in a written document signed by us. The sole exception is the limited right provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they comply with our robots.txt file.

If you are required to establish an account in connection with a particular Service or Content, you must complete the designated registration process for such Service or Content. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Fabric Therapy, Inc. immediately.

VI. LIMITATIONS ON USE

You may not reproduce, frame, copy, republish, broadcast, modify, translate, sublicense, assign, sell, or loan any portion of the Content without our prior expressed written consent.

As some examples of improper activities when accessing or using the Site, Services or Content, you agree that you shall not:

- Violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights.

- Use or attempt to gain access to or use another's account, password, Service, Content or computer systems or networks connected to the Site.

- Access or attempt to access any Content that you are not authorized to access or Content through any means not intentionally made available through the Site or Services.

- Make available any files containing Content where you do not own or control, you have not obtained our prior written consent, or you have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Content.

- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Content, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.

- Transmit unsolicited or bulk communications.

- Impersonate any person, business or entity.

- Download any Content posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.

- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Content or Services.

- Breach any guidelines or other codes of conduct applicable to a particular Service or Content.

- Take any action that imposes an unreasonably or disproportionately large load on our servers.

- Post or otherwise submit any topic, name, material or information that is defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, invasive of another's privacy, racist, unlawful, pornographic, or otherwise objectionable.

- Collect, compile, use, download or otherwise copy any information about other end users.

VII. TERMINATION OF SERVICE

You agree that Fabric Therapy, Inc., in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, refuse, move, or remove any material that you submit to our sites for any reason, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Fabric Therapy, Inc. believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that Fabric Therapy, Inc. shall not be liable to you or any third-party for any termination of your access to the Service.

VIII. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FABRIC THERAPY, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FABRIC THERAPY, INC. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FABRIC THERAPY, INC. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

IX. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FABRIC THERAPY, INC. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FABRIC THERAPY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN THE EVENT OF A DISPUTED CLAIM ANY LOSS THAT YOU INCUR THROUGH THE USE OR PURCHASE OF GOOD OR SERVICES FROM THIS SITE OUR LIABILITY SHALL BE LIMITED TO THE REPLACEMENT COST OF SUCH GOODS OR SERVICES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

X. INDEMNITY

You agree to indemnify and hold Fabric Therapy, Inc., its subsidiaries, affiliates, successors, assigns, owners, directors, officers, employees, agents, service providers, and suppliers harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.

XI. COMMUNICATIONS WITH THIS SITE

The Site does not want to receive confidential, proprietary or trade secret information through this Web site (excluding information related to any order you submit). Please note that any information, materials, suggestions, questions, ratings about products or services sold or offered for sale on this Site, or ideas or comments sent to this Site will be deemed non-confidential. Further, if you submit any information to us of any kind you agree that you have granted Fabric Therapy, Inc. and this Site an irrevocable, royalty free, world-wide license to use, modify, reproduce, transmit, display and distribute your materials including without limitation, any information, suggestions, ideas or comments that you submit to the Site for any purpose whatsoever. To protect your privacy, we agree that Fabric Therapy, Inc. and this Site will not use or display your personally identifiable information in connection with such materials, information, suggestions, ratings about products, comments, or ideas unless we first obtain your permission or otherwise are required by law to do so.

XII. UNDERSTANDING THE SITE’S PERFORMANCE

We may use personal information for auditing, research, and analysis to operate and improve our Services. We may also analyze the aggregate of such data to determine how we can provide our users with a better user experience. We may share the results of our analysis of this aggregated non-personal information with merchants to attract new offers for goods and services, and to attract merchants who can better serve the interests and purchasing practices of our users. In sharing the results of our analysis we strive to improve our Services by bringing greater values and more exciting offers to our users. Most importantly, we can do all of this without sharing your personally identifiable information with anyone.

XIII. PURCHASES FROM THIS SITE

When you purchase from this Site you understand and agree that www.fabrictherapy.com may share information about you and your transaction with other companies for the purpose of processing the transaction, including but not limited to, sharing your information with payment processing services, shipping companies that service orders placed from this site, to protect you and or the Site from fraudulent activities, and with law enforcement agencies, or upon our receipt of a Subpoena or other order of a court of competent jurisdiction.

You understand and agree that when you make a purchase from this Site, or you sign up for e-mail notices, or you send us any information, for example by contacting us at customerservice@fabrictherapy.com, or you submit information to us, regardless of form, you agree that we may communicate with you, either about your submittal, or to notify you of special offers, sales, or to conduct any form of marketing campaign concerning the products or services that we offer, or that we plan to offer on the Site. We may also from time to time, use or employ an e-mail marketing firm to conduct an e-mail marketing campaign concerning the products or services that we offer, or that we plan to offer on the Site. You agree to accept such communications from this Site. However, in the event that you do not wish to receive communications from this Site, please contact our customer service department at the following address: customerservice@fabrictherapy.com.

Refunds and exchanges are described in the Shipping and Store Policy, which you may find using the link located at the bottom of the Site’s home page.

XIV. SALES TO MINORS LESS THAN 13 YEARS OF AGE

Fabric Therapy, Inc. and this Site do not target sales or marketing of its products or services to minors, or specifically to minors less than 13 years, and we strive to comply with laws regarding sales to minor individuals.

PRIVACY POLICY

 What is our Privacy Policy

 Our “Privacy Policy” describes the way fabrictherapy.com and its owners, Fabric Therapy, Inc. and its affiliates, use information that is collected from you when you use www.fabrictherapy.com (the "Site").

What information do we collect?

We collect information from you when you register for our newsletter or place an order from our Site.

When registering or ordering on our Site, as appropriate, you may be asked to enter your name or e-mail address. You may, however, visit our Site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

To improve our Site. We continually strive to improve our Site offerings based on the information and feedback we receive from you.

• To improve customer service. Your information helps us to more effectively respond to your customer service requests and support needs.
• To process transactions. Your information whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested by the customer.
• To send periodic emails for promotions, contests, surveys or other Site features.
• The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.

Note: If at any time you would like to unsubscribe from receiving future emails, we include unsubscribe information at the bottom of each email.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you access our Site.

Do we use cookies?

We do not use cookies

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Site, conduction our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your personal information when we believe release is appropriate to comply with the law, enforce our Site policies, prevent fraud or other crimes, or protect ours or others rights, property, or safety.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our Site. These third party sites have their own separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Site and welcome any feedback about these third party sites.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our Site and not to information collected offline.

Terms of Use

Please review our Terms of Use, which are posted on our Site. The Terms of Use describe our policy regarding the use, disclaimers, and limitations of liability governing our Site.

Your Consent

By using our Site, you consent to our Privacy Policy.

Changes to our Privacy Policy

We may, in our sole discretion, revise the Privacy Policy from time to time. If we decide to revise our Privacy Policy we will post the changes on this page.

This policy was last modified on February 7, 2011.

Contacting Us

If there are any questions regarding this Privacy Policy, you may contact us by using the information below:

http://www.fabrictherapy.com

Fabric Therapy

PO Box 9279

Aurora, IL 60598

USA