MY CRAFTY PERSONALITY

TERMS OF USE OF WEBSITE

ALL RIGHTS RESERVED

Last Modified: April 1, 2020

Welcome to the website of My Crafty Personality LLC (“My Crafty Personality”, “we” or “us”).  These Terms of Terms, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of our website at www.mycraftypersonality.com, or any of its sub- or micro-sites, including any content, functionality and services offered on or through such website (collectively, the “Website”), together with as other online channels and social media, including but not limited to Facebook, Instagram, Pinterest, Twitter and LinkedIn (collectively, the “Social Media, and together with the Website, the “Sites”) whether as a guest or a registered user.  Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://mycraftypersonality.com/privacy-policy/, incorporated herein by reference, and that you have the authority to be bound by these Terms of Use, for yourself and/or the company for which you are an employee or agent.  If you do not want to agree to these Terms of Use or the Privacy Policy, you are prohibited from accessing or using the Website.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with My Crafty Personality.

  1. OWNERSHIP.  The Website, and each of its components, is the copyrighted property of My Crafty Personality, and its affiliates, various third-party providers and distributors.  Portions of the content found on the Website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers.  None of the content or data found on the Website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of My Crafty Personality and its third-party providers and distributors.  In addition, the trademarks, logos and service marks displayed on the Sites (collectively, the “Trademarks”) are the registered and common-law trademarks of My Crafty Personality, its affiliates, and various third parties.  Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of My Crafty Personality or such other party that may own the Trademark. 
  2. USE OF THE WEBSITE.  You may only use the Website to browse the content, make inquiries to My Crafty Personality, order My Crafty Personality products and not for any other purposes.  The Website and the content provided within the Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of My Crafty Personality, except that you may download, display and print one copy of the materials presented on the Website on a single computer for your personal, non-commercial use only.  “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing.  Unauthorized use of the Website and the materials contained therein may violate applicable copyright, trademark or other intellectual property laws or other laws.  You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials.  The use of such materials on any other website or in any environment of networked computers is prohibited.  You may share links from the Website with others or post them on social media sites, however, you are prohibited from posting to or transmitting from the Website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  My Crafty Personality provides links from the Website to other websites for your information and convenience.  My Crafty Personality does not assume any responsibility or liability with respect to any website linked from the Website (or any website linking to the Website), including its content and operation.  My Crafty Personality does not review or monitor such links.  Except for links available through the “store locator” function, a link from the Website to another website (or a link from another website to the Website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website.  While the Website may contain “links” to other websites, we are not responsible for the content or the privacy practices employed by other websites.  You may not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of My Crafty Personality (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Website).
  3. AGE AND RESPONSIBILITY.  You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur because of the use of the Website. 
  4. PRIVACY.  You represent that you have read the Privacy Policy (https://mycraftypersonality.com/privacy-policy/), the terms of which are incorporated herein, and that the terms of such policy are reasonable.  You consent to the use of any information submitted to My Crafty Personality and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. 
  5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS.  Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.  THESE MAY SUPERSEDE THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY.
  6. PASSWORDS.  When you order you will be given the opportunity to create and account.  In that regard, you will be permitted to create your own username and passwords (“Access Codes”).  Thereafter, you may utilize those Access Codes to obtain access to your account.  You will be responsible for any activities conducted using your Access Codes.
  7. EXCLUSION OF WARRANTY.  MY CRAFTY PERSONALITY AND ANY OF ITS THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THE SITES OR ANY MATERIALS PROVIDED ON THE SITES, ALL OF WHICH ARE PROVIDED ON AN “AS-IS” “WHERE-IS”  BASIS.  MY CRAFTY PERSONALITY AND ANY OF ITS THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THE WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS.  MY CRAFTY PERSONALITY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THE WEBSITE OR THE MY CRAFTY PERSONALITY COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITES AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  Although we strive to provide on the Website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Website.  Each person assumes full responsibility and all risks arising from use of the Sites or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays.  The information is presented “AS-IS” “WHERE-IS” and may include technical inaccuracies or typographical errors.  My Crafty Personality may make additions, deletions, or modifications to the Sites at any time without any prior notification.
  8. LIMITATION OF LIABILITY.  MY CRAFTY PERSONALITY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITES.  IN NO EVENT SHALL MY CRAFTY PERSONALITY OR ANY OF ITS THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THE WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY MY CRAFTY PERSONALITY OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.  MY CRAFTY PERSONALITY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO YOU REGARDING THE SITES, INCLUDING WITHOUT LIMITATION WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE SITES, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SITES, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SITES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER.  MY CRAFTY PERSONALITY NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS DISPLAYED ON THE SITES WILL NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH MY CRAFTY PERSONALITY.  THE SITES INCLUDING ALL CONTENT ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION TO ACCESS AND THAT USE THE SITES IN THE UNITED STATES. UNDER NO CIRCUMSTANCES SHALL THE MY CRAFTY PERSONALITY PARTIES (defined hereafter) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THE SITES OR THESE TERMS OF USE.  SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE CUMULATIVE REMEDY FOR ANY CLAIMS OR DISPUTES RELATING TO THE MY CRAFTY PERSONALITY PARTIES OR THE SITES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). My Crafty Personality makes no representation that images on this Website are accurate or available; images on this Website may not reflect My Crafty Personality’s actual products or services.  In the event of a mistake, error, or other inadvertent communication or incorrect information, whether caused by you, printing, typographical or other errors or by any of the equipment or programming associated with or utilized by the My Crafty Personality Parties, we have no responsibility to honor inaccurately disclosed or described fees, rates, or other information.  My Crafty Personality shall not be liable for any delay or failure to communicate resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials, and is not responsible for site unavailability or technical failure of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software.   
  9. INDEMNIFICATION AND RELEASE.  YOU HEREBY AGREE TO RELEASE EACH OF MY CRAFTY PERSONALITY, AND ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, LICENSORS, PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, ADVERTISING/PROMOTION AGENCIES, AND ALL THIRD PARTIES TO WHOM MY CRAFTY PERSONALITY HAS LICENSED OR ASSIGNED ANY OF THE RIGHTS OBTAINED THROUGH THESE TERMS OF USE, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “MY CRAFTY PERSONALITY PARTIES” AND EACH, A “MY CRAFTY PERSONALITY PARTY”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS, SUITS, PENALTIES, FINES, LOSSES OR DAMAGES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF: (A) THE USE OF THE SITES, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY; AND (B) ANY AND ALL CLAIMS  WHICH YOU MAY OR CAN HAVE IN CONNECTION WITH IDEA SUBMISSIONS, YOUR SUBMISSIONS, INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY FOR ANY USE OR NONUSE OF IDEA SUBMISSIONS, YOUR SUBMISSIONS OR OTHER CONTENT, CLAIMS FOR DEFAMATION, LIBEL, SLANDER, INVASION OF PRIVACY, RIGHT OF PUBLICITY, DIRECT OR INDIRECT TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, DIRECT OR INDIRECT PATENT INFRINGEMENT, DIRECT OR INDIRECT COPYRIGHT INFRINGEMENT, PSYCHOLOGICAL HARM, EMOTIONAL DISTRESS OR ECONOMIC LOSS. EACH OF THE MY CRAFTY PERSONALITY GRANTEES HAVE THE RIGHT TO ASSIGN, TRANSFER, CONVEY, LICENSE, SUBLICENSE AND OTHERWISE TRANSFER, SUBCONTRACT, DELEGATE, OUTSOURCE OR ENGAGE THIRD PARTIES TO PERFORM OR BENEFIT FROM ALL OR ANY PORTION OF ITS OR THEIR RIGHTS AND/OR OBLIGATIONS TO ANY ONE OR MORE OTHER PARTIES, WITHOUT ACCOUNTING, REPORTING, OR NOTIFYING YOU OR ANY OTHER OBLIGATION OR LIABILITY TO YOU WHATSOEVER, NOW OR IN THE FUTURE. YOU ALSO FOREVER WAIVE AND RELINQUISH ALL MORAL RIGHTS OR DROIT MORAL NOW OR HEREAFTER RECOGNIZED IN CONNECTION WITH YOUR SUBMISSION AND THE RIGHTS GRANTED TO THE MY CRAFTY PERSONALITY GRANTEES. YOU HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE MY CRAFTY PERSONALITY PARTIES FROM AND AGAINST ANY CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES INCURRED IN RESPONDING TO SUCH CLAIMS, ASSERTED BY ANY PERSON OR THIRD PARTY, ARISING OUT OF OR RELATING TO: (A) THESE TERMS OF USE AND/OR ANY BREACH OF THEM BY YOU; (B) ANY AND ALL OF YOUR SUBMISSIONS OR IDEA SUBMISSIONS, INCLUDING ANY CLAIMS BY ANY THIRD PARTY THAT SAID SUBMISSIONS BY YOU CONSTITUTE TRADEMARK, PATENT OR COPYRIGHT INFRINGEMENT; (C) YOUR USE OF THE SITES, INCLUDING, WITHOUT LIMITATION ANY DATA, CONTENT, OR WORK TRANSMITTED OR RECEIVED BY YOU IN CONNECTION THEREWITH; (D) ANY UNACCEPTABLE OR OBJECTIONABLE USE OF THE SITES, AS WE DETERMINE AT OUR SOLE DISCRETION; AND (E) ANY NEGLIGENT OR WILLFUL MISCONDUCT BY YOU.
  10. SUBMISSIONS.  “Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to My Crafty Personality regarding the products or services of My Crafty Personality.  Submissions will not be confidential and will become the property of My Crafty Personality upon submission to My Crafty Personality.  By providing any Submissions, you agree to assign to My Crafty Personality, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions.  You represent and warrant that any Submission you provide to My Crafty Personality will be complete and accurate.  You acknowledge that you are responsible for the Submissions that you provide, and that you, not My Crafty Personality, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Except as expressly stated and agreed upon in advance by My Crafty Personality, no confidential relationship shall be established if any user of the Sites should make any oral, written or electronic communication to My Crafty Personality (such as feedback, questions, comments, suggestions, ideas, etc.).  If any My Crafty Personality website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), My Crafty Personality shall obtain, use and maintain it in a manner consistent with our Privacy Policy (https://mycraftypersonality.com/privacy-policy/).  Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and My Crafty Personality shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.  The sender of any information to My Crafty Personality is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights. 
  11. PRODUCT AND SERVICE AVAILABILITY.  Reference to any product or service on the Website constitutes an offer to sell or supply that product or service and does not mean that the product or service is available when you order it.  My Crafty Personality manages all or portions of the Sites in the United States of America.  My Crafty Personality does not imply that the materials offered or supplied through the Website are appropriate or available for use outside of the United States and we will not be able to fill your order if you require shipping outside of the United States.  We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day.  In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed.  If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged. 
  12. COLORS.  My Crafty Personality attempts to display the colors of our products as accurately as possible.  Nevertheless, as the actual colors you see will depend on your monitor.  We cannot guarantee that your monitor’s display of any color will be accurate.
  13. BACKORDERS (OUT OF STOCK).  Backordered merchandise includes items that are not currently in stock.  In most cases, these items are on order from our manufacturing facilities or suppliers.  In some cases, we are researching or waiting for stock information from one or more of our suppliers.  We will notify you if a backorder situation exists.
  14. PRICES AND AVAILABILITY.  PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.  The listing, description of, or reference to, a product or service on the Website does not imply that the product or service is presently available.  If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price
  15. ORDER ACCEPTANCE.  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all.  We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.  We may require additional verifications or information before accepting any order.
  16. PAYMENT.  You are responsible for any payments due for any products or services ordered through your account.  You shall also be responsible for any costs of collection for overdue payments.
  17. SALES TAX.  Sales tax charges are based on state and local tax laws and tax rates for the delivery address of your order.  Where required, tax will also be applied to the shipping and handling charges.  If you return an item for a refund, you will also receive a refund for the taxes you paid for that item.  You will not receive a refund for the taxes you paid on the shipping and handling of that item, as the shipping and handling charges are nonrefundable once an item has been shipped.  Please note that on-screen order totals reflect estimated tax.  The actual charge to your credit card will reflect all applicable taxes calculated at the time your order is shipped.
  18. RETURN POLICY. My Crafty Personality’s thirty (30)- day money-back return policy applies to all unopened products purchased via the Website.  If you are unsatisfied with your purchase within thirty (30)- days of receiving it, you can return your unopened goods for a full refund (not including expedited shipping costs).  Misused, damaged, missing or broken items are not eligible for a refund.  To initiate a return, you must receive a return authorization (“RMA”) from our customer service team.  Please contact a customer service representative at 786-474-6223 or via email at [email protected] to initiate a return.  Upon receipt of qualifying returns and a subsequent reasonable examination of the returned products, your refund for unopened items will be authorized.  Refunds will normally be credited to the same account debited during the purchase.  It can take up to a week for a refund to be processed and cleared, depending on your bank.  If you do not see the funds available in your account after a week, please feel free to contact us.  All issues with devices, cartridges, and capsules purchased through a retailer must be addressed with the retailer based on the individual retailer’s return policy. My Crafty Personality may change the terms of the Return Policy without any prior notice and at its sole discretion.
  19. REGISTRATION AND SECURITY.  By entering the Website you have confirm that you are of legal age in the state in which you reside.  If you wish to purchase any products or use certain services on the Website, you must provide certain minimum the required information to us.  By entering any information on the Sites, you represent and warrant that: (i) you are using your actual identity; (ii) you have provided only true, accurate, current and complete information; and (iii) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.  Additionally, you will maintain the strict confidentiality of your account and any Access Codes that you have chosen.  Remember that you are responsible for all activity that occurs under your account or Access Codes.  We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.  We will use all information provided to us in accordance with our Privacy Policy. https://mycraftypersonality.com/privacy-policy/ If you want to cancel your Access Codes, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify us immediately through this link.  We may delete or change any Access Code at any time and for any reason.
  20. RELATIONSHIP.  Your use of the Sites is independent of My Crafty Personality and not as an employee, agent, partner, or joint venturer with My Crafty Personality for any purpose. 
  21. ARBITRATION; GOVERNING LAW; NO CLASS CLAIMS; TIMELY FILING OF CLAIMS.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WILL RESOLVE ANY DISPUTES BETWEEN THEM THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION.  YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED.   Any controversy or claim arising out of or relating to these Terms of Use or a breach thereof, with the exception of any injunctive or equitable relief sought by us for any violation of these Terms of Use, shall be submitted to binding arbitration in Miami, Florida in accordance with the rules and procedures of the [American Arbitration Association (“AAA”)], with the exception of any conflicts-of-law provisions and subject to the modifications which follow. Any judgment on the awards granted by the arbitrator may be entered in a court having competent jurisdiction thereon.  Any such arbitration will be held before a single arbitrator; except that, if the amount of damages claimed exceeds $750,000, then the Parties shall use three arbitrators.  Unless otherwise agreed by the parties in writing, the arbitrator(s) will only permit limited discovery: specifically, discovery will be limited to document discovery completed within thirty (30) days after the arbitrator(s) issue(s) the scheduling order; no deposition discovery will be permitted, and no forensic examination of electronic records will be permitted.  The parties may agree to waive the arbitration hearing, and have the arbitrator(s) decide the controversy or claim summarily based upon written pleadings and sworn statements.  If the parties agree to waive the arbitration hearing, such agreement will be in writing.  Unless otherwise agreed by the parties in writing, any final arbitration hearing will occur within ninety (90) days of submitting party’s submission of the demand for arbitration, and unless the parties agree otherwise in writing, the hearing will not exceed three (3) days.  The arbitrator(s) will issue any ruling within fourteen (14) days following the hearing. The arbitrator(s) will be jointly chosen from American Arbitration Association’s arbitrators knowledgeable in the law surrounding My Crafty Personality’s industry and if the parties cannot agree within fourteen (14) days after the arbitration is requested, the arbitrator(s) will be chosen by American Arbitration Association according to its rules. These Terms of Use are made in, and shall be governed by, the laws of Florida excluding its conflicts-of-law provisions. If, for any reason, the arbitration provision shall be found to be invalid or unenforceable in any respect, or the parties will initiate equitable proceedings, all actions, claims, or disputes arising under or relating to these Terms of Use shall be brought exclusively in the federal or state courts of Miami, Florida.  You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Miami, Florida.  The parties hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Miami, Florida and to the venue of any such suit, action, or proceeding brought in any federal or state court in Miami, Florida. The parties waive trial by jury in any action, proceeding or counterclaim brought by or against My Crafty Personality on any matter whatsoever arising out of, relating to, or in any way connected with these Terms of Use. NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or we may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision.  YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST MY CRAFTY PERSONALITY OR THE MY CRAFTY PERSONALITY PARTIES WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE SITES OR THESE TERMS OF USE MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN OR IT WILL BE FOREVER BARRED.
  22. ASSIGNMENT.  You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
  23. MODIFICATION.  My Crafty Personality may at any time modify these Terms of Use in our discretion without notice.  Your use of the Website will be conditioned upon the Terms of Use posted on the Website at the time of your use.  Please be sure to review our Privacy Policy https://mycraftypersonality.com/privacy-policy/as well before proceeding to use the Website.  However, any changes to the dispute resolution provisions set forth in Section 22 will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.  Your continued use of the Websites following the posting of revised Terms of Use or Privacy Policy means that you accept to the changes. You are expected to check the Terms of Use and Privacy Policy https://mycraftypersonality.com/privacy-policy/each time you access this Website so you are aware of any changes, as they are binding on you. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
  24. ADDITIONAL TERMS.  Additional terms and use may apply to purchases of goods and services and other uses of portions of the Sites, and you will abide by such other terms and use which are posted on the Sites in connection with the purchases of those goods and service or other uses of portions of the Sites.
  25. SEVERABILITY.  These terms and use are severable.  If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  26. HEADINGS.  The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
  27. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.  My Crafty Personality respects the intellectual property rights of others, and requires that the people who use the Website do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to My Crafty Personality:
    • Your address, telephone number, and email address;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the alleged infringing material is located;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
    • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
  28. ENTIRE AGREEMENT.  These terms and use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Website.

HOW TO CONTACT US.  If you have any comments or questions, please do not hesitate to contact us through this link. or you may submit your questions at  [email protected].