The website www.stitch.care
and its subdomains (the "Site
") and mobile application (the "App
") (Site and App are collectively referred to as the “Platform
”) is operated by Stitch Care Corp. ("Stitch
”), the terms "we
" and "our
" refer to Stitch and "you
" and "your
" mean a user of the Platform.
These Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, set out the terms and conditions on which we agree to make available and you agree to access and use the Platform and the information, content and materials on the Platform. These terms apply to all users of the Platform, so please read them carefully before accessing or using the Platform.
PLEASE NOTE: THE CONTENT ON THE PLATFORM AND THE PRODUCTS WE PROVIDE ARE NOT INTENDED TO PROVIDE MEDICAL ADVICE, OR DIAGNOSE, TREAT, OR CURE ANY DISEASE. STITCH IS NOT A PHARMACY AND DOES NOT PROVIDE MEDICAL CARE, AND WE DO NOT CONTROL OR INFLUENCE ANY MEDICAL ADVICE, TREATMENT, OR MEDICATIONS. IF YOU BELIEVE YOU MAY HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY CONTACT YOUR LOCAL PHYSICIAN OR DIAL 911.
Changes to these Terms, the Platform, and Our Products. We may change these Terms at any time in our sole discretion. All changes will be effective immediately upon posting to our Platform. Using our Platform after changes are posted constitutes your agreement with those changes. Material changes will be conspicuously posted on our Platform or otherwise communicated to you. We reserve the right to limit the quantities of any products that we offer and we reserve the right to modify or discontinue any product or service at any time. Prices for and descriptions of our products on the Platform are subject to change at any time without notice at our sole discretion.
Content. The Platform, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property of Stitch or, as applicable, its vendors or licensors. Except for the rights expressly granted to you in these Terms, Stitch reserves all rights in and to the Platform and Content, including all intellectual property rights.
You may only use the Platform and Content for your personal, non-exclusive use, so long as you comply with these Terms, all other terms posted throughout the Platform as applicable to you (if any), and all applicable laws. You may only use the Platform and the Content for their intended purposes for which they are made available to you by Stitch.
Linking to the Platform. You are prohibited from linking to the Platform on your website or elsewhere without the prior express written consent of Stitch. If Stitch grants you a right to link to the Platform, certain terms may apply, and Stitch reserves the right to revoke such consent at any time. You are responsible for any costs incurred by Stitch in enforcing its rights under this section.
Use in the United States. The Platform is intended for use in the United States only. We do not guarantee that use of the Platform will be available or permitted in any location other than the United States. If you choose to access the Platform from a location other than the United States, you do so at your own risk.
THE EXISTENCE OF THE PLATFORM, PRODUCTS, OR ANY CONTENT SHALL NOT BE CONSTRUED AS STITCH OR THE STITCH PARTIES (AS DEFINED BELOW) OFFERING SUCH PLATFORM, PRODUCTS, OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH PLATFORM, PRODUCTS, OR CONTENT IS PROHIBITED BY LAW.
Use of Marks. Stitch owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing in advance by Stitch, or as otherwise permitted in these Terms. The Platform may also contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s prior written consent.
Intellectual Property Rights. The Platform and Content (including but not limited to downloadable Content) are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Stitch or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
Creating a Stitch Account. You have the option to create and use a Stitch account made available to through the Platform (“Account”). You are responsible for all activities that occur under your Account. You are responsible for keeping your password and any other credentials or verification information used to sign-in to your Account confidential. Do not share your Account or passwords with any other person. Each person using an Account must use their own separate log-in information. Do not access or attempt to access any Account that is not yours. If you believe that your Account has been compromised, you must immediately contact us. We may disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Be careful when accessing your Account on a shared computer, public computer or over an unsecured connection because that increases the risk of fraudulent activity.
Products. We display certain Stitch products on our Platform. Products are subject to availability, may not be available for immediate delivery or may not be offered in your area. Displayed products on the Platform are not offers to you. Products are subject to change without notice at any time.
Payment and Refunds. You will pay a monthly subscription fee as determined by us in our sole discretion. All fees are quoted in U.S. dollars and payments will be facilitated through a third-party payment processing service. You authorize Stitch to charge you, through our third-party payment processing service, for all fees as they become due, and you represent and warrant that you are authorized to use any and all payment information you provide. If your payment method fails, we may collect fees owed using other collection mechanisms, including charging other payment methods on file and/or retaining a collection agency and legal counsel. Fees are non-refundable and products cannot be returned. You may cancel your subscription at any time by visiting your Account.
Restrictions on your Use of the Platform.
Except as otherwise expressly stated elsewhere in these Terms:
- You shall not copy, duplicate, reproduce, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Platform or Content without our prior written consent. Without limiting the foregoing, you shall not copy, or use a copy of, the Platform or any of its Content without our prior written consent.
- You shall not use the Platform for unlawful purposes. You shall not submit inaccurate, incomplete, or out-of-date information via the Platform, or commit fraud or falsify information in connection with your use of the Platform.
- You shall not engage in data mining or similar data gathering or extraction activities from the Platform.
- You shall not use the Platform to harvest email addresses, names or other information of the users of the Platform or to spam other users of the Platform.
- You shall not access, use, or copy any portion of the Platform or Content, including through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You shall not use the Platform to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Platform, the servers used to make the Platform available, or any other network, computers, hardware, software or systems ("Virus").
- You shall not engage in activities that aim to render the Platform inoperable or to make their use more difficult. You will not access the Platform for the purpose of engaging in competitive activities with us or our affiliates.
- You shall not: (i) use or attempt to access an Account or passwords that are not yours, (ii) misrepresent your identity in any way, (iii) intercept messages without permission, or (iv) use our computing resources beyond your authorization.
- You shall not frame, mirror or circumvent the navigational structure of any part of the Platform.
- You shall not upload, distribute, transmit, or post anything to or through the Platform that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights. You shall not engage in any conduct while using the Platform that we consider inappropriate, unauthorized, or contrary to the intended purpose of the Platform.
Social Media. Links to our social media pages may be included on the Platform ("Social Media Pages"). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual's content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
THE PLATFORM AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STITCH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. STITCH MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT CONTENT ON THE PLATFORM IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. STITCH DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE PLATFORM OR CONTENT. STITCH DOES NOT WARRANT OR GUARANTEE THAT THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE PLATFORM OR CONTENT WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT. STITCH DOES NOT WARRANT THAT THE PRODUCT PACKAGING DEPICTED ON THE PLATFORM WILL MATCH THE ACTUAL PRODUCT THAT YOU RECEIVE.
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR REPRESENTATIONS, AND IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STITCH OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS, (TOGETHER, “STITCH PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A STITCH PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE PLATFORM, CONTENT, AND OUR PRODUCTS.
WITHOUT LIMITING THE PREVIOUS PARAGRAPH, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE STITCH PARTIES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PLATFORM OR CONTENT, OR THESE TERMS, EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE STITCH PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE PLATFORM OR ANY CONTENT, (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE PLATFORM, AND (D) ANY THIRD-PARTY CLAIMS RELATING TO THE PLATFORM OR CONTENT. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION OBLIGATIONS HEREIN).
The Platform also may contain certain third-party Content. We provide third-party Content for your convenience, not as an endorsement. The presence of third-party Content does not mean that Stitch has reviewed the third-party Content or that there is any association between Stitch and any third party. Your access and use of any third-party Content is at your sole risk. Stitch has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.
Compliance with Laws. When you use the Platform, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
Children. The Platform is not directed at children under the age of eighteen (18) years old. If you are under eighteen (18) years old, you must immediately stop using the Platform.
Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Platform or Content, and we may restrict your access to the Platform, the Content or your Account. Stitch may suspend or terminate the Platform, any Content or your Account, in whole or in part, at any time in its sole discretion for any reason. Stitch is not liable to you or anyone else for any damages arising from or related to Stitch’s suspension or termination of your access to the Platform, the Content or your Account, or in the event Stitch modifies, discontinues or restricts the availability of the Platform or the Content (in whole or in part).
Platform Unavailability. Without limiting the generality of the previous section, the Platform or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
Governing Law. Unless otherwise required by applicable law, these Terms, and your access to and use of the Platform, are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Unless otherwise required by applicable law, venue is exclusively in the state or federal courts, as applicable, located in New Castle County, Delaware, and you expressly agree to the exclusive jurisdiction of those courts.
Cooperation with Law Enforcement. Stitch will cooperate with law enforcement if you are suspected of having violated applicable laws.
YOU WAIVE AND HOLD STITCH AND THE STITCH PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of Stitch’s successors and assigns.
Waiver. Stitch’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Stitch.
Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Stitch may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
Terms Applicable to New Jersey Customers. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Stitch reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
If you have any questions or concerns regarding these Terms, contact us at:
Stitch Care Corp.email@example.com
1209 Orange Street
Wilmington, Delaware 19801QB\84376840.1