Last updated: July 31, 2024
Kimberbell Terms & Conditions
The following Terms & Conditions (“Terms“) govern your use of our websites, microsites, and mobile versions of these websites that expressly adopt or display or link to these Terms (collectively, the “Website“), the products we provide to you (“Products”), and any services available through the Website, including without limitation our blog and podcast (the “Services”). Kimberbell Kids LLC dba Kimberbell Designs (“Company,” “we,” “us,” or “our“) provides the Website, Products, and Services to you under these Terms. In these Terms, we use the term “you” or “your” to mean you as an individual. We may discontinue or change any of the features or functionalities of the Website at any time and without notice to you.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND RESPONSIBILITIES. THESE TERMS REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES WITH COMPANY. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW CAREFULLY.
BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THE WEBSITE, OR BY MAKING PURCHASES ON OR THROUGH THE WEBSITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS, BROWSE, USE, OR MAKE PURCHASES ON THE WEBSITE.
1. Our Products and Services.
Our Company offers certain design files and craft products for your purchase, including the materials you need for embroidery, quilting, and sewing projects, through our platforms, including our Website, and through interactions by telephone, email, or other media. Our Website allows you to create an account (“Account”) through which you may place orders, track shipments, store and access electronic files from purchases you make (such as instructions, machine embroidery design files, and videos), update your information, and modify your subscriptions. Accounts are only available to persons age 18 and older. Only one (1) Account is permitted per person, per email address.
2. User Information; Usage Rules; Changes to these Terms.
Any personal or personally identifying information provided by you through your use of the Website or your Account or in your communications with us will be collected and used consistent with our Privacy Policy, and, by using the Website or otherwise providing information to us, you accept the terms and conditions of the Privacy Policy, which is incorporated herein by reference.
We may send you notices or communications electronically, either via the Website or by email.
We may modify these Terms at any time, including, but not limited to, if we offer and you accept the download of any new features or Updates (as defined below) for the Website. Each time you access and use the Website, you signify your acceptance of and agreement to the then-current Terms. We may, but are not required to, separately inform you of changes to these Terms.
Your use of the Website or Services on your computer, mobile device, tablet, or other device (your “Device“) is subject to certain applicable third parties’ policies, terms and conditions, requirements, and usage rules, including but not limited to your mobile carrier rules (collectively, the “Usage Rules“), which you agree are, to the extent the foregoing are applicable, binding on you. You must use the Website in strict compliance with all applicable laws, rules, and regulations.
3. Eligibility.
Our Website, Products, and Services are not targeted toward or intended for use by anyone under the age of 18. By using our Website or creating an Account, you represent and warrant that you: (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Website, (c) have not engaged in any activity that could result in suspension or removal from our Website, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
4. Terms of Sale.
4.1 Order and Acceptance: Each part of an order that you submit to us constitutes an offer to make a purchase. If you have placed your order through our Website, then, after we receive your order, you will receive an email from us confirming receipt of your order. If you do not receive an email from us confirming receipt of an order that you place, please contact us at the contact information provided below before you attempt to resubmit the same order. Please note that our confirmation of receipt of your order does not equate our acceptance of your order. We are not deemed to have accepted any part of your order until the requested item(s) have been shipped and we have sent you a shipment confirmation email. If we reject your order due to an error in pricing and/or other information, then we will notify you at the email address that you have provided. Although it is unlikely that we would refuse to accept an order, we reserve the right to deny any order for any reason. We further reserve the right to cancel all or part of an order at any time for any reason, in our discretion, and will refund any corresponding amount already paid by you if we decide to cancel all or part of an order. We will notify you of any such cancellation and amount refunded.
4.2 Responsibility for Errors: Our Website may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice to you. Corrections or updates may occur after you have submitted an order. In that event, we will attempt to contact you with the correct information before processing your order. If an item is listed on our Website at an incorrect price or with incorrect information, then at our sole discretion we reserve the right: (1) to refuse orders for that item, (2) to contact you for instructions, or (3) cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from our Website. We apologize for any inconvenience that this may cause you.
4.3 Kimberbell Digital Library Items: Any electronic files you’ve received as part of a subscription or purchase will remain in your Kimberbell Digital Library.
4.4 Payment and Billing Information: By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your Account, you can do so at any time by logging into your Account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription, or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
4.5 Pricing and Availability: All prices are shown in U.S. dollars and do not include any applicable taxes and other charges due in connection with an order. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the pricing amounts or other charges associated with your subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of Products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth above prior to shipment.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain Products, and to substitute Products without prior notice. We strive to provide you with the Products your select, but may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at [email protected].
4.6 Taxes: We will collect applicable sales tax on Products shipped to all jurisdictions for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates. We will not be able to notify you of changes in any applicable taxes.
4.7 Shipping Policy: We will ship products to the address you provide to us within five (5) days of billing your designated payment method. Shipping rates vary based on location and subscription type. We work hard to ship orders efficiently and in a timely manner. We will not hold product orders, if available to ship. When we receive additional orders before a previous order has shipped, we may combine the orders into one shipment to save on costs as well as simplify packaging and tracking.
4.8 Deliveries: You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your order is not feasible, we may cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.
4.9 Angel Policy: Purchasers of our Products are permitted to sell completed projects on a limited basis. Projects created for the purpose of sale must be made by the purchaser of the Product and should befit our standard of quality and good taste. Completed projects may be sold at retail boutiques and craft fairs, or over the internet. We limit the number of items made for resale at 200 from a single design or pattern. Mass production or use of paid workers to make any Company design for resale is prohibited.
Our logo may not be used in a manner which might lead consumers to believe the item was made directly by us. Persons participating in this Angel Policy assume all liability for their work and agree to full responsibility if disputes arise from their work.
We may amend this Angel Policy governing the use of our copyrighted designs and instructions at any time. Any amendment to this policy becomes effective upon publication.
4.10 Third-Party Reselling of Company Products: You are not permitted to sell the products purchased from Company to Amazon, on Amazon, or to any unauthorized third-party resellers who may resell on Amazon. We reserve the right to restrict the sale of our Products on other third-party reselling sites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we 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 use of or reliance on any such content, goods or services available on or through any such websites or services.
4.11 Wholesale Refund and Return Policy:
Regular Product: Products eligible for return must remain unopened, unstickered, unused, unmarked, and undamaged. Returns can be initiated within 30 days of the original purchase date. Please contact your relationship manager to start the return process and to obtain an RMA for your return. Once product has been received in our warehouse, you will be refunded via the payment method you used for the purchase.
Distributor: If the product was purchased from a distributor, please contact the distributor for their return policy.
Defective Product: If you receive a defective product, please notify us within 48 hours of receiving your order. We will replace the product, or a credit will be given.
Shop Responsibility: As part of our commitment to fostering strong customer relationships, it is the responsibility of retailers to manage customer returns for Kimberbell products. This policy aims to facilitate prompt and efficient service for your customers. Should you require further assistance, please contact your Relationship Manager.
In the case of damaged or defective products, it may be possible for Kimberbell to ship a replacement product directly to your customer when you process their return. Please contact your relationship manager to facilitate this arrangement.
Order Cancellations: There will be a $20 charge for any orders that are canceled after they have shipped.
Certified Event Kits Returns: Unopened and undamaged Attendee Project kits may be returned for a full refund after the card on file has been charged (up to 14 calendar days after the last day of your event.)
Attendee Project Kits received 15 or more calendar days after the last day of the event will be charged a 25% stocking fee based (on the total amount of kits returned). You are responsible for shipping costs.
No returns will be accepted 45 calendar days after the last day of the event. Kits returned after 45 calendar days will be returned to the shop and your card on file will be charged the return shipping fees.
Retired Certified Event Kits may not be returned.
4.12 End Consumer Refund & Return Policy
Physical product: If you are unsatisfied with your purchase, product may be returned within 14 days of receipt of purchase. The product must be unopened and undamaged and its original packaging.
If your order arrives with damaged contents, we will replace the damaged item(s). If a replacement cannot be provided, we will issue a refund for the specific item(s). Please note that the entire box will not be replaced unless everything is damaged. A photo confirmation is required. Please do not dispose of packaging, as it may be required in order to file a claim. Damage to the shipping box alone does not qualify for a refund.
Please contact customer care at 435.915.6741 to obtain an RMA number to include with your return. Once a product has been received in our warehouse, you will be refunded via the payment method you used for the purchase. Please allow 7 to 10 business days to be credited to your account.
Please put items in their original packaging and send to the following address:
Kimberbell
2442 Wolfpack Way
North Logan, UT 84341
You are responsible for the cost and risk of returning products to us. We cannot be held responsible for goods damaged or lost in return shipment. We are unable to issue a refund without receiving the goods or proof of a return delivery.
International Purchases are not eligible for returns.
We cannot accommodate requests for refunds or exchanges on purchases made at retailers outside of Kimberbell.com, including event kits. We value our relationships with our retail partners and have confidence in their customer support teams to address and resolve any issues. For any inquiries, concerns, or assistance related to products purchased outside of Kimberbell.com, we ask that you reach out directly to the customer support of your retail shop. This includes certified event kits. Your shop will be best positioned to provide the necessary support and find a suitable solution for your needs.
4.13 Amazon Refund & Return Policy
Purchases made through Amazon will go through Amazon’s return process. Please contact Amazon for return assistance.
If your box is missing an item, we will attempt to replace it. If we cannot replace the missing item, we will issue a refund in USD for that specific item. Please note that the entire box will not be replaced.
4.14 Distributor Refund & Return Policy
Returns will be accepted with pre-authorization of unopened, unused, unmarked, OR undamaged product that is in its original packaging and currently stocked, within 90 days of purchase. Kimberbell will issue a Return Merchandise Authorization (RMA) and a 15% restocking fee will be charged on all returned products. Authorized merchandise must be shipped back to Kimberbell within 10 business days after approval with authorized RMA number on label. Once authorized merchandise has been received, a credit will be issued to the original open purchase order.
Defective Product: If you receive a defective product, please notify us within 14 days of receiving your order. We will replace the product, or a credit will be given. Please include images of the damaged product.
Shipping Damages: Upon receipt of Kimberbell product, please inventory order for accuracy and potential damage. In the event there is damaged, or missing items, please take a photo and contact Kimberbell Customer Care at 435.932.6741 or email us at [email protected] within 14 days of receipt. Photos and order number may be requested so a claim may be filled if necessary. If the box is damaged upon delivery (please refuse). If that is not an option, please take pictures upon delivery of the condition of the box before opening it as well as the condition of the contents inside the box (this information is always requested by the shipping carrier). Please do not dispose of any damaged boxes which can be requested as part of the claim’s investigation.
Canceling/Changing Your Order: Please contact us to see if your order has started to be processed. In the event that it has not been started, we will be more than happy to make changes to your order within 24 hours of the order being placed. If the order has already been processed a 15% fee will be charged on all canceled orders. Orders canceled or refused after being shipped will be assessed a 15% restocking charge in addition to all freight.
Shipped by Kimberbell in Error: Items shipped by Kimberbell in error will be given full credit upon arrival back to Kimberbell via pre-paid shipping label.
5. Ownership.
All Website content, including without limitation, all text, design, graphics, audio, video, music, icons, images, hyperlinks, services, displays, products, HTML code and scripts (collectively, the “Website Content“), and the collection, arrangement and assembly of the Website Content, is the property of Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. laws and treaties. You are granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of Company. Company reserves all rights not expressly granted in and to the Website and its content. Your rights to use the Website are specified or referenced herein, and we retain and reserve all rights not expressly granted to you.
All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to Company or other respective owners that have granted Company the right and license to use such marks. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website.
6. Scope of License.
Subject to these Terms, we grant you a personal, limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to use the Website for personal, non-commercial purposes only on any Device that you, as the end-user, own or control and as or to the extent permitted by the Usage Rules.
The above license will govern any Updates provided by us that replace and/or supplement the original Website, unless such Update is accompanied by separate Terms, in which case the terms and conditions of those Terms will govern.
7. Restrictions.
You may not: (a) access or attempt to access the Website by any means other than through the interface provided by us; (b) make any copies of the Website other than the copy that you need to operate the Website on your Devices; (c) modify or create any derivative works of the Website; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Website, or in any way ascertain, decipher, or obtain the communications protocols for accessing our networks; (e) use the Website to develop software or services that access the address space of the Website or that intercept the proxy; (f) attempt to gain unauthorized access to any of our or our suppliers’, licensors’, or distributors’ services, accounts, computer systems, or networks associated with the Website; (g) resell, lease, sublicense, or otherwise attempt to transfer rights to the Website; (h) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Website; (i) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute a part of the Website; (j) use any of our Services associated with the Website in any manner that could damage, disable, overburden, or impair such Services or interfere with any other party’s use and enjoyment of them; (k) use the Website in any way that violates these Terms or any law; (l) use the Website in any way that violates the rights of any third party; (m) use the Website in any way to transmit, directly or indirectly, any unsolicited bulk communications (such as e-mails, voice, photos, video, chat, or instant messages); or (n) assist any third party to do any of the acts described in this paragraph.
We may take any actions or apply any technical remedies to prevent unsolicited bulk communications, viruses, or other harmful code from entering, utilizing, or remaining within our computer or communications networks.
8. User Content.
You alone are responsible for any communication, message, or other content that you post, upload, submit, transmit, or share with Company on the Website or through our Services, including without limitation any data, questions, comments, ideas, information, materials, concepts, know-how, techniques, suggestions or the like (collectively “User Content“). By transmitting or posting any User Content, you represent and warrant that such User Content is your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any applicable laws. Company does not endorse or sponsor any such User Content submitted by you or other users of the Website. We reserve the right to terminate and/or deny you access to the Website if we determine, in our sole discretion, that you are violating these Terms, or applicable law, rule, regulation or order, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.
Subject to the terms and conditions set forth in our Privacy Policy, all User Content will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit, or share any User Content you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution.
You hereby grant to Company and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Content to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivative works based upon such User Content in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Content to the Website and have all relevant licenses and consents from any relevant third parties. Further, Company and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products.
You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, 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 would otherwise violate the law. You are also prohibited from posting or transmitting any fake news or other deceptive content. Company will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
We may, but are not obligated to, monitor or review any User Content. We shall have no obligation to use, return, review, or respond to any User Content. We will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You may notify Company of any objectionable User Content. We retain the right to remove any or all User Content in our sole discretion. We further reserve the right to remove any User Content and terminate your account if you publish fake news or other deceptive online content.
9. Access.
You must obtain at your own expense the equipment, means, Device, and services to access the Website. We do not guarantee that the Website will work with all wireless service plans, at all times, or in all geographic locations. When you use the Website, you may incur certain charges from your wireless carrier according to the terms and conditions of your carrier agreement, including without limitation, fees for data, wireless access, and message services. Please check with your carrier to verify whether there are any such fees that may apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS OR USE THE WEBSITE THROUGH YOUR WIRELESS DEVICE AND FOR BEING IN COMPLIANCE WITH YOUR CARRIER AGREEMENT.
10. Responsibilities; Passwords.
You are solely responsible for your use of the Website, the use of your Account by others, or any breach of your obligations under these Terms. You are responsible for all consequences of activities on your Account, including the consequences that may occur if others obtain access to your Account. You shall maintain as personal and confidential the unique user identification and/or password used by you to gain access to your Account. It is your sole responsibility to protect your user identification and password from unauthorized use, and you will be responsible and liable for any unauthorized use of your user identification or password.
11. Links.
The Website may include links to third-party sites not operated by us. These links are provided for your convenience and in no way signify any endorsement of any such sites or the content thereof. Access to any such linked site is at your own risk, and we will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused by or in connection with any use of or reliance on such content, or any goods or services, available on or through such sites.
12. Consent to Use of Data.
You agree that we may collect and use technical data and related information, including but not limited to technical information about your Device, system and application software, and peripherals, that is gathered, for example, periodically to facilitate the provision of software Updates, product support, and other services to you (if any) related to the Website. We may use this information, in accordance with our Privacy Policy, to improve our Services or to provide Services or technologies to you.
13. Updates.
You understand and agree that we may, but are not required to, update the Website from time to time for patches, content changes, new functionality, fixes, new versions, and other types of updates (collectively, “Updates“). By using the Website, you consent to such Updates.
14. No Support or Update Obligations.
Except to the extent as may be required by Usage Rules, you agree that you are not entitled to any support, telephone assistance, corrections, Updates, upgrades, bug fixes, and/or enhancements of the Website from us or our distributors.
15. No Warranty.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE, PRODUCTS, OR SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, PRODUCTS, AND SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN, THE PRODUCTS AVAILABLE THROUGH, OR SERVICES PERFORMED OR PROVIDED BY, THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE, PRODUCTS, OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO, TO THAT EXTENT, THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitations of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR LICENSORS, OR OUR CONTRACTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, OR LOSS OF DATA, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF OR RELATED TO USE OR MISUSE OF THE WEBSITE, OUR PRODUCTS, OR OUR SERVICES; INABILITY TO ACCESS OR USE THE WEBSITE; ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; OR ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, US VIA THE WEBSITE. In no event shall our total liability to you for all damages exceed $150.00. The foregoing limitations will apply even if any stated remedy fails of its essential purpose. In some jurisdictions, certain limitations of liability are not permitted, and, to that extent, such limitations on liability may not apply to you.
17. Indemnification.
You agree to indemnify, defend, and hold harmless us and our employees, contractors, officers, and directors from and against any and all claims, suits, demands, actions, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) that arise from your use or misuse of the Website, our Products, or our Services, or your breach or violation of any of the terms and conditions referenced herein or the law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and defense by you, in which event you will cooperate with us in asserting any available defenses.
18. Import / Export Control.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country or a country for which there is a unilateral embargo; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
19. Injunctive Relief.
You agree that your breach or threatened breach of these Terms will cause us irreparable injury for which recovery of monetary damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under these Terms in addition to any and all other remedies available to us at law or in equity.
20. Governing Law; Jurisdiction.
These Terms are governed by the laws of the State of Utah and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. Subject to the below Dispute Resolution provisions and for any disputes not otherwise subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts situated in or for North Logan, Utah, USA, for purposes of any legal action arising out of or related to these Terms or use of the Website, Products, or Services.
21. Dispute Resolution.
PLEASE READ THIS SECTION CAREFULLY. YOU AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute, or you waive the right to pursue any claim based upon such event, facts, or dispute.
Any civil action, claim, dispute, or proceeding arising out of or relating to these Terms or access to or use of the Website, Products and/or Services will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court (except as provided in Section 19). Except as provided in Section 19, the arbitrator – and not any federal, state, or local court or agency – will have exclusive authority to resolve any dispute arising out of these Terms or access to or use of the Website, Products, and/or Services and to arbitrate any part of these Terms, including any claim that all or any part of this section or these Terms are void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA“) exclusively in North Logan, Utah, under the AAA’s rules and procedures, as modified by this section and conducted in the English language. The AAA’s rules and a form for initiating arbitration proceedings are available at www.adr.org.
You and we will select the arbitrator, and, if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined by the arbitrator.
Agreement to these Terms constitutes an agreement to pursue your claim on an individual basis and a waiver of the ability to pursue your claim in a class or representative action (or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public). If a dispute is arbitrated, you give up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Utah, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record in or for North Logan, Utah.
If you do not wish to be bound by arbitration and waive your rights to participate in a class action, you must notify us in writing within thirty (30) days of the date that you first access the Website or create an Account and include: (i) your name, (ii) your account number (if any), (iii) your mailing address, and (iv) a statement that you do not wish to resolve disputes with us through arbitration. You must send your notice to us at: [email protected]. If you do not notify us, you agree to be bound by the arbitration provisions and the class-action waiver provisions herein.
22. General.
These Terms constitute a legal agreement between you and us regarding their subject matter. Section headings are for convenience and do not define or limit the scope or intent of such sections. Please note that any content you post to social media platforms is subject to the data handling practices of each social media platform, as described in their respective terms of use and privacy policy, which you should read before posting content. If any part of these Terms are held invalid or unenforceable, the remaining portions remain in full force and effect, or we may at our option terminate these Terms. The controlling language of these Terms is English. If you have received a translation into another language, it has been provided for your convenience only. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. These Terms constitute the entire agreement of the parties with regard to the subject matter hereof, and supersede all previous written or oral representations, agreements, and understandings between the parties, whether express or implied. You may not assign or otherwise transfer by operation of law or otherwise these Terms or any rights or obligations herein. We may assign these Terms to any entity in our sole discretion and without notice to you. These Terms shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance, or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
23. Legal Notice for New Jersey Residents.
Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Company’s liability for any loss or damage is not applicable to New Jersey residents to the extent Company was negligent or has breached its obligations; (2) the provisions concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provisions concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms.
24. Contact Us.
If you have any questions, complaints, or concerns regarding the Website, our Products, Services, or these Terms, you may contact us at [email protected] or (435) 915-6741.
Kimberbell Privacy Policy
Effective Date: May 6, 2024
This Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your information when you use our services. Throughout this policy, we may refer to Kimberbell Kids, as “Kimberbell,” “we,” “us” or “our.” When we say “Websites” we mean any of our websites or applications which link to this Privacy Policy and any other microsites or mobile versions of those websites. “Social Media Pages” are the official social media pages we operate on Facebook, Instagram, YouTube, TikTok, Pinterest, and other social media platforms. If you have any questions about these definitions or anything else in this policy, please email us at [email protected].
This Privacy Policy applies to our Websites, Social Media Pages, and to our communications with you.
Information We Collect
We collect various types of information about our customers and Website visitors, including:
How We Collect Information
We may collect the information described above directly from you, from third parties we partner with, or through cookies or other automated means. The categories of sources we collect personal information from include:
How We Use Collected Information
We may use the information we collect for the following business purposes:
Information with Service Providers and Third Parties and for What Purposes
We may share your information in the following ways:
Your Privacy Choices
You can control the information we collect and use in the following ways:
Children’s Privacy
Our Websites and Social Media Pages are intended for adults. We do not knowingly collect personal information of children under the age of 16. If we learn that we have collected the personal information of a child under 16, we will make reasonable efforts to delete that information from our records. To request deletion of personal information relating to a child under 16, please email [email protected].
Security
Kimberbell cares about the security of your information. To help prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online. While we take these measures, no security measures are perfect or impenetrable.
You can protect your information by selecting strong, unique passwords for the Websites and any associated email addresses. If you have concerns about the security of your account, or wish to alert us of any potential vulnerabilities, please contact [email protected].
Supported Web Browsers and Do Not Track Signals
We recommend that you use the latest web browser versions to optimize your experience. Older web browser versions may not be able to access or utilize all pages on our Websites as intended.
We may not be able to receive or honor web browser “Do Not Track” signals and our Websites may continue to collect information in the manner described within this Privacy Policy.
Updates
We reserve the right to modify, alter, or otherwise update this Privacy Policy at any time, so we encourage you to review this policy from time to time. Changes to this Privacy Policy are effective at the time they are posted and your continued use of our Websites after posting will constitute acceptance of, and agreement to be bound by, those changes. If we make any material changes to our privacy practices, we will update this Privacy Policy and change the effective date.
Contact Us
Please send your privacy-related questions, comments, and concerns to us via email at [email protected]. You can also call us at (435) 915-6741 or contact us by postal mail at the following address:
Kimberbell Designs
2442 Wolfpack Way
North Logan, Utah 84341
[email protected]
YOUR STATE PRIVACY RIGHTS
Residents of certain states have certain rights concerning the processing and use of their Personal Information. The rights described herein are subject to exemptions under applicable law. For purposes of this section, the term “Personal Information” includes both “Personal Information” and “Personal Data” as defined by applicable law.
If your Personal Information is subject to a privacy law in your state, you may have certain privacy rights with regard to that information. You may have the right to:
Under certain state laws, you may also have the right not to receive discriminatory treatment for the exercise of any of these privacy rights. We will not discriminate against you because you have exercised any of your rights.
Certain state laws may also provide you the right to appeal our decisions regarding your rights requests if we do not respond to your requests or do not take action regarding your requests. Additionally, if you are a resident of the state of California, you may have a right to pursue legal action for improper handling of your Personal Information.
Submitting a Rights Request
If you wish to exercise the rights listed above, you may submit a request by emailing [email protected], by calling us toll free at (435) 915-6741, or by using the form at https://kimberbell.com/contact/. If you choose to submit your request via email, you must include “Privacy Rights Request” in the subject line and clearly provide us with the following information: what type of request you are making, your full name, email address, and valid shipping address. You may only make one request per email.
We are required to provide you with access to your Personal Information or delete Personal Information only in response to verifiable or authenticated requests. We will compare the information you provide with any information we may have in our possession in order to verify your request. We may also contact you to request additional information in relation to your request. The information you provide must match the information we have in our possession. This measure is in place to help ensure that Personal Information is not disclosed to any person who does not have the right to receive it. The information collected through this process will be used for verification purposes only. Pursuant to your state’s privacy laws, you may request access to your Personal Information a limited number of times within a 12-month period.
Authorized Agent
Please note that you may authorize an agent to exercise any of these rights on your behalf by contacting us by email at [email protected]. If you use an agent, we will take measures to verify your agent’s authorization similar to the verification described above for fulfilling any access or deletion requests. We may require more information to ensure proper verification of you and your agent’s identity and authorization.
Categories of Personal Information Collected and Disclosed for a Business Purpose
We collect and disclose the categories of Personal Information that are indicated in the chart below. Note that the specific pieces of Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed.
| Category of Personal Information Collected | Business Purposes for Collection, Use, and Disclosure |
|---|---|
| Identifiers (such as your name, address, email address, birthdate, online identifiers, or other similar identifiers) |
|
| Records Information (such as your name, signature, Social Security number, address, telephone number, passport number, driver’s license or state identification card number, education, employment, employment history, bank account number, and credit or debit card) |
|
| Characteristics of protected classifications (such as your age, gender or race and ethnicity) |
|
| Commercial information (such as records of the services you have purchased, obtained, or considered) |
|
| Internet or other electronic network activity information (such as your IP address, device identifiers, device advertising identifiers, mobile network, operating system details, language preferences, referring URLs, length of visits, anonymous traffic data, pages viewed, and information regarding interactions with our services or advertisements) |
|
| Geolocation data |
|
| Professional or employment-related information |
|
| Inferences used to create a profile reflecting your preferences, characteristics, and behavior. |
|
We may also collect Personal Information about you that does not directly fit within one of the categories listed above, which information is described in Information We Collect.
We share Personal Information about you with service providers and third parties for business purposes, such as operational purposes and other purposes related to providing you with the services you seek from us. For more information about the business purposes for which we disclose Personal Information, see How We Use Collected Information.
Sources of Personal Information
We may collect your information from the categories of sources listed under How We Collect Information.
Categories of Personal Information Sold or Shared
While we do not sell your Personal Information for monetary consideration, certain state laws may characterize our sharing of Personal Information with companies that provide services to us, such as companies that help us to market or advertise our products and services to you, as “sales” or “sharing”.
Categories of Personal Information disclosed that may be considered a “sale” or “sharing” for Cross-Context Behavioral Advertising, Profiling, or Targeted Advertising: Identifiers, Characteristics of protected classifications, Commercial information, Internet or other electronic network activity information, and Inferences.
We do not knowingly sell or share Personal Data of individuals under the age of 16 without affirmative consent.
Notice of Financial Incentive
We may offer exclusive price discounts, rewards, offers, deals, coupons, or other perks for those: (1) participating in our loyalty or rewards programs; and (2) recipients of our mailing lists who were presented with a financial incentive to sign up (“Programs”). Under California law, participating in any of our Programs may be considered a financial incentive provided in exchange for the collection and retention of Personal Information. Through our loyalty or rewards programs, consumers may provide us with any or all of the categories of information in the Information We Collect section above. Participation in these Programs is optional and consumers may opt out at any time. In addition to this disclosure, each Program contains terms specific to that promotion. Your participation in any of these Programs will be interpreted as affirmative consent to the terms of that particular Program.
We offer these Programs to, among other things, enhance our relationships with our customers. The value to our business, in the aggregate, of customers’ personal information depends on specific facts, such as whether and to what extent they take advantage of any offerings. We do not calculate the value of customers’ information for our accounting statements. To the extent we would, however, such valuation could be directly or reasonably related to the cost associated with acquiring or developing such information.
Sensitive Personal Information and Sensitive Data
We will not process your Sensitive Data or Sensitive Personal Information (as those terms are defined under applicable privacy law) without your prior opt-in consent.
4.9 Angel Policy: Purchasers of our Products are permitted to sell completed projects on a limited basis. Projects created for the purpose of sale must be made by the purchaser of the Product and should befit our standard of quality and good taste. Completed projects may be sold at retail boutiques and craft fairs, or over the internet. We limit the number of items made for resale at 200 from a single design or pattern. Mass production or use of paid workers to make any Company design for resale is prohibited.
Our logo may not be used in a manner which might lead consumers to believe the item was made directly by us. Persons participating in this Angel Policy assume all liability for their work and agree to full responsibility if disputes arise from their work.
We may amend this Angel Policy governing the use of our copyrighted designs and instructions at any time. Any amendment to this policy becomes effective upon publication.
4.14 Distributor Refund & Return Policy
Returns will be accepted with pre-authorization of unopened, unused, unmarked, OR undamaged product that is in its original packaging and currently stocked, within 90 days of purchase. Kimberbell will issue a Return Merchandise Authorization (RMA) and a 15% restocking fee will be charged on all returned products. Authorized merchandise must be shipped back to Kimberbell within 10 business days after approval with authorized RMA number on label. Once authorized merchandise has been received, a credit will be issued to the original open purchase order.
Defective Product: If you receive a defective product, please notify us within 14 days of receiving your order. We will replace the product, or a credit will be given. Please include images of the damaged product.
Shipping Damages: Upon receipt of Kimberbell product, please inventory order for accuracy and potential damage. In the event there is damaged, or missing items, please take a photo and contact Kimberbell Customer Care at 435.932.6741 or email us at [email protected] within 14 days of receipt. Photos and order number may be requested so a claim may be filled if necessary. If the box is damaged upon delivery (please refuse). If that is not an option, please take pictures upon delivery of the condition of the box before opening it as well as the condition of the contents inside the box (this information is always requested by the shipping carrier). Please do not dispose of any damaged boxes which can be requested as part of the claim’s investigation.
Canceling/Changing Your Order: Please contact us to see if your order has started to be processed. In the event that it has not been started, we will be more than happy to make changes to your order within 24 hours of the order being placed. If the order has already been processed a 15% fee will be charged on all canceled orders. Orders canceled or refused after being shipped will be assessed a 15% restocking charge in addition to all freight.
Shipped by Kimberbell in Error: Items shipped by Kimberbell in error will be given full credit upon arrival back to Kimberbell via pre-paid shipping label.
4.7 Shipping Policy: We will ship products to the address you provide to us within five (5) days of billing your designated payment method. Shipping rates vary based on location and subscription type. We work hard to ship orders efficiently and in a timely manner. We will not hold product orders, if available to ship. When we receive additional orders before a previous order has shipped, we may combine the orders into one shipment to save on costs as well as simplify packaging and tracking.
4.12 End Consumer Refund & Return Policy
Physical product: If you are unsatisfied with your purchase, product may be returned within 14 days of receipt of purchase. The product must be unopened and undamaged and its original packaging.
If your order arrives with damaged contents, we will replace the damaged item(s). If a replacement cannot be provided, we will issue a refund for the specific item(s). Please note that the entire box will not be replaced unless everything is damaged. A photo confirmation is required. Please do not dispose of packaging, as it may be required in order to file a claim. Damage to the shipping box alone does not qualify for a refund.
Please contact customer care at 435.915.6741 to obtain an RMA number to include with your return. Once a product has been received in our warehouse, you will be refunded via the payment method you used for the purchase. Please allow 7 to 10 business days to be credited to your account.
Please put items in their original packaging and send to the following address:
Kimberbell
2442 Wolfpack Way
North Logan, UT 84341
You are responsible for the cost and risk of returning products to us. We cannot be held responsible for goods damaged or lost in return shipment. We are unable to issue a refund without receiving the goods or proof of a return delivery.
International Purchases: Are not eligible for returns
Amazon: Purchases made through Amazon will go through Amazon’s return process. Please contact Amazon for return assistance.
Purchased from a retailer (includes event kits): We cannot accommodate requests for refunds or exchanges on purchases made outside of Kimberbell.com. We value our relationships with our retail partners and have confidence in their customer support teams to address and resolve any issues. For any inquiries, concerns, or assistance related to products purchased outside of Kimberbell.com, we ask that you reach out directly to the customer support of your retail shop. This includes certified event kits. Your shop will be best positioned to provide the necessary support and find a suitable solution for your needs.
Digital Product: Due to the nature of digital items, we cannot process refunds or returns on any digital products after it has been released to your online library. If a file is corrupted or missing information, please contact Kimberbell Customer Care for assistance.
Distributor: Kimberbell Distributor Return Policy 1/24
4.11 Wholesale Refund and Return Policy:
Regular Product: Products eligible for return must remain unopened, unstickered, unused, unmarked, and undamaged. Returns can be initiated within 30 days of the original purchase date. Please contact your relationship manager to start the return process and to obtain an RMA for your return. Once product has been received in our warehouse, you will be refunded via the payment method you used for the purchase.
Distributor: If the product was purchased from a distributor, please contact the distributor for their return policy.
Defective Product: If you receive a defective product, please notify us within 48 hours of receiving your order. We will replace the product, or a credit will be given.
Shop Responsibility: As part of our commitment to fostering strong customer relationships, it is the responsibility of retailers to manage customer returns for Kimberbell products. This policy aims to facilitate prompt and efficient service for your customers. Should you require further assistance, please contact your Relationship Manager.
In the case of damaged or defective products, it may be possible for Kimberbell to ship a replacement product directly to your customer when you process their return. Please contact your relationship manager to facilitate this arrangement.
Order Cancellations: There will be a $20 charge for any orders that are canceled after they have shipped.
Certified Event Kits Returns: Unopened and undamaged Attendee Project kits may be returned for a full refund after the card on file has been charged (up to 14 calendar days after the last day of your event.)
Attendee Project Kits received 15 or more calendar days after the last day of the event will be charged a 25% stocking fee based (on the total amount of kits returned). You are responsible for shipping costs.
No returns will be accepted 45 calendar days after the last day of the event. Kits returned after 45 calendar days will be returned to the shop and your card on file will be charged the return shipping fees.
Retired Certified Event Kits may not be returned.
SMS Policy:
Kimberbell Designs Messaging Terms & Conditions
This Messaging Program Privacy Policy explains how Kimberbell Designs collects and uses information about you in relation to its text message marketing program (the “Messaging Service”). We use Attentive to provide the Messaging Service to you. For the purposes of the Messaging Service, Attentive acts as our service provider and data processor of your information.
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Kimberbell Designs, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Kimberbell Designs reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Kimberbell Designs also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Kimberbell Designs, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to our Kimberbell Designs Terms of Use and Kimberbell Designs Privacy Policy.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Kimberbell Designs and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Kimberbell Designs through any other programs you have joined until you separately unsubscribe from those programs.
Help
Text the keyword HELP to our shortcode to return customer care contact information.
Customer Care
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected].
Contact
This message program is a service of Kimberbell Designs, located at 2442 Wolfpack Way, Logan, Utah 84341.
Dispute Resolution
General. In the interest of resolving disputes between you and Kimberbell Designs in the most expedient and cost effective manner, you and Kimberbell Designs agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Kimberbell Designs or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Kimberbell Designs or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Kimberbell Designs ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Kimberbell Designs to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Kimberbell Designs will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Kimberbell Designs. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Kimberbell Designs intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Kimberbell Designs address for Notice is: 2442 Wolfpack Way, Logan, Utah 84341, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Kimberbell Designs will make good faith efforts to resolve the claim directly, but if you and Kimberbell Designs do not reach an agreement to do so within 30 days after the Notice is received, you or Kimberbell Designs may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Kimberbell Designs must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Kimberbell Designs will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Kimberbell Designs for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Kimberbell Designs agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Kimberbell Designs made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND Kimberbell Designs AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kimberbell Designs agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Kimberbell Designs makes any future change to this arbitration provision, other than a change to Kimberbell Designs address for Notice, you may reject the change by sending us written notice within 30 days of the change to Kimberbell Designs address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Kimberbell Designs.
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Messaging Privacy Policy:
This Messaging Program Privacy Policy explains how Kimberbell Designs collects and uses information about you in relation to its text message marketing program (the “Messaging Service”) and business phone service (the “Business Phone Service”).
We use Attentive to provide the Messaging Service to you. For the purposes of the Messaging Service, Attentive acts as our service provider and data processor of your information.
We use 8×8 to provide the Business Phone Service to you. For the purposes of the Business Phone Service, 8×8 acts as our service provider and data processor of your information.
Messaging Service
We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.
We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).
If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.
Use of Information
We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.
Sharing of Information
We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:
From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.
Protection of Information
We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no online activity can be guaranteed to be 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.
Retention of Information
We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.
Choices and Controls
Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review our Terms.
Customer Care
If you are experiencing any problems with the Messaging Service, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email [email protected].
Main Privacy Policy
By signing up to receive text messages from us, you also agree to our main Privacy Policy.
Business Phone Service
By providing your phone number to Kimberbell through the Business Phone Service , I hereby acknowledge and agree that we may send text messages to your wireless phone number for various purposes. Please note that message and data rates may apply. Message frequency will vary, and you retain the right to Opt-out by simply replying “STOP.” For a detailed understanding of how we handle your data, please refer to our Privacy Policy below.
Privacy Policy:
No mobile information collected through use of the Business Phone Service will be shared with third parties or affiliates for marketing or promotional purposes. All the categories mentioned above exclude text messaging originator opt-in data and consent, which will not be shared with any third parties.
