Terms of Service

Welcome to DebbieMacomber.com.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

TERMS OF USE

Online Store Terms

Our store is hosted on servers managed by Data Imagery. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

a. Availability

All orders are subject to availability and acceptance by Debbie Macomber, Inc.  You will be notified via e-mail if the product or merchandise you have ordered is not available for shipment.    We reserve the right to limit quantities.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

b. Shipping

We can only ship orders within the United States, Canada and the UK.  Shipping will be via UPS or FedEx, or similar delivery service.  All sales are final after purchase is accepted.  Additional fees for shipping to countries outside the U.S. will apply.  Shipping charges are displayed in your shopping cart at the time of your order.  Orders placed in the store that are shipped to countries outside of the U.S. may be subject to import taxes, customs duties and fees levied by the destination country (“Import Fees”), which are your responsibility.  Contact your local customs office for further information on Import Fees, if any.

c. Pricing

All prices shown are in U.S. Dollars.  Prices for our products are subject to change without notice.

d. Payment

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  All orders are subject to credit and address verification.  All sales are final and there are no returns or exchanges.

Although we take all reasonable measures to protect your personal information throughout the on-line selling process, we cannot guarantee the integrity and security of the data you transmit to www.debbiemacomber.com and Debbie Macomber, Inc. cannot be held liable for any harm or loss resulting from the use of our website that may occur despite our taking such measures to protect the security of your data. For more information about how we use and protect your information please view our Privacy Policy.

e. Cancellation

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

f. Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any orders placed for that product listed at the incorrect price.  If cancelled after your credit card has been charged, we will issue a credit to your credit card for the amount of the charge.

You Consent

BY VISITING OUR SITE AND/ OR PURCHASING SOMETHING FROM US YOU AGREE THAT ANY ACTION, SUIT OR PROCEEDING INVOLVING THE USE OF DEBBIEMACOMBER.COM, OR THE CONDITIONS OF USE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST DEBBIE MACOMBER OR DEBBIE MACOMBER, INC. OR ITS AGENTS, ATTORNEYS, EMPLOYEES, SUCCESSORS OR ASSIGNS MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN SEATTLE, WASHINGTON. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED WITHIN SEATTLE, WASHINGTON, FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES, AND WAIVE ANY OBJECTION AS TO INCONVENIENT FORUM.

Disclaimer of Warranties; Limitation of Liability

In no case shall Debbie Macomber, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Debbie Macomber, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Miscellaneous

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision.

The failure of Debbie Macomber, Inc. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes to Our Terms of Use

We reserve the right to modify the Terms of Use at any time.  So, please check our website frequently, as changes in our Terms of Use will apply retroactively, even if we do not notify you of those changes.

Trademarks and Copyrights

Unless otherwise noted, all materials, including images, illustrations, designs, graphics, photographs, audio and video clips, and written and other materials that are part of DebbieMacomber.com (the “Content”), are copyrights, trademarks, trade dress, service marks and/or other intellectual properties owned, controlled or licensed by us.  You may access and view the Content on the website on your computer or other Internet compatible device, and make single copies or prints of the content on the website for your personal, internal use only. Unless otherwise indicated, the website, including any Content and Materials thereon, are only for your personal, non-commercial use.  Debbie Macomber, Cedar Cove, Blossom Street, Knit One Bless Two, Rose Harbor, Orchard Valley, Heart of Texas, Midnight Sons, The Manning Sisters, Those Manning Men, Grandma Camp, and Mrs. Miracle are registered or unregistered trademarks or service marks of Debbie Macomber, Inc.

Materials You Submit

By submitting, sending or posting materials (the “Materials”) to us, including ideas, messages, instructions, recipes and other materials you: (i) represent and warrant that (a) the Materials are original to you, that no other party has any rights to them, and (b) that the Materials, and their use, do not and will not violate the law or violate or infringe the rights of any entity or person; and (ii) you grant us and our licensees a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Material that you provide to us, and we may delete or destroy any such Material at any time.  You agree to defend, indemnify and hold us harmless from any and all liabilities, costs and expenses, including reasonable attorney’s fees, arising in any way from your placement or transmission of any message, content, information, software or other materials through DebbieMacomber.com, or your breach or violation of the law or of these Terms of Use.

Notices of Infringement

To the extent that you feel that any information on this site has been posted in a manner that constitutes copyright infringement, please provide the following information:

Pursuant to 17 U.S.C. § 512, all notifications of claimed copyright infringement on DebbieMacomber.com should be sent to our Designated Agent. We have provided the following information for the exclusive purpose of notifying us that you allege an infringement of your copyright. Do not send other inquiries to this contact, as you will not receive a response to inquiries that are not related to copyright infringement.

Under federal law, you may be subject to severe civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties include court costs and monetary damages, as well as attorneys’ fees. Such attorneys’ fees include those incurred by parties who are injured as a result of our relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner’s licensee, or (c) us.

You must submit notice, in writing, to the following Designated Agent (DA):

Ms. Adele LaCombe
Debbie Macomber, Inc.
1140 Bethel Avenue, Suite 201
Port Orchard, WA 98366
copyright@DebbieMacomber.com

Pursuant to 17 U.S.C. §  512(c)(3)(A), your Notification of Claimed Infringement must include the following:

  1. The electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
  4. A clear description of where the infringing material is located on our web site, including its URL, so that Company can locate the material;
  5. Your address, telephone number, and e-mail address
  6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact

For more information, contact us at: ashley@debbiemacomber.com