Terms and Conditions of Site Use

Effective: June 1, 2004

Please Read these Terms and Conditions of Use Carefully Before Using this Site

Ellison Educational Equipment, Inc. is doing business as Sizzix.com (“Sizzix.com”) and owns and operates this website (“Site”). By accessing and using this Site you signify your assent to these terms of use. If you do not agree to these terms and conditions of use, do not use this Site. You may browse for information and entertainment but may not modify, transmit, or revise without Sizzix.com's written permission. Do not transmit unlawful or defamatory material. Your use of this Site constitutes acceptance of these terms. These terms and conditions may be updated at any time, and each time you access the Site the new terms will govern.

Privacy
Please review our Privacy Policy, which also governs your visit to Sizzix.com, to understand our practices.

Electronic Communications
When you visit Sizzix.com or send electronic mail to us, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Idea Submissions
Sizzix.com encourages our Site users to share with us their comments, suggestions, concepts, observations and ideas (“Ideas”) about Sizzix.com, its products, and their commercial or educational use in general. By using this Site, however, you agree to grant, unless we indicate otherwise, a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Ideas throughout the world in any media. You agree to grant Sizzix.com the right to use the name that you submit in connection with such Ideas, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Ideas that you submit; that the Ideas are accurate; that use of the Ideas you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sizzix.com or its affiliates for all claims resulting from Ideas you supply. No compensation shall be paid for Ideas, nor shall compensation be implied.

Proprietary Property
Sizzix.com claims various proprietary and intellectual property rights to materials at this Site, including but not limited to copyrights and trademarks (“Content”). No Content owned or licensed by Sizzix.com from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, resold, or modified, without prior, written permission from Sizzix.com, except that you may download one copy of the Content for your personal or non-commercial use and copies of any material must clearly display the appropriate proprietary notices. Please see the Copyrights, Trademarks & Patents page at this Site for instructions on proper crediting to Sizzix.com.

Unauthorized Site Use
Sizzix.com prohibits the following activities without the prior, written approval of Sizzix.com: linking; framing; using any robot, spider, other automatic device, or manual process to monitor or copy the Site Ideas or Content; any other interference with technological measures designed to control access to use of the Site or its contents; interfering or attempting to interfere with the proper operation of the Site and its activities; taking any action that might impose an unreasonable or disproportionately large load on the Site's technical infrastructure. Please contact Sizzix.com at consumersupport@sizzix.com for approval inquiries.

Risk of Loss
All products purchased from Sizzix.com are made pursuant to a shipment contract. This means that all risk of loss and title for such items pass to you upon our delivery to the carrier.

Disclaimer of Warranties
This Site and all its contents and services are provided by Sizzix.com on an “as is” basis without any warranty or condition, express, implied or statutory. We specifically disclaim any implied warranties of title, merchantability, and fitness for a particular purpose and non-infringement. We do not warrant or guarantee that the contents of the Site will be accurate, up-to-date, or otherwise reliable. Sizzix.com does not warrant that this Site, its servers, or email sent from Sizzix.com are free from viruses or other harmful components. The foregoing does not limit any manufacturer's express warranty provided with any product purchased on the Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Limitation of Liability
Sizzix.com will not be liable for any damages of any kind arising from the use of this Site, including but not limited to lost profits or any special, incidental, indirect, consequential or reliance damages arising out of or in connection with our Site, our services or this agreement, under any legal theory, even if we have been advised of the possibility of such damages and notwithstanding the failure of essential purposes of any limited remedy. Our liability to you, under any legal theory, is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to the liability and (b) $1000. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Disputes
Any disputes relating in any way to your visit to Sizzix.com or to products you purchase through Sizzix.com shall be submitted to arbitration in Orange County, California, except that, to the extent you have in any manner violated or threatened to violate Sizzix.com's intellectual property rights, Sizzix.com may seek injunction or other appropriate relief in any state of federal court in the state of California, and you consent to jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Judicial, Arbitration and Mediation Service (“JAMS”). The arbitrators' award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding this arbitration clause, if either you or Sizzix.com institute a lawsuit any award of attorney's fees will be limited to $1000.

Applicable Law
Sizzix.com is created, owned and controlled by Ellison Educational Equipment, Inc. in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, or any dispute relating to this Site without giving effect to any principles of conflicts of laws. Further, any Site contract was created and is being performed in the State of California.