terms and conditions

This website is operated by Wishcraft Workshop, LLC, doing business as The Yellow Canoe (“The Yellow Canoe”). Throughout the site, the terms “we”, “us” and “our” refer to The Yellow Canoe. The Yellow Canoe offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

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 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 carefully before accessing or using our website or purchasing and using any of our products or services. By accessing or using any part of the site or our digital downloads, 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.

Any new features or tools which are added to the current site or store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

When placing an order, your personal data is always encrypted during transfer to and from our websites. Payment information is always transferred encrypted and is never stored on our servers.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Accuracy, Completeness + Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. While we make an effort to keep this information up-to-date, we cannot guarantee that it is at any given time.

Products, Services + Prices

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Sale of services and digital subscriptions are final. Subscribers of our digital products may cancel the subscription at any time, at which time access to the online content will cease.

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 anytime without notice, at our sole discretion. 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.

Prices for our products are subject to change without notice.

Accuracy of Billing + Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email 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 unauthorized dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our websites. 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.

Optional Resources

We may provide you with access to third-party tools, resources and information over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party resources.

Any use by you of optional resources offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which resources are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site and in our digital products may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback + Submissions

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us in perpetuity. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the site is governed by our Privacy Policy.

Errors, Inaccuracies + Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties, Limitation of Liability

In no case shall The Yellow Canoe, Wishcraft Workshop, and all of their members, managers, directors, officers, employees, affiliates, agents, volunteers, participants, contractors, lessors, interns, suppliers, service providers or licensors (now referred to as “Released Entities”) 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.
You understand and acknowledge that use of our products and services entail known and unknown risks. These risks include, but are not limited to, cuts, bruises, puncture wounds, or damage to property, as well as far more serious risks that could result in physical or emotional injury to you or to other persons. You acknowledge that you and other persons you include as participants in the use of the product or service could require substantial medical assistance at significant expense to you or to others responsible for medical care and treatment. You freely and personally ASSUME ALL RESPONSIBILITY for all risks, whether foreseen or unforeseen, in connection with use of our products and services, and you WILL BE SOLELY RESPONSIBLE for any loss or damage you or your minor children or ward sustains, including, but not limited to, personal injuries to the participant or damage to participant’s property.

You, on behalf of yourself and your family, heirs, successors, assigns, and anyone claiming any interest through or on behalf of you or as a result of your inclusion of them in the use of our products and services, HEREBY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY PROMISE NOT TO SUE, RELEASE FROM ALL LIABILITY, AND DISCHARGE the Released Entities for any damage, injury, or loss arising out of or in connection with your use of our website, products or services. It is your express purpose to bind yourself, your family, heirs, successors, assigns, and anyone, including those using our website, products or services as a result of your inclusion in the activities described therein, from claiming any interest through and on behalf of you.

In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its
Commercial Arbitration Rules.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

Indemnification

You understand and explicitly agree on behalf of yourself, your family, heirs, successors, assigns, or anyone claiming an interest through or on behalf of a user of our website, products or services to indemnify and hold
harmless the Released Entities from any loss, liability, damages, or costs, including reasonable attorney’s
fees, that they may incur due to the presence of any claims or actions brought or threatened by you, your family, heirs, successors, assigns, or anyone claiming any interest through or on your behalf arising out of or in connection with your use of our website, products or services.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

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

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

You understand that the descriptive headings of the several sections of this agreement are inserted for
convenience only and do not constitute part of this agreement.

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

Governing Law

You agree that these Terms and any separate agreements whereby we provide you Services shall be interpreted under the laws of the State of Illinois, without reference to its conflict of laws provisions. You further agree that any dispute regarding this Agreement shall be brought in the courts in Cook County, Illinois, and that you waive any argument of forum non conveniens.

You agree that if any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
unenforceable, or against public policy, only those portions of this Agreement held to be invalid,
unenforceable, or against public policy shall be stricken, and all other provisions shall remain in full force
and effect.

You have read and understand these Terms and agree to be bound by its terms and conditions. No oral
representations or statements or inducements have been made to you that modify anything within the Terms written
here.

Changes to Terms of Service

The most current version of the Terms of Service can be viewed at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us .

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