Website Terms of Use

for SilhouetteAmerica.com

acceptance of terms

SILHOUETTE AMERICA, INC. ("Silhouette America®", "we", "us", "our") makes available to you (the user) our website (www.silhouetteamerica.com) subject to these Terms of Use, which may be modified from time to time at our sole discretion, with or without notice to you.

Your use of this website, now or in the future, indicates acceptance of the then-current Terms of Use. You agree to abide by all of the Terms of Use, as the same may be revised from time to time. Silhouette America® may offer other services that may be governed by additional or different terms.

description of services

Silhouette America® provides you access to the Silhouette America® website so long as you have agreed to the Terms of Use. Access to select sections of this website require you to log into a Silhouette Account. The creation of a Silhouette Account is free and holds no obligation to purchase of goods or services. You can continue to access these sections requiring you to be signed into your account so long as your account is active. Such access may be modified, revised, updated, enhanced, or supplemented by Silhouette America® from time to time.

silhouette user account

As a condition of using the sections of the website which require you to sign into a Silhouette account, you must be at least eighteen (18) years or older, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms and conditions set forth in these Terms of Use. In any case, you affirm that you are over the age of thirteen (13).

You agree to: (a) provide accurate, current, and complete information about yourself as prompted by the account registration form, and (b) maintain and promptly update the registration data to keep it accurate, current and complete.

You will create a password and account designation during the account's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Silhouette representatives are unable to ask for or receive passwords for your Silhouette account. If you need to reset your account password or account email address, or merge duplicate user accounts, you may contact Silhouette Support for assistance. Silhouette Support can only assist with such requests upon successful verification of account ownership.

You understand that if supplied, your credit card number is stored on your Silhouette account as a token only. The full credit card number is not stored on any Silhouette server either in raw or encrypted format. Upon creating or editing any credit card information on your Silhouette account, you authorize Silhouette America® to send your encrypted credit card data to a third party processor for secure storage. You understand that Silhouette representatives do not have access to your credit card data beyond the card type, expiration date, and last four digits of the card. Silhouette representatives are unable to ask for or receive credit card information for your Silhouette account. You are solely responsible for maintaining accurate credit card information on your Silhouette account and you alone are able to add or edit credit card information.

You understand that you may be contacted regarding your account status or account activity, including purchases made, your subscription status, or balances owed. Notification preferences can be controlled under your account settings at Silhouette America.

Any order history, services, memberships, and information stored on your account, including software license keys, cannot be transferred to other accounts. Your account may not be shared, transferred, sold, or given to any other individual.

collection and use of personal data

The Silhouette America® Privacy Policy protects your personal identity data from disclosure, and Silhouette America® agrees to comply with all aspects of the Privacy Policy. All data that is not personally identifying may be used, disclosed, manipulated, aggregated, disaggregated, sold, shared, or distributed by Silhouette America® for any purpose.

club silhouette program

Club Silhouette memberships are a premium service offered by Silhouette America® which provide special services and considerations to club members, including free monthly digital content, periodic free product shipments, and discounts on orders placed at www.silhouetteamerica.com. A membership to Club Silhouette is not required to access the Silhouette America® website.

You must have a Silhouette account in order to sign up for a Club Silhouette Membership at https://www.silhouetteamerica.com/club-silhouette.

trial membership option

Club Silhouette entitles you to the 30-Day Free Trial membership for thirty days from the moment that you activate the free trial period, which you do when you submit your payment details. When you submit these payment details, you accept the 30-Day Free Trial Offer and accept that we use your payment details according to our Privacy Policy. You also agree to the Silhouette America 30-Day Free Trial Terms and Conditions. If you decide to discontinue the Club Silhouette 30-Day Free Trial upon or any point prior to the lapse of the free trial period, you will need to discontinue the 30-Day Free Trial membership before the free trial period ends.

Once ended, the Free Trial cannot be reinstated, even if canceled in error. You may not use this 30-Day Free Trial more than once.

continuing membership after trial

If you do not discontinue the 30-Day Free Trial membership before the free trial period ends, you will be charged a Club Silhouette membership fee depending on the membership type selected during the sign up process. A yearly (12-month) membership can be purchased for $9.99 per month. Customers selecting to pay up-front for a yearly (12-month) membership can purchase a yearly subscription at $99.99, meaning that an additional discount is given to customers who choose to pay their subscription up-front at sign up rather than month-to-month.

club silhouette membership

Silhouette America can only ship to areas listed under section 20 “Shipping” of these Terms of User. If you do not reside in any of the designated areas, Silhouette America cannot mail you free products offered through the Club Silhouette program.

Club Silhouette offers three free shipments during the course of the year-long Club Silhouette membership of a blade (or Mint Stamp Kit) and mat (or Mint Stamp Sheet set). You are responsible for maintaining a current valid mailing address in order to accurately receive free refill items offered through the Club Silhouette program. Any changes to your mailing address must be made at least 24 hours in advance of your scheduled shipment or your scheduled shipment may be issued to a previous mailing address provided.

Shipping times for free products are subject to availability. Silhouette America® is not liable for late shipments of regularly scheduled shipments through the Club Silhouette program. If your selected free product is not available at the time of your scheduled shipment, you may be offered the option to change your product selection to an alternate product approved by Silhouette America®. Returns or exchanges are not accepted for free products received through the Club Silhouette program.

Club Silhouette membership discounts exclude Silhouette machines, Silhouette Mint™ products, clearance item products, downloads, download cards, subscriptions to the Silhouette Design Store, and gift cards. Club Silhouette membership discounts will be automatically applied to all orders placed at www.silhouetteamerica.com and can be combined with sales promotions except where specifically excluded in the Terms and Conditions of the promotional sales event. Club Silhouette membership must be active prior to placing any order for the Club Silhouette membership discount to apply. The Club Silhouette membership discount cannot be applied retro-actively to any orders preceding membership.

The “free shipping” perk available with Club Silhouette only pertains to orders placed through the Silhouette America® website at www.silhouetteamerica.com for orders which exceed a $50 subtotal, where the order amount exceeds $50 prior to any additional taxes and/or shipping costs. Club Silhouette membership must be active prior to placing any order for the Club Silhouette membership free shipping perk to apply. The Club Silhouette membership free shipping perk cannot be applied retro-actively to any orders preceding membership.

Club Silhouette membership offers an earning of points for purchases made through www.silhouetteamerica.com. Information on Club Silhouette Points can be found at https://www.silhouetteamerica.com/club-silhouette-points.

Club Silhouette membership offers 10 digital content designs on the 15th of each month. Silhouette America® reserves the right to issue this content within 10 business days of the expected delivery date. These designs are offered only in STUDIO or STUDIO3 file format for use with the Silhouette Studio® software application. All digital content is selected by Silhouette America®. Returns or exchanges of digital content are not accepted.

Silhouette America® reserves the right to discontinue or alter the Club Silhouette Terms and Conditions at any time without prior notice and with no liability. Further information on the Club Silhouette program may be found at https://silhouetteamerica.freshdesk.com/en/support/solutions/articles/35000205987-club-silhouette-overview.

Canceling Club Silhouette Membership

Club Silhouette membership will continue to auto-renew until it is canceled by the customer. Customers may select to cancel Club Silhouette Membership by logging into their Silhouette account at www.silhouetteamerica.com and visiting the "My Account" section. Customers may alternately contact the Silhouette America® Support Team (support@silhouetteamerica.com) to request their Club Silhouette membership be canceled. Club Silhouette membership may be canceled at any time.

Refunds are not available for the first month’s service, regardless of whether you had selected to pay month-to-month or if you had paid the up-front yearly amount, if a shipment of free product has been issued. You are responsible to end your Club Silhouette membership prior to the initial shipment of free product if you do not wish to be charged for the Club Silhouette membership service.

All Club Silhouette Points become forfeit upon cancellation of your Club Silhouette Membership.

Reinstating Club Silhouette Membership

Club Silhouette membership may only be reinstated by contacting Silhouette Support.

EDUCATOR DISCOUNT PROGRAM

The Educator Discount Program (“EDP”) provides a special discount on Silhouette products purchased directly through www.silhouetteamerica.com to qualifying educational facilities and licensed non-profit organizations. The EDP is only valid in the United States and Canada. To apply, you must contact education@silhouetteamerica.com and relay a) your Silhouette account address, b) the name and location of your school or institution, and c) an attached eligible copy of your teaching certificate or 501(c)(3) form. You may be asked to provide updated information, as deemed necessary by Silhouette America®, at any time, which may affect your eligibility and participation in the EDP.

Acceptance to the EDP is at the sole discretion of Silhouette America®. Any order placed prior to acceptance to the EDP cannot be retro-actively refunded or credited. The EDP discount shall apply from the date and time of acceptance forward. By being accepted to the EDP, you are in no way obligated to fulfill any minimum purchase requirement. You may opt out of the EDP at any time without penalty by contacting Silhouette Support.

You understand that by being accepted to the EDP you have no additional rights granted to your Silhouette account beyond the ability to receive an additional discount on select regularly priced product offerings for purchases made directly through www.silhouetteamerica.com. The discount provided through the EDP is only available on select product offerings and purchases made directly through www.silhouetteamerica.com. The EDP discount shall be according to the information provided at the time of acceptance to the EDP. The EDP discount cannot be combined with any other programs, discounts, sales, pricing, or promotions. The EDP discount excludes digital content offered through the Silhouette Design Store (www.silhouettedesignstore.com), Silhouette Design Store subscriptions, Silhouette Design Store download cards and codes, Club Silhouette Membership fees, Silhouette gift cards, and other select products as determined at the sole discretion of Silhouette America. Orders placed through the EDP are tax exempt.

By applying to the EDP you agree to all Terms and Conditions for the EDP stated in this section. Silhouette America® reserves the right to alter the EDP at any time with or without notice to you.

SILHOUETTE HANDMADE PROGRAM

The Silhouette Handmade Program (“SHP”) provides a special discount on Silhouette products purchased directly through www.silhouetteamerica.com to qualifying businesses who use Silhouette products to create, produce, or market goods or services offered from their company. The SHP is only available to businesses with an online business platform or presence who operate in the United States or Canada. To apply, you must fill out the application form found at https://www.silhouetteamerica.com/handmade and relay a) your business name, b) your business URL, and c) a description of how Silhouette products are used in your handmade business. You may be asked to provide updated information, as deemed necessary by Silhouette America®, at any time, which may affect your eligibility and participation in the SHP.

Acceptance to the SHP is at the sole discretion of Silhouette America®. Any order placed prior to acceptance to the SHP cannot be retro-actively refunded or credited. The SHP discount shall apply from the date and time of acceptance forward. By being accepted to the SHP, you are in no way obligated to fulfill any minimum purchase requirement. You may opt out of the SHP at any time without penalty by contacting Silhouette Support.

You understand that by being accepted to the SHP you have no additional rights granted to your Silhouette account beyond the ability to receive an additional discount on select regularly priced product offerings for purchases made directly through www.silhouetteamerica.com. The discount provided through the SHP is only available on select product offerings and purchases made directly through www.silhouetteamerica.com. The SHP discount shall be according to the information provided at the time of acceptance to the SHP. The SHP discount cannot be combined with any other programs, discounts, sales, pricing, or promotions. The SHP discount excludes digital content offered through the Silhouette Design Store (www.silhouettedesignstore.com), Silhouette Design Store subscriptions, Silhouette Design Store download cards and codes, Club Silhouette Membership fees, Silhouette gift cards, and other select products as determined at the sole discretion of Silhouette America.

By applying to the SHP you agree to all Terms and Conditions for the SHP stated in this section. Silhouette America® reserves the right to alter the SHP at any time with or without notice to you.

SILHOUETTE ACCOUNT ACTIVITY

Your Silhouette account will remain active until it is canceled by you via chat request or email request to Silhouette America® customer service, or until it is terminated by Silhouette America®.

ACCOUNT CANCELLATION BY YOU

You have the right to cancel your Silhouette account at any time, whereupon Silhouette America® will have the right immediately to terminate your access to sections of the website requiring you to log in, including any access to manage Club Silhouette options. Upon cancellation, you will not be entitled to a refund of any fees paid by you under any circumstances. Upon termination, you will lose access to all purchase history, the ability to recover purchased content from the Silhouette Design Store, and any license keys applied to your account. You must contact Silhouette Support to cancel your account.

ACCOUNT TERMINATION BY SILHOUETTE AMERICA®

Silhouette America® shall have the right to terminate your password, account, or use of the website sections which require a Silhouette account, at any time at its sole discretion, with or without cause and with or without prior notice. If you already have paid any Club Silhouette fees for any current or future month(s) and Silhouette America® terminates your access to Club Silhouette during or prior to further paid Club Silhouette program month, Silhouette America® will promptly return the Club Silhouette fees you have paid for that month. If you have paid Club Silhouette fees for an entire year and Silhouette America® terminates your account access to Club Silhouette benefits during the paid year, Silhouette America® will return a prorated portion of the Club Silhouette fees, based on the portion of the yearly service remaining as of the date of termination. Except as provided in the preceding two sentences, Silhouette America® shall not be liable to you for any termination of your access to Club Silhouette or the website. Upon termination, you will lose access to all purchase history, the ability to recover purchased content from the Silhouette Design Store, and any license keys applied to your account.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all copyright, trademark, and other intellectual property rights are protected by U.S. and international copyrights owned by Silhouette America® or its partners or licensors. Access to our Site does not confer and shall not be deemed as conferring upon anyone any license under any of Silhouette America®'s or any third party's intellectual property rights.

The SILHOUETTE AMERICA®, SILHOUETTE CAMEO®, SILHOUETTE PORTRAIT®, SILHOUETTE ALTA®, SILHOUETTE STUDIO®, PICK-ME-UP®, SILHOUETTE LOGO, and other Silhouette America® trademarks, services marks, and logos as represented on this website are owned by Silhouette America® and may not be used in connection with any other product or service or in any manner that is not approved in writing by Silhouette America®. All other marks are the property of their respective proprietors. No trademark or service mark license is granted in connection with the content contained on this website, and access to our site does not authorize anyone to use any name, logo or mark in any manner. References on our site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Silhouette America®'s endorsement, sponsorship or recommendation of such third party, or its information, products or services.

YOUR USE OF THE SITE

Silhouette America® grants you permission to access and use our website, including access to any services found therein, provided that you agree to the following:

• You will not attempt to alter or modify any part of our website;
• You will not attempt to hotlink to any image or other such content that can be hotlinked from our website;
• You will not use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses our website in a manner that sends more request messages to the Silhouette America® servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
• You will not collect or harvest any personally identifiable information, including account names, from our website, nor use any services provided through our website (such as email or chat systems) for any commercial solicitation purpose;
• You will not collect or harvest any personally identifiable information, including account names, from our website, nor use any services provided through our website (such as email or chat systems) for any commercial solicitation purpose;
• You will not mask your identify in any way, including without limitation, IP masking by accessing the website or any services found therein over any type of proxy server, through IP masking software or the like; and
• You will comply with all applicable laws in your use of our website or any services found therein.

Notwithstanding the foregoing, Silhouette America® grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the contents of this website, but not caches or archives of such content. Silhouette America® reserves the right to revoke these exceptions either generally or in specific cases.

PRODUCTS

Products listed for sale on the website are not guaranteed to be in stock. The ability to purchase any item depends on the availability of the item. Silhouette America® does not offer rain checks, layaways, or the ability to hold or reserve products.

All bundles and items listed in the “Clearance” section are only available while supplies last. Silhouette America® reserves the right to discontinue products from being sold through the website with or without notice. Bundles containing multiple product offerings cannot be adjusted to substitute, add, remove, change, or otherwise alter the content of the bundle offering.

PROMOTIONS

Sales promotions may be offered periodically through www.silhouetteamerica.com. Please refer to the Terms and Conditions posted for each sale for further details specific to the promotion. It is your responsibility to read the applicable Terms and Conditions to determine whether or not your participation will be valid or restricted, and to determine any requirements specific to the promotion. In most cases, a promotional code is provided and must be applied in the shopping cart prior to checkout in order to apply the promotional sale pricing.

Promotional pricing is available during the advertised promotional period only. Promotional pricing cannot be reserved for: out of stock items, issues with your Silhouette account, concerns with payment information, or other concerns resulting from anything which cannot reasonably be controlled by Silhouette America® that may occur during the promotional period preventing order completion.

Silhouette America® at its sole discretion may make special exceptions to extend promotional pricing to price match Silhouette promotional sales and/or provide a refund toward orders of products purchased directly from www.silhouetteamerica.com upon notification to Silhouette Support if a) an order was completed within 24 hours prior to the start of a promotional sale period, or b) an order was completed within 24 hours after the end of the promotional sale period due to a technical issue outside of your control which prevented successful order completion during the sale period. Examples of technical issues outside of your control may include: a server issue, or other error with the Silhouette America website service. Examples of issues that would not apply to this exception would be: your account was on hold, you did not yet have sufficient funds to purchase product.

PAYMENTS

All payments for products purchased through the website must be made using a valid credit card. Silhouette America® is not liable for any loss caused by any unauthorized use of your credit card by a third party in connection with our website.

Any attempt at fraudulent activity, including any activity suspected of fraudulent activity, will result in having your Silhouette account frozen or terminated and further may block your access to the website, which action shall be at the sole discretion of Silhouette America®. Silhouette America® is entitled to report such activity to any relevant authorities or entities, and is further entitled to engage in civil and/or criminal prosecution.

You irrevocably authorize Silhouette America®, as necessary, to use third-party electronic payment processors and/or financial institutions to process financial transactions, and agree that Silhouette America® may instruct third-party electronic payment processors and/or financial institutions on your behalf in accordance with your submitted orders.

GIFT CARDS

Silhouette America® Gift Cards (“E-Gift Card”) may only be used for purchases made online at www.silhouetteamerica.com. A Silhouette account is required to redeem a Gift Card. Gift Cards are not redeemable or refundable for cash. Gift Cards may not be resold. Unless stated otherwise, Gift Cards shall not expire and may not be redeemed for shipments outside the website’s allowable shipping area (see section 20 “Shipping” below). Additional payment is required if the purchase price exceeds the value of the Gift Card. Lost or stolen Gift Cards will not be replaced.

Any term or condition of this card is void where prohibited by law. These terms and conditions are subject to change without notice. Purchase of or use of a Silhouette America® Gift Card constitutes agreement to the terms listed herein.

ORDERS

The Silhouette America® website provides the ability to purchase products, both physical and digital. You are able to add products to your cart that you wish to order by clicking on the “Add to Cart” button located on the product details page. Placing an item in your shopping cart does not reserve the item. Products are reserved only upon successfully completing the checkout process. Successfully completed orders will receive an automated email confirming order placement.

All orders are final once you have completed the checkout process and paid for the order. Orders cannot be altered to have items added, removed, or individually canceled once the order has been placed. If you wish to cancel an order, you must contact Silhouette Support within 24 hours of order placement. Cancellation requests may take up to 48 hours to complete. Requests to cancel do not guarantee successful cancellation. In the case your order has shipped prior to successful cancellation, it is your responsibility to refuse the delivery or return the order per the Product Return Policy.

Purchase orders are not accepted at www.silhouetteamerica.com.

OUR RIGHT TO NOT ACCEPT OR CANCEL YOUR ORDER

Silhouette America® reserves the right to refuse any order for whatever reason it deems appropriate. We also reserve the right to cancel and refund any order for any of following reasons, which include but are not limited to: products are not in stock; you do not meet all of conditions of these Terms of Use; we cannot deliver your order to the address provided; or there has been an error in the price quote as noted in the "Pricing" section below. We further reserve the right to cancel your order for any of following reasons, which include but are not limited to: your billing information is not correct or cannot be verified; your order is flagged by our security measures as being suspicious or fraudulent; or funds are not properly received.

PRICING

All product pricing listed on this website is in US Dollars (USD). Product prices listed on this website are subject to change without notice. All pricing listed at the moment of purchase is the applicable price that will be charged, except in the case where pricing information on the website may contain an error. Silhouette America® is not bound by offers listed in error and reserves the right to make corrections for any such errors and/or cancel orders where there have been errors in pricing.

Sales tax is not included in the listed price of any download content. Sales tax is assessed based on your zip or postal code for orders placed within select areas in the United States, and will be applied per applicable sales tax law where required. You can view the presence of sales tax and sales tax information prior to check-out while viewing your Shopping Cart.

Silhouette America® does not offer price matching on products purchased from other websites or store locations, or for shipping costs offered from other websites.

SHIPPING

Orders placed on www.silhouetteamerica.com can only be shipped within the United States, Canada, and US Territories (Guam, Northern Mariana Islands, Puerto Rico, and Virgin Islands). Canadian shipments are subject to import duties, taxes, and/or customs fees which are imposed by the local government once the package is received. You are solely responsible for any such fees.

Silhouette America® does not ship to hotels or other temporary locations. Any returned orders resulting from shipping to temporary locations will result in a restocking fee of up to 20%.

Shipping rates are based on the weight of products being purchased along with your zip or postal code (US only), or other allowable shipping area location. You can get an estimated shipping cost prior to check-out while viewing your Shopping Cart. Exact shipping cost is calculated on the final checkout page prior to placing the order. Silhouette America® cannot be held responsible for discrepancies between estimated shipping costs displayed in the shopping cart page and the actual shipping costs displayed during final check out. By proceeding to place your order, you confirm that you understand that your order may be split between more than one Silhouette fulfillment center dependent upon product availability and you consent to be charged additional shipping costs associated with such multiple shipments, when applicable.

Allow 7 - 12 days for delivery of any order placed through www.silhouetteamerica.com. Silhouette America® cannot guarantee delivery by a specific date. Actual ship times are dependent upon the delivery service of the shipping carrier being used and may be affected or increased during promotional periods. Silhouette America® does not offer expedited shipping options. An automated email with tracking information will be issued to your Silhouette account email address once your order is shipped. You may also sign into your Silhouette account and click on the “my account” link. From here you may view any recent order and tracking information (present if your order has been shipped).

Silhouette America® cannot adjust your shipping address once the order is delivered to the carrier. You are solely responsible for the risk of loss for products purchased through www.silhouetteamerica.com once they are delivered to the carrier.

SECURITY

You are prohibited from using any services or facilities provided in connection with our website to compromise security or tamper with system resources and/or accounts. The use of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Silhouette America® reserves the right to release your personal and account information to system administrators of other sites in order to assist them in resolving security incidents. Silhouette America® reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Silhouette America® to disclose the identity of anyone violating these Terms of Use.

YOU WAIVE AND AGREE TO HOLD HARMLESS SILHOUETTE AMERICA® FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SILHOUETTE AMERICA® DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SILHOUETTE AMERICA® OR LAW ENFORCEMENT AUTHORITIES.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SILHOUETTE AMERICA® MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. SILHOUETTE AMERICA® DOES NOT WARRANT THAT THIS SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SILHOUETTE AMERICA® MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE SERVICE MAY BE UNAVAILABLE AT TIMES BECAUSE OF COMPUTER PROBLEMS, INTERRUPTIONS IN INTERNET SERVICE, INTERRUPTIONS IN PHONE SERVICE, WEATHER CONDITIONS, OR OTHER CAUSES.

SILHOUETTE AMERICA® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THIS SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SPECIFICALLY, SILHOUETTE AMERICA®, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR ANY SERVICES FOUND THEREIN, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR PAYMENT ACCOUNT INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVERS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE OR SERVICES FOUN THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT YOU OR SILHOUETTE AMERICA® ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE

Notices to you may be made via email or regular mail. Silhouette America® may also provide notices of changes to these Terms of Use or other matters by displaying notices or links on the Terms of Use page or by providing them via a splash page or other format during your login to the website.

GENERAL MATTERS

These Terms of Use, together with any supplements, policies, or schedules of fees published by Silhouette America® or provided to you by Silhouette America®, constitute the entire agreement between you and Silhouette America® regarding use of this website and govern your use of the website. They supersede any and all prior oral agreements or other communications between you and Silhouette America® pertaining to any of the matters covered by these Terms of Use. These Terms of Use and the relationship between you and Silhouette America® shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Silhouette America® agree to submit to the personal and exclusive jurisdiction of the courts located in the state of Utah. The failure of Silhouette America® to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related in any way to this website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

PRIVACY POLICY

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of Silhouette America®, Inc.

This privacy policy has been compiled to better serve those who are concerned with how their 'Personally identifiable information' (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our website?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.

When do we collect information?

We collect information from you when you register on our site, place an order, subscribe to a newsletter, fill out a form, use the website's chat system, or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your customer service requests.
• To quickly process your transactions.
• To send periodic emails regarding your order or other products and services.
• To follow up with them after correspondence (live chat, email or phone inquiries)

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use 'cookies'?

Yes. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:

• Help remember and process the items in the shopping cart.
• Understand and save user's preferences for future visits.
• Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

If users disable cookies in their browser:

If you disable cookies, some features will be disabled, making your site experience less efficient and causing some of our services will not function properly.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links

Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

We use the Google Analytics service on our site, which allows us to gain aggregated data about our visitors and help to tailor the experience to the visitors of our site.

Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

ShareASale

We use ShareASale service on our site, which allows us to gain information regarding affiliate based sales.

Opting out: Users may opt-out of receiving any or all communications from ShareASale by contacting ShareASale directly.

GDPR Privacy Rights

On May 25, 2018, a new European Union (EU) data protection law, the General Data Protection Regulation (GDPR), took effect. The GDPR gives individuals in the EU more control over how their Personal Information is used and places certain obligations on businesses that process information of those individuals. We’ve updated our Privacy Policy to take into account the new requirements of the GDPR.

For questions or to process requests, email support@silhouetteamerica.com or send postal mail to Silhouette America, Inc. Attn: GDPR Request, 618 N 2000 W, Lindon, UT 84042.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:

Users can visit our site anonymously. Once this privacy policy is created, we will add a link to it on our home page or as a minimum on the first significant page after entering our website. Our Privacy Policy link includes the word 'Privacy' and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes here on our Privacy Policy Page.

Users are able to change their personal information:

• By emailing us
• By calling us
• By logging in to their account
• By chatting with us or sending us a ticket

We honor "do not track" signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. It's also important to note that we do not allow third-party behavioral tracking

California Consumer Privacy Act

The California Consumer Privacy Act (CCPA), enacted in 2018, creates consumer rights for California residents relating to the access to, deletion of, and sharing of personal information that is collected by businesses.

Section 1: Notice of Collection of Personal Information

We collect the following information when you create an account on our website:

• Your name
• Your email address
• Your preferred language
• Your preferred currency

All of this information is provided by you during the creation of an account. This information is used to uniquely identify you when you use website services, which includes purchases that you may make.

We may additionally collect the following information if you opt to provide such on your account:

• Your physical address
• Your credit card information

This information is used to process payments for goods or services purchased through our website and to ship products to you that have been purchased.

Residents of California may change or remove any of the above personal information from their account, including names, addresses, and credit card information, by any of the following methods:

• By emailing us
• By logging in to their account
• By chatting with us through our website

Your IP address is collected during each login session and/or payment transaction in order to verify your location and to protect against fraud. This information is only reviewed during cases of suspected fraud and is only shared with financial institutions if claims of fraud are being reported. This information cannot be directly accessed by you. However, residents of California may contact us to request any collected IP address information be removed from your account by sending a request to support@silhouetteamerica.com.

Section 2: Notice of Right to Opt Out of Sale of Personal Information

We do not sell any personal data to any third-party company. As such, there is no opt-out service.

Section 3: Notice of Financial Incentive

The below companies may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.

• Drip
• Privacy Policy & Opt-Out: https://www.drip.com/privacy
• Rakuten
• Privacy Policy: https://rakutenmarketing.com/legal-notices/services-privacy-policy/
• User Rights/Opt-Out: https://rakutenmarketing.com/legal-notices/subject-requests/

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email within 1 business day. We will notify the users via in-site notification within 1 business day.

We also agree to the Individual Redress Principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions.
• Process orders and to send information and updates pertaining to orders.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM we agree to the following:

• Not use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of the email newsletter, and we will promptly remove you from all selected correspondence.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Silhouette America, Inc.

618 North 2000 West

Lindon, UT 84042

USA

support@silhouetteamerica.com

Last Edited on January 14, 2019

SUBMISSION OF IDEAS

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of Silhouette America®, Inc.

SOFTWARE LICENSE KEYS

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for Silhouette Software Applications

Silhouette Software license keys may be offered for select Silhouette software applications to unlock the software application for use or upgrade the application to a premium version. All license keys offered provide a personal non-transferable license for use on up to three (3) compatible devices. License keys must be applied onto a Silhouette account. Once applied, license keys cannot be transferred to another account.

ONLINE SALES POLICY

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for Silhouette products

Silhouette America®’s Internet Sales Policy is to sell Silhouette products through our own website (www.silhouetteamerica.com) and through Silhouette authorized online resellers only. No person or business is authorized to sell Silhouette products via the Internet without express contractual agreement with and permission from Silhouette America, Inc. Authorized Silhouette resellers have direct access from Silhouette America® to the Silhouette product line, and are able to properly support Silhouette products by answering product and warranty questions. Purchasing Silhouette products through an authorized dealer/seller means that you receive a) a guaranteed quality product, b) proper support and assistance to help you with any questions you may have, and c) a confirmed warranty, should such become necessary. Silhouette America® asserts that the inability to fulfill these objectives undermines and degrades an optimal customer experience and harms Silhouette America®’s product perception and reputation.

Silhouette products purchased through any person or business that is not authorized may not be eligible for support or a valid warranty.

PRODUCT RETURN POLICY

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for orders from www.silhouetteamerica.com

Silhouette America® is only able to provide refunds for unopened/unused products, including digital product offerings, sold directly through our website (www.silhouetteamerica.com) within 30 days of purchase. We do not otherwise offer refunds or returns on product. Returns must be authorized by contacting support@silhouetteamerica.com. Unauthorized returns not accompanied by a Return Authorization Number will not be accepted. Return shipping costs are your (the customer’s) responsibility, unless you have received a damaged or wrong product.

Refunds shall only be applied to the original method of purchase (i.e. credit card, gift card). In the instance that the credit card used to make the original purchase is no longer active or valid, Silhouette America® will provide a gift card credit in place of a refund.

Any claims relating to duplicate charges require submission of the credit card statement clearly showing such charges.

If your product is purchased through one of our Authorized Silhouette Retailers, Distributors, or Dealers (rather than directly from www.silhouetteamerica.com), you must obtain further assistance from that Authorized Silhouette Retailer, Distributor, or Dealer. You are encouraged to inquire with the company in question to clarify and confirm their specific return policy, and to seek further assistance from them directly for any product returns and/or refunds. Silhouette America® is in no way responsible for returns or refunds of Silhouette products not purchased directly through www.silhouetteamerica.com, regardless of origin be it through an Authorized Silhouette Retailer, Distributor, Dealer, or other source.

We are, however, regardless of origin of purchase able to offer support by providing assistance to facilitate the proper use of products, or to repair, replace, or exchange faulty products under warranty.