Terms of Use
Agreement between User and http://www.sewmuchnicer.com & https://sewlikearockstar.com
Welcome to http://www.sewmuchnicer.com & https://sewlikearockstar.com. The http://www.sewmuchnicer.com & https://sewlikearockstar.com website (the “Site”) is comprised
of various web pages operated by Sew Much Nicer, LLC (“Company”).
http://www.sewmuchnicer.com & https://sewlikearockstar.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the
“Terms”). Your use of http://www.sewmuchnicer.com & https://sewlikearockstar.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.
http://www.sewmuchnicer.com & https://sewlikearockstar.com is an E-Commerce Site featuring the sales and distribution of sewing notions, patterns, sewing tutorials, and custom sewing
designs.
Electronic Communications
Visiting http://www.sewmuchnicer.com & https://sewlikearockstar.com or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Data
Company will not abuse your data and only collects and stores information about User that is needed to provide basic service and account functionality. Users are internally identified through the use of provided email addresses that are kept hidden from other Site Users. You are also asked to provide your name so that your purchases may be linked to your User account. Your name and email address will never be revealed to other Users or displayed publicly.
When you purchase any services or goods from Company your basic billing information will also be stored with your account as both a convenience to you, and as a way for Company to identify its sales and customers. Credit card details or passwords to 3rd party payment sites such as PayPal, are not stored or retained by Company in any way.
Company may utilize the services of 3rd parties to assist with Site operation and features or to electronically mail customers with occasional newsletters or other relevant information pertaining to Site, products or customer service.
Company has entered into operating agreements with such 3rd party companies with the assurance and understanding that User information will not be displayed publicly or abused in any way. Such information is generally limited to name and email address.
These 3rd parties include ClickFunnels for sales information and secure transactions, and AWeber for electronically mailing Company newsletters and product information on behalf of Company, to those customers that have agreed to receive such mailings. These 3rd parties were selected by Company in part due to their good reputation with customer information protection and assurance of satisfactory measures to ensure secure data storage and information integrity.
Additional information in regards to privacy or operational procedures with the aforementioned or any other 3rd party companies used by Company to facilitate service and Site operation is available upon written request.
Visitor Tracking
Company uses basic website visitor statistics tools such as Google Analytics in order to continually optimize/provide better services to the customer, identify problem areas within Site, determine how customers are interacting with Site, and to investigate when and where website abuse has occurred. These statistics include, but are not limited to the User’s country of origin, time of visit, IP address, and relevant referral information. Referral information may include 3rd party information provided by services such as Facebook Advertising, some of which may be stored securely on Company’s servers and is never sold or distributed to other 3rd parties.
Cookies and Information Collection
Site does not collect any information about the User other than what is voluntarily submitted in regards to account and personal data by the User. Any information about the User that is retained, is stored securely. Company will never sell, distribute, or transfer this information to any 3rd party that Company does not have a working contract with for Site features or electronic mailing. Cookies are used in order to allow the User to log in securely and also supports Site navigation, but are never used to collect information about the User outside of Site. Cookies are encrypted to prevent User information from being used maliciously by other websites.
Right to be Deleted
If you wish to delete your User account you may contact Company and request an account deletion. Company will delete your account, Site credentials, and terminate all services and agreements with the User within five business days. Certain documents or records containing identifying customer details, such as sales and transaction receipts for tax purposes, will be retained for internal use by Company but never distributed or displayed publicly.
Users who have actively and maliciously abused the Site, or have engaged in unlawful or fraudulent actions against Company will not be able to request an account deletion, as Company reserves the right to retain and provide information regarding criminal behavior to authorities, or to be used as evidence in a legal investigation.
Social Media Services
Company utilizes 3rd party social media services such as Facebook and Twitter to facilitate Company announcements, engage in dialogue with customers regarding products and services, inform potential new customers of Company and its offerings, and to provide additional means of contact to customers.
If you wish to be removed from any of these Social Media lists or groups, or to no longer receive these communications, you may make a request and Company will take all appropriate measures within its power on these 3rd party social media services in order to satisfy your request.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.sewmuchnicer.com & https://sewlikearockstar.com only with permission of a parent or guardian.
Cancellation/Refund Policy
All sales final on digital goods.
Links to Third Party Sites/Third Party Services
http://www.sewmuchnicer.com & https://sewlikearockstar.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.
Certain services made available via http://www.sewmuchnicer.com & https://sewlikearockstar.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the http://www.sewmuchnicer.com & https://sewlikearockstar.com domain, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.sewmuchnicer.com & https://sewlikearockstar.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.sewmuchnicer.com & https://sewlikearockstar.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.
We fully embrace the essence of Wheatons Law (http://www.wheatonslaw.com) and expect our users to do the same. Any disparaging or threatening remarks on social media or other sites regarding our sites, members, employees, and owners will immediately get you banned from all platforms we manage and own.
Third Party User Account Connections
At some point in the future, you may be able to connect your Company account to third party accounts. By opting in to this feature and connecting your Company account to your third party account(s), you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through http://www.sewmuchnicer.com & https://sewlikearockstar.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SEW MUCH NICER, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SEW MUCH NICER, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SEW MUCH NICER, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL SEW MUCH NICER, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SEW MUCH NICER, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Douglas County, Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Site. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which http://www.sewmuchnicer.com & https://sewlikearockstar.com is offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Company welcomes your questions or comments regarding the Terms:
Sew Much Nicer, LLC
2358 Beachman Drive
Castle Rock, CO. 80104
United States
Email Address:
support@sewmuchnicer.com
Telephone number:
720-628-0542
Effective as of May 25, 2018