LEGAL
Privacy Policy
This Privacy Policy governs the manner in which Art and Loom collects, uses, maintains, and discloses information collected from users (each, a “User”) of the www.Artandloom.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Art and Loom.
Personal Identification Information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, fill out a form, and in connection with other activities, services, features, or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number,
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-Personal Identification Information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer, and technical information about Users means of connection to our Site, such as the operating system and the Internet Service Providers utilized and other similar information.
Web Browser Cookies
Our Site may use “cookies” to enhance User experience. Users’ web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. Users may choose to set their web browser to refuse cookies or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
Art and Loom collects and uses Users personal information for the following purposes:
To improve customer service
Your information helps us to more effectively respond to your customer service requests and support needs.To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.To improve our Site
We continually strive to improve our website offerings based on the information and feedback we receive from you.To process transactions
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.To administer a content, promotion, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.To share your information with third parties
We may share or sell information with third parties for marketing or other purposes.To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How We Protect Your Information
We adopt appropriate data collection, storage, and processing practices, and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information, and data stored on our site.
Sharing Your Personal Information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined above. We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third-Party Websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
Changes to this Privacy Policy
Art and Loom has the discretion to update this privacy policy at any time. When we do, revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
Your Acceptance of these Terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting Us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Terms & Conditions
Welcome to www.artandloom.com and other online locations such as Facebook and Twitter (each, a “Site” and collectively, the “Sites”) of Art and Loom., and its affiliates (collectively, “Art and Loom”). Art and Loom provides the Sites as a service to you subject to the following Terms of Use (“Terms”).
1. Acceptance of Terms of Use
Please carefully read and print the following Terms before each use of the Sites. By accessing and using each Site or placing an order on a Site, you acknowledge that you have read and understand and agree to be bound by these Terms, including the Disclaimer and Privacy Policy, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Sites or any of their content.
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITES AND THEIR CONTENTS ARE SUBJECT TO THE TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
Art and Loom may revise or update the Terms from time to time. You should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in the Terms take effect upon posting and only apply to use of the Sites after that date. Each time you access, use or browse a Site, you signify your acceptance of the then-current Terms. The communications between you and Art and Loom are electronic. You consent to receive communications from Art and Loom in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
2. Products and Services
The Sites provide an online platform for Art and Loom to offer and sell accessories and related products for rugs and carpets (the “Products”) and other services to users of the Sites or which Art and Loom may provide from time to time through the Sites (collectively, the “Services”). Unless otherwise prohibited by law, we reserve the right to change or substitute any Products offered for sale, and the prices or specifications of any Products, at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of Products sold or made available for sale on the Sites, and to decline any purchase. The Content, Products or Services on the Sites may be out of date or differ slightly from the actual products.
3. Permitted Users of Sites
In consideration of your use of the Sites, you represent that you are of an age to form a legally binding contract and you are not prohibited from receiving services under the laws of the United States or any other applicable jurisdiction. The Sites are directed to persons 13 years of age or older. Product sales on the Sites are directed to persons 18 years of age or older. Art and Loom and the Sites do not knowingly collect information from children under age 13. If you are under age 13, you are not permitted to use the Sites or to submit any personally identifiable information to the Sites. If you provide information to Art and Loom through the Sites, you represent that you are 13 years of age or older. If you are between 13 and 17 years of age, when you visit, browse and use the information on the Sites, you represent that you have the permission of a parent or guardian to do so and who agrees to these Terms on your behalf; you may post messages, but you may not submit any personal information. If you are a parent or guardian and believe Art and Loom may have inadvertently collected personal information from your child, please notify Art and Loom immediately by sending an email to samantha@artandloom.com.
4. Permitted and Prohibited Uses of the Sites
The content available through the Sites (“Content”) is the sole and exclusive property of Art and Loom and/or its licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Sites or Content other than as expressly authorized by Art and Loom in writing. Use of the Sites or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Sites by any means other than through a standard web browser in any media. The Sites and Content are provided solely for your own information and personal use. You may not publish, modify, distribute, perform, sell, resell, exploit, or create derivative works from any part of the Sites or Content unless expressly authorized by Art and Loom in writing. You agree that you will not remove, obscure or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or any marks or logos contained on the Sites or in the Content. Special terms may apply to some Products or Services offered on the Sites, or to any sweepstakes, contests, games, features, promotions or activities that may be offered on the Sites (the “Activities”). Such special terms (which may include official rules and expiration dates) may be posted in connection with the applicable Product, Service or Activity. By entering or participating in an Activity you will become subject to those terms or rules. We urge you to read the applicable terms or rules, which are linked from the particular Activity, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such Activity. Any such special terms or rules are in addition to these Terms and, in the event of a conflict, any such terms or rules shall prevail over these Terms.
5. Information Relating to Purchases
If you wish to purchase Products or obtain the Services described on the Sites, you will be asked by Art and Loom or a third party provider of the Product or Service to supply certain information applicable to your purchase, including, without limitation, credit card and other billing information. You understand that any such information will be treated by Art and Loom in the manner described in our Privacy Policy. You agree that all information that you provide to Art and Loom or such third party provider will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanism at the price(s) in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to your purchases.
6. Privacy Policy
Please review the Privacy Policy for the Sites. If you do not agree with the Privacy Policy, you are not authorized to use the Sites. The terms of the Privacy Policy are incorporated in these Terms by reference.
7. Account Password and Security
Some areas of the Sites may require you to register an account with us. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration for any reason or no reason. In registering or using this Site, you agree to provide, maintain, and update information that is true, accurate, current and complete about yourself when registering and on an ongoing basis. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, or if we suspect that any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Sites or your account. When you register to open an account on a Site, you will be given a username and required to select a password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password and your account, whether by you or others. You agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify Art and Loom of any unauthorized use of your password or account or any other breach of security. Art and Loom is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section. If you choose to make a purchase without opening or logging into an account, you may be asked to provide, or you may be assigned, a temporary password in connection with that transaction.
8. Proprietary Rights
You acknowledge and agree that, as between Art and Loom and you, all right, title and interest in and to the Sites and Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights, are owned exclusively by Art and Loom or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer or create derivative works of the Sites or any portion thereof. Copyright: All Content, such as text, graphics, videos, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Art and Loom or its licensors and content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Sites solely for your own information and personal use. Any other use, including without limitation the reproduction, modification, distribution, transmission, publication, display, performance or commercial exploitation of Content, is strictly prohibited. Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Sites are proprietary to Art and Loom or its affiliates or licensors. Without limiting the foregoing, ART AND LOOM®, Art and Loom.com®, and C in Circle Design™ are trademarks of Art and Loom’ affiliate, Art and Loom. Unauthorized use of any trademark of Art and Loom or its affiliates or licensors may be a violation of applicable trademark laws. Any third party names or trademarks referenced in the Sites do not constitute or imply affiliation, endorsement or recommendation by Art and Loom of the third parties, or by the third parties of Art and Loom.
9. Your Indemnity of Art and Loom
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD ART AND LOOM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, FRANCHISEES, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE SITES OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE SITES, OR YOUR SUBMISSION(S) OR ANY OTHER MATERIALS YOU SUBMIT TO US OR TRANSMIT TO THE SITES; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF ART AND LOOM OR ANY THIRD PARTY; AND (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR ANY OTHER PERSON ACCESSING THE SITES USING YOUR ACCOUNT.
10. User Generated Content Communications Services: The Sites may contain blogs, chat areas, forums, comments, rankings, communities, calendars, Activities and/or other message or communication facilities designed to enable you and others to communicate with other Site users or Art and Loom (collectively, “Communication Services”). You acknowledge that your submissions to the Sites may be or become available to others on the Sites and elsewhere. You agree only to post submissions or send and receive messages and materials that are appropriate, not confidential or private, and related to the particular Communication Service. You are responsible for the submissions you make or post to the Sites. You should only provide submissions that you are comfortable sharing with others under these Terms. Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Art and Loom reserves the right to determine what types of conduct it considers to be inappropriate use of the Sites. In the case of inappropriate use, Art and Loom may take such measures as it determines in its sole discretion. By way of example, and not as a limitation, you agree that you will not:
a. Use any Site or Content for any purpose or to take any actions in violation of local, state, national or international laws, regulations, codes or rules.
b. Violate any code of conduct or other guidelines which may apply to any particular Communication Service.
c. Take any action that places an unreasonable or disproportionately large load on a Site’s infrastructure or otherwise that may adversely affect performance of the Sites or restrict any other user or Art and Loom from using or enjoying the Communication Services or the Sites.
d. Use a Site for unauthorized framing or linking, or via automated devices, bots, agents, crawl, scraping, scripts, intelligent search or any similar means of access to Content.
e. Aggregate, copy, duplicate, publish or make available any Content to third parties outside the Sites in any manner.
f. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others, or impersonating anyone else or misrepresenting your identity of affiliation.
g. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, harassing, infringing, obscene, indecent or unlawful topic, name, material, content or information.
h. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
i. Upload or transmit files that contain viruses, mal-ware, disabling code, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
j. Use a Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
k. Harvest or otherwise collect information about others, including without limitation email addresses or other contact information, without their consent, or hack or violate any security measures.
l. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
m. Engage in any other action that, in the judgment of Art and Loom, exposes it or any third party to potential liability or detriment of any type.
User Materials: Any content or views submitted or otherwise made available by users through the Sites (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. Art and Loom does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Art and Loom be liable in any way for any User Materials. You acknowledge that Art and Loom may or may not pre-screen User Materials, but that it has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via a Site. Without limiting the foregoing, Art and Loom has the right to delete or remove any User Materials that violate the Terms or are otherwise objectionable in Art and Loom’ sole discretion. Art and Loom shall have no liability for such deletion or removal. By viewing this site, you agree that such viewing and reading does not violate the laws or standards imposed by your town, city, state or country. You understand that by using a Site, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Sites.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via a Site (“Submission”). All Submissions are subject to these Terms. Art and Loom is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion. By making a Submission, you represent and warrant that your Submission is true, accurate and not misleading; that you own all right, title and interest, including copyright, to your Submission, and that your Submission is your own original work; that your Submission does not include the trade secret or confidential information of others, and does not infringe any other person’s or entity’s rights; and that you and any other person or entity (or its owner) mentioned or shown in your Submission hereby release and hold harmless Art and Loom and its designees from and against any and all claims concerning Art and Loom’ or its designees’ use, modification or distribution of the Submission or any part thereof. You must hold all necessary releases, licenses and consents concerning the contents of your Submission and rights to post, distribute, or transmit your Submission. You agree that you will evaluate and bear all risks associated with your Submission and any disclosure in your Submission. Submissions will be available to Site users and to users of other websites and services. By making a Submission, you grant Art and Loom and its affiliates, licensees, assignees and designees an irrevocable, assignable, transferable, fully sub-licensable (through multiple levels of sublicenses), perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform, publicly display and create derivative works of your Submission (in whole or in part), along with your name or any part thereof, your city/town/village of residency, and other information from your user profile, in Art and Loom’ sole discretion, on the Sites or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, marketing, review, recommendation, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and waive, release, and hold Art and Loom and its affiliates, licensees, assignees and designees harmless against any and all claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
11. Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
Art and Loom may, in its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Art and Loom’ Copyright Agent a Notice containing the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Sites (providing URL(s) in the body of an email is the best way to help Art and Loom locate content quickly);
d. your name, address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Art and Loom’ Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached by sending an email to samantha@artandloom.com
12. Links to Other Websites
The Sites may contain advertisements, postings and links to websites operated by other parties. The Sites provide these advertisements, postings and links as a convenience, and your use of other sites, Products or Services is at your own risk. The advertisements, postings and linked sites are not under the control of Art and Loom which is not responsible for their content. Such advertisements, postings or links or references to third party goods or services do not imply endorsement of information, material, Products or Services of any third party or on any other site. Art and Loom disclaims all liability with regard to your access to and use of such information, material, Products or Services or transactions with such linked websites or third parties. You acknowledge and agree that Art and Loom shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. ART AND LOOM ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.
13. Modifications to the Sites, Products, Services or Activities
Art and Loom reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Sites, Products, Services or Activities or any portion thereof, with or without notice. You agree that Art and Loom will not be liable to you or to any third party for any modification, suspension or discontinuance of a Site, Product, Service or Activity. You should retain copies of your Submissions that you may want to save and not rely on the Sites to preserve your Submissions.
Suspension and Termination Rights Art and Loom reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Sites, Products, Services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Art and Loom shall not be liable to you or any third party for any such suspension, discontinuance or termination.
14. THE SITES AND CONTENT AND ALL INFORMATION, CONTENT, SERVICES, PRODUCTS AND ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE SITES, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ART AND LOOM AND ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, ACTIVITIES AND MATERIALS, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE FOREGOING, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW. YOUR USE OF THE SITES AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Sites is free of viruses or other harmful code.
15. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ART AND LOOM AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITES, USE, INABILITY TO USE OR PERFORMANCE OF, OR THE INFORMATION, CONTENT, PRODUCTS, SERVICES, ACTIVITIES OR MATERIALS AVAILABLE FROM OR THROUGH THE SITES. IN NO EVENT SHALL ART AND LOOM OR ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SITES, PRODUCTS, SERVICES OR ACTIVITIES, (B) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITES, (C) ANY LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF A USER’S TRANSMISSIONS OR DATA, OR (D) PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, EVEN IF ART AND LOOM OR ANY OF THOSE ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A USER WHO HAS MADE A PURCHASE WITH US PREVIOUSLY, AND ARE DISSATISFIED WITH ANY PORTION OF THE SITES, PRODUCTS, SERVICES, ACTIVITIES OR THESE TERMS, THE MAXIMUM TOTAL AGGREGATE LIABILITY OF ART AND LOOM OR ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS AND RELATED PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITES OR CONTENT, INFORMATION, MATERIALS, PRODUCTS, SERVICES OR ACTIVITIES ON OR THROUGH THE SITES SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO ART AND LOOM, IF ANY, FOR ANY PRODUCTS OR SERVICES PURCHASED BY YOU FROM THIS SITE.
WITHOUT LIMITING THE FOREGOING, IF YOU ARE A USER WHO HAS NOT MADE A PURCHASE WITH US PREVIOUSLY, AND ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND TERMINATE YOUR DEALINGS WITH ART AND LOOM.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
16. Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is Art and Loom. “Art and Loom”, 917-767-0078. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to samantha@artandloom.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
17. Governing Law and Disputes
These Terms shall be governed by, and will be construed in accordance with, the laws of the State of Florida, U.S.A., without regard to choice of law principles. You irrevocably agree that the federal and state courts located in or for Miami, Florida U.S.A., are the sole and exclusive forum and venue for any dispute, as the most convenient and appropriate to address any disputes, and you agree to submit to the jurisdiction and venue of such courts. You agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. The Sites are controlled within the state of Florida, U.S.A., and directed to individuals residing in the United States. Those who choose to access the Sites from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Art and Loom does not represent that the Sites or Content are appropriate outside the United States. Access to this Site from jurisdictions or territories where the Contents of this Site are illegal or penalized is prohibited. Art and Loom has no obligation to provide access to the Sites, Products, Services or Activities and reserves the right to limit the availability of the Sites to any person, geographic area or jurisdiction at any time in its sole discretion.
18. Force Majeure
Art and Loom shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, severe weather conditions, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.
19. Miscellaneous
These Terms set forth the entire understanding and agreement between you and Art and Loom with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Art and Loom’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or your rights or obligations under these Terms without the prior written consent of Art and Loom, and any assignment or transfer in violation of this provision shall be null and void. Art and Loom may assign, transfer, sublicense or delegate our rights or obligations under these Terms either in whole or in part, at any time, at our sole discretion, and without your consent. There are no third party beneficiaries to these Terms. No joint venture, partnership, shareholder, employment or agency relationship exists between Art and Loom and you as a result of agreeing to these Terms or your use of the Sites, Products, Services or Activities.
20. By placing an order for the purchase of product at www.artandloom.com, customer represents that customer has the authority to both place and direct payment for the order. If customer is paying for their order via credit/charge card, customer represents that customer is an authorized user of the credit/charge card and authorizes Art and Loom. “Art and Loom” to charge the credit/charge card provided by customer in the amount specified at checkout prior to completion of order. Customer agrees not to dispute the payment with its credit card company; so long as the transaction corresponds to the terms provided at checkout.
21. Questions? Please direct any questions you may have about these Terms, technical questions or problems with the disclosure of any Sites, or comments or suggestions to Art and Loom at samantha@artandloom.com
www.artandloom.com
info@artandloom.com