TERMS AND CONDITIONS
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Please read these Terms and Conditions carefully before using the Heck Yes Sew Co website operated by Heck Yes Sew Co, LLC. Heck Yes Sew Co, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The terms “we”, “us”, and “our” refer to Heck Yes Sew Co, LLC (“Company”). Unless we state otherwise, these Terms and Conditions (“Terms and Conditions”) apply when you visit or use the Company website, wwww.heckyessewco.co, (“Site(s)”) or use or purchase our products (quilt patterns, digital downloads, or physical products) (“Product(s)”). The term “user,” “customer,” “you” and “your” refers to visitors and users of the Site and customers of our Products.
By using our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions, our Privacy Policy or any other agreement that governs your use of our Site and/or Products (collectively, “Agreements”). These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. You should not use our Site and/or Products if you do not agree with the terms and conditions contained in these Agreements.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
USE OF THE SITE OR PRODUCTS
To access or use the Site and/or Products, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Minors are prohibited from using the Site and/or Products.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
LAWFUL PURPOSES
You may use the Site and/or Products for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Products for legitimate purposes only. You shall not post or transmit through the Site and/or Products any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
PRODUCTS
Product Description
While we try to be as clear as possible in explaining the Products, please do not accept the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
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USER COMMENTS AND FEEDBACK
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the Site and/or Product-related forums, calls, or otherwise, for the purposes of marketing or promoting the Company’s Site and/or Products.
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ERRORS, INACCURACIES, AND OMMISIONS
Occasionally there may be information on our site or in the Terms and Conditions that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Terms and Conditions or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Terms and Conditions or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Terms and Conditions or on any related website, should be taken to indicate that all information in the Terms and Conditions or on any related website has been modified or updated.
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INTELLECTUAL PROPERTY POLICIES
The Site and/or Products contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Products, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Products without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Heck Yes Sew Co, LLC, or any representatives be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
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THIRD PARTY WEBSITE AND RESOURCES
The Site and the Products contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Products. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
AFFILIATE LINKS
From time to time, Company may include affiliate links on its Site and/or Products. This means that if you purchase an item using an affiliate link, the Company may earn a small commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site and/or Products. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
ENTIRE AGREEMENT
These Agreements (i.e., this Terms and Conditions, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Site and/or Products) constitute the entire agreement between you and the Company with respect to the Site and/or Products and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and/or Products.
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
TERMINATION
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. We reserve the right to refuse access to the Site and/or Products to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site, without refund, if you violate these Terms and Conditions or other Agreements governing your use of the Site and/or Products.
GOVERNING LAW
These Terms of Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Creswell, OR, 97426, United States.
OUR PRIVACY POLICY
Please review our Privacy Policy.
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CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms of Service at any time at this page. We reserve the right to update any portion of our Site and/or Products, including these Terms and Conditions at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. If you have provided us your email address, we will also email you to let you know of material amendments to our Terms and Conditions. Any use of the Site and/or Products by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
HOW TO CONTACT US
If you have any questions about these Terms and Conditions, please contact us at the following:
Heck Yes Sew Co, LLC.
Email Address: hello@heckyessewco.com
Effective as of September 18th, 2022.