This website is operated by Sackcloth & Ashes LLC. Throughout this Agreement we use the terms “we”, “us”, “our”, or the “Company” to refer to Sackcloth & Ashes LLC. We refer to any person accessing or using this website as “You,” or the “User.” The following terms and conditions, together with any other legal agreements we reference (we call all of these the “Agreement”), govern your access to and use of our website, services, features, content, and applications offered by us and found at www.sackclothandashes.com (collectively the "Website” or “Services”), whether as a guest or a registered user.
This Website is offered and available to users who are 13 years of age or older. By using this Website to order products, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
www.sackclothandashes.com is a marketplace for expertly handcrafted blankets. By purchasing one of our blankets you will be helping to provide warmth and comfort to one of the homeless shelters in your local area (note: for international sales, we will donate to a homeless shelter in the continental US due to prohibitive international shipping costs). The website also provides media content related to our purpose.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, collectively the “Content”), are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide social media features in connection with certain content, you may take such actions as are enabled by such features.
- You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
- Decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content, or otherwise distribute in any way the Content other than as specifically permitted in this Agreement.
- Access, or use, for any commercial purposes, any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or reuse any material, which does not comply with the Content Standards set out below.
- To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Image and Video
We may display images, audio, and video (the “Material”) on the Website from time to time. The types of Material Users are authorized to access on the Site includes Material commissioned by the Company, embedded Material, Material we believe to be covered by the Fair Use Doctrine, Material from photographic archive and video vendors, and Material supplied to our staff or released into the public domain by public relations and marketing companies for press purposes.
Copyright Infringement Notices
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will remove any Content if properly notified that such Content infringes on your intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice.
If we publish or are hosting Content that you think infringes your copyright, please email us at email@example.com and we will address your concerns.
If the Content falls into one of the categories listed above under Image and Video, we believe that our use is legitimate and we may not remove it from the site. If you have corresponded with the Company directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication by email to firstname.lastname@example.org with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
- For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
- Provide information reasonably sufficient to permit us to contact you - an email address and/or telephone number is preferred.
- For images, provide the following to substantiate your claim to ownership of the copyright in the allegedly infringing image:
- Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document and email it to email@example.com.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on www.sackclothandashes.com infringes your copyrights.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by our Terms of Sale below:
Once you place your order, you will receive an automated email confirming your order with a tracking number.
After placing your order, you have 12 hours in which to cancel before we will begin the process to ship your product. Note that international shipping times vary significantly. Please contact us at firstname.lastname@example.org for accurate shipping information.
We do not cover duties and import taxes.
Once you receive your order, you have 7 days in which to return it for a full refund (we don’t pay return shipping costs). Items returned must be in as-new condition. Once we have received your returned item we will process and issue your refund to the card you used to pay for the product.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part, without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as we provide them, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you if done so with malicious or wrongful intent.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Oregon in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. No data transmission over the Internet can be guaranteed to be 100% safe. Thus, we cannot warrant that your information will be absolutely secure. The Company has a variety of safeguards – technical, administrative, and physical – in place to help protect against unauthorized access to, use, or disclosure of user information. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability
In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
If you have any issue or dispute with the Company, you agree to first contact us at email@example.com and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in Polk County. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these terms, you and the company are each waiving the right to a trial by jury or to participate in a class action.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by Sackcloth & Ashes LLC.
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to firstname.lastname@example.org.
Sackcloth & Ashes LLC ("Company," "we," or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.This policy describes the types of information we may collect from you, either directly through our website at www.sackclothandashes.com (our "Website"), or on or through our service provider platform, Shopify, which enables our website’s functionality. The Policy also describes our practices for collecting, using, maintaining, protecting and disclosing that information.
This policy applies to information we collect:
On this Website or through Shopify.
In e-mail, text, and other electronic exchanges between you and this Website.
It does not apply to information collected by:
Use offline or through any other means, including on any other website operated by Sackcloth & Ashes LLC or any third party (including our affiliates and subsidiaries);
Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from, or on, the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only choice is to refrain from using our Website. By accessing or using this Website, you agree to this Policy. This Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be your acceptance of those changes, so please check the Policy periodically for updates.Children Under the Age of 13Our Website is not intended for children under 13 years of age. No one under the age of 13 may provide any personal information to, or on, the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website, or on or through any of its features/functionality, make any purchases through the Website, use any of the interactive or public comment features that may be available on this Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use.If we learn that we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
If you believe we might have any information from or about a child under 13, please contact us at email@example.comTypes of Information We CollectWe collect several types of information from and about users of our Website, including information:By which you may be personally identified, such as your first and last name, e-mail address, home or postal address, date of birth, and telephone number ("Personal Information");About your Internet connection, screen resolution, browser type, the equipment you use to access our Website, and usage details.How We Collect This Information
Information You Provide to Us:
The information we collect on or through our Website may include:Information that you provide by filling in forms on our Website.
This includes information provided at the time of purchase, subscribing to our newsletter or marketing emails, or requesting further assistance.. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including e-mail addresses), if you contact us.Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website to the extent that you disclose to us any personal information of another individual, we assume that you have obtained such individual’s consent for the disclosure of such personal information as well as the processing of the same in accordance with the terms of this Policy.
Information We Collect Through Automatic Data Collection Technologies:
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
Details of your visits to our Website, including traffic data, location data, logs and other communication data, and the resources that you access and use on the Website.Information about your computer and Internet connection, including your IP address, operating system and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Click here for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.“Do Not Track” is a preference you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. We do not currently respond to, or honor, Do Not Track signals or requests from your browser.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:Estimate our audience size and usage patterns.Store information about your preferences, allowing us to customize our Website according to your individual interests.Speed up your searches.Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Web Beacons. Pages of our Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an e-mail] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To process your orders.
To provide you with information, products, or services that you request from us.
To provide you with notices about your account or newsletter subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.In any other way we may describe when you provide the information.
To fulfill any other purpose for which you provide it.For any other purpose with your consent.
We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please uncheck the relevant box located on the form on which we collect your data (the order form/registration form).
How We Disclose Your Information
We will not disclose your personal information other than as described below.
We may disclose aggregated, anonymized, and/or non-identifying information about our users without restriction. We may disclose personal information that we collect or that you provide:
To our subsidiaries and affiliates.
To contractors, service providers and other third parties we use to support our business.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our
Website users is among the assets transferred.To fulfill the purpose for which you provide it.For any other purpose disclosed by us when you provide the information.
With your consent.We may also disclose your personal information:
To comply with any court order, law or legal process, including to respond to any government or regulatory request.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Sackcloth & Ashes LLC, our customers, or others. This may include exchanging information with other companies, organizations, and law enforcement for the purposes of fraud protection and credit risk reduction.Your Choices About How We Use and Disclose Your InformationWe strive to provide you with choices regarding the personal information you provide to us.
The following mechanisms should help to provide you with control over your information:
Promotional Newsletter from the Company.
If you do not wish to have your e-mail address used by the Company to promote our own or third parties' products or services, you can opt-out by unchecking the relevant box located on the form on which we collect your data, or at any other time emailing us. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
Accessing and Correcting Your Information:
You can review and change your personal information by logging into the Website and visiting your account profile page.
You may also send an e-mail to firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us.
We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.Your California Privacy RightsCalifornia Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.
To make such a request, please send an e-mail to email@example.com.
Data SecurityWe have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. We limit employee access to our servers to ensure that your information is not viewable by any unauthorized parties. Additionally, we will not view your personal information unless it is necessary to complete your transaction, we receive your prior permission, or unless required to by law.
All payment transactions are encrypted using SSL technology. We use PayPal as a payment gateway, so we do not have access to your credit card details.The safety and security of your information also depends on you.
Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website.
Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Information About You and Your Visits to the Website
Notice to Users from the European Economic Area (“EEA”)