Terms & Conditions of Use for arrowsewing.com Thank you for visiting arrowsewing.ca. We encourage you to spend some time on our website and fulfill your creative needs. Please review the following Terms and Conditions of Use (the “Terms”) carefully before using arrowsewing.ca and before purchasing products or services (the “Product”), or obtaining content from our website. These Terms contain an arbitration clause, a class action waiver, and other important information about your rights and obligations, as well as limitations and exclusions that may apply to you. Our website is provided to you, the user, by Arrow Companies, LLC. Whenever we use the words “we,” “our,” “Arrow,” “us,” or “Company,” we are referring to Arrow Companies, LLC. Whenever we use the word “website,” we are referring to our website, www.arrowsewing.ca. These Terms are divided into the following sections: Privacy Policy Agreement to Terms and Conditions of Use Dispute Resolution and Arbitration Agreement Class Action Waiver Changes to the Terms Users Must Be Legal Age of Majority Compliance with Laws Not Responsible for Errors Intellectual Property Colors Discontinued Product Disclaimer of Warranties Other Websites Company’s Use of Information Provided by the User Comments Use of Tools Sold on our website Gift Cards Information and Press Releases Copyright – Copyright Infringement Notification Changes to our website Miscellaneous Return Policy SMS Text Messages Custom Furniture and other Custom Products Communications Updates Privacy Policy Our Privacy Policy, as it may change from time to time, is a part of these Terms. By agreeing to these Terms, you acknowledge that you have read and understood our Privacy Policy, and that you agree with it. Agreement to Terms and Conditions of Use These Terms apply to your use of our website. These Terms also apply to your purchase of Product sold on our website. By using our website, accessing information on our website, ordering Product or accepting delivery of Product, it means that you have read, understood, and agreed to these Terms, and it forms a legally binding agreement to these Terms. These Terms constitute the entire and only agreement between Company and you regarding your use of our website. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of our website, or your purchase of Product, are specifically disclaimed and superseded by these Terms. Parents, guardians and other legal representatives agree to these Terms on behalf of their minor children who use the website. If you do not agree with these Terms, or if you disagree with specific parts of these Terms, then do not use our website. Your continued use of our website means that you have agreed to the Terms. You cannot use our website, and at the same time object to these Terms. Your use of our website is at your sole risk. Your use of Company’s application (“App”) on smartphones, tablets, and other devices is also covered by these Terms. Any reference to “website” also includes the App, as applicable. By signing up for Company’s App, you consent to receive “push” notifications from Company. Message and data rates may apply to these notifications. If you do not want to receive these notifications, then you must stop using the App and un-install the App from your device. Dispute Resolution and Arbitration Agreement Any dispute or claim arising out of, or relating in any way to, these Terms, your visit to the website, or to any purchase, return or other transaction with Company (including claims relating to our advertisements and disclosures, email and mobile SMS messages (texts) sent by Company, or Company’s collection or use of your information) (“Dispute”) must be resolved through binding arbitration, rather than in court. In lieu of arbitration, either you or Company may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply. “Dispute” includes any claim or controversy related to us, or to our relationship with you, including any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before your use of the website; (3) claims that arise after the expiration or termination of these Terms or your use of the website ends, and (4) claims that are the subject of purported class action litigation. Any party who intends to seek arbitration must first try in good faith to resolve the Dispute by providing to the other side a written notice describing the facts and circumstances of the Dispute and the specific relief sought, and including any supporting documentation. The notice must be mailed via certified or registered mail to Company at: Arrow Companies, LLC, 208 E Morrissey Drive, Elkhorn, WI 53121; or to you at your last-used billing address or the billing or shipping address in your online profile. If we are unable to reach settlement within 60 days, then, upon notice to the other party (or parties), any party may begin arbitration. If you are a resident in the United States or any other jurisdiction except Canada, you agree that the Federal Arbitration Act and federal arbitration law apply to this agreement, and that any arbitration under this agreement will be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then-applicable AAA Commercial Arbitration Rules and Mediation Procedures, which are available at www.adr.org, or by calling 1-800-778-7879. If you are a resident in Canada, you agree that any controversy or claim arising out of or relating to this contract, or the breach thereof, will be resolved by the Arbitration Rules of the ADR Institute of Canada, Inc., and that the arbitration will be in English. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis similar damages and relief as a court (including injunctive and declaratory relief or statutory damages). The arbitrator’s award will be binding and may be entered as a judgement in any court of competent jurisdiction. You may choose to have the arbitration conducted by telephone or video conference, based on written submissions, in person in the county where you live, or at another mutually agreed location. If there is a conflict between this arbitration provision and the AAA rules, this arbitration provision governs. If the AAA will not administer a proceeding under this arbitration provision as written, the parties will agree on a substitute arbitration organization. If the parties cannot agree, the parties will mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will resolve the Dispute. All arbitrations will proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court; however, any relief must be individualized to you and will not affect anyone else. Notwithstanding the foregoing, if in any manner you have violated or threatened to violate any of Company’s intellectual property rights, we may bring suit in any state or federal court in Wisconsin, or, if you are a resident of Canada, in the Courts of the Province of Ontario sitting in the City of Toronto. You consent to exclusive jurisdiction and venue in these courts. This section will survive after the Terms of Use terminate or your use of the website ends. Class Action Waiver You and Company agree that any Dispute resolution proceedings must be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. If a court determines that applicable law prevents enforcement of any of these limitations as to a particular cause of action, then that cause of action, and only that cause of action (the “Severed Claim”) will remain in court and will be severed from arbitration. Arbitration will continue for all other claims that are part of the Dispute, and the Severed Claim will be stayed until the arbitration concludes. If any jurisdiction requires that a claim for public injunctive relief cannot be waived, then such claim is not waived, and it is deemed to be a “Severed Claim” that will be tried by a court after arbitration of the other claims that are a part of the Dispute concludes. If this Section is found to be void or unenforceable, the Dispute will be resolved in state or federal court rather than in arbitration. This section will survive after the Terms of Use terminate or your use of the website ends. Changes to the Terms (a) We reserve the right to change these Terms at any time, without prior notice to you or to other users of our website. Your continued use of our website after the Terms are changed constitutes your agreement to the changes that were made, and your continued agreement to be bound by these Terms, as so changed. At the bottom of these Terms you can find the date that the Terms were last changed. (b) Access to our website and the use of information, materials, products, or services provided through our website, is not intended, and is prohibited, where such access or use violates applicable laws or regulations. Users must be Legal Age of Majority Our website is a business website designed for persons who have reached the age of majority in the state, province or territory in which they reside. Any user of our website represents to us that he or she has reached the legal age of majority in the state, province or territory in which they reside. If you are between ages 13 and the legal age of majority, and continue to use our website, then your parent / legal guardian represents to us that he or she consents to these Terms on your behalf, and that she or he consents to your use of our website. A parent / legal guardian of a child between ages 13 and the legal age of majority is solely responsible for their child’s use of this website, including all financial charges. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit or post any information, including personally identifying information, on our website. Under no circumstances may anyone under age 13 use our website, except to browse. Compliance with Laws (a) The material on our website is intended only for personal use. No part of any content, form, project, pattern, design, written instruction, image, photograph, text or document accessible at our website may be incorporated into any information retrieval system, whether electronic or mechanical. (b) When you use our website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (4) place an undue burden on the software and hardware used with our website, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our website; or (7) modify or alter any part of our website. (c)The posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be a criminal offense or violation of any law, is prohibited. (d) You agree to comply with all applicable laws and regulations of the 50 states, of the United States, of Canada, and the applicable provinces and territories of Canada. You agree and represent to us that you are not buying Product for export outside the United States, unless you are located in Canada and shipping directly to Canada, in which case you agree and represent to us that you are not buying Product for export outside of Canada. (e) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to our website for any reason, at any time, without notice. Not Responsible for Errors (a) Our website may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice to you. Corrections or updates may occur after you have submitted an order from our website. In that event, we will attempt to contact you with the correct information before processing your order. If we are unable to contact you with the correct information, then you may return the item according to our return policy. If an item is listed on our website at an incorrect price or with incorrect information, then at our sole discretion we reserve the right: (1) to refuse orders for that item, (2) to contact you for instructions, or (3) cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from our website. We apologize for any inconvenience that this may cause you. (b) PRICES AND SELECTION ON OUR WEB SITE MAY VARY FROM THE PRICES AND SELECTION IN OUR CHANNEL PARTNER RETAIL LOCATIONS AND WEBSITES. IN ADDITION, CUSTOMERS OF COMPANY MAY SEE DIFFERENT PRICES AND SELECTION FROM OTHER SALES CHANNELS. WE WILL HAVE NO LIABILITY FOR ANY PRICE DIFFERENCES, NOR ANY LIABILITY FOR ANY DIFFERENCES IN SELECTION. (c) Your order(s) is subject to cancellation by us, at our sole discretion. Intellectual Property (a) The content, text, organization, selection and arrangement of elements, graphics, design, compilation, magnetic translation, digital conversion, and all other matters related to our website, including without limitation, the “look and feel” of our website, are protected under applicable copyrights, trademarks, and other proprietary rights and are our property, or are included with the permission of the owner, and are protected under copyright and trademark laws. You do not acquire ownership rights when viewing this website. All software used on this website is the property of Company or its software suppliers and is protected by U.S. and international copyright laws. (b) All logos, product names, page headers, custom graphics, button icons, trademarks, service marks, trade dress, and trade names displayed, cited or otherwise indicated on our website are trademarks of ours, our affiliates, or of other third parties. The copying, redistribution, use or publication of our marks or any third party marks is prohibited. Colors Colors are not guaranteed. Due to color variability in computer and screen monitors, we have no liability if colors of the Product do not match their display on our website. Discontinued Product We reserve the right to change and discontinue Product at any time without notice to you, and this may affect information saved in any sales through an online cart. We may substitute Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described on the website are possible. Disclaimer of Warranties (a) WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE OPERATION OF OUR WEBSITE AND THE INFORMATION, CONTENT, MATERIALS AND PRODUCTS INCLUDED ON OUR WEBSITE. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT. OUR WEBSITE IS OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS. NOTE: The above disclaimers do not apply to any product warranty offered by the product manufacturer. (b) You assume total responsibility for establishing procedures for data back up and virus checking as you consider necessary. (c) Craft-making, scrapbooking, sewing, quilting, knitting, and the other activities included in our website are highly individualized pursuits, with project results varying widely, depending upon the type of supplies used and the skill level and creative ability of the maker. We do not guarantee the results of any pattern, instruction, design or project presented on our website, and we disclaim all liability for unsatisfactory results. Other Websites Our website may provide a link or advertisement to another website that is operated by a third party. We provide these links for your convenience, and we do not endorse such other website or its contents. We have no control over, and do not review, these websites or their content. Under no circumstances will the Company be responsible or liable, whether directly or indirectly, for any loss caused or allegedly caused by these other websites, including, without limitation, their content, the goods and services offered by them, or your reliance on them. We have not investigated, monitored or checked these other websites for accuracy, completeness, or conformance with applicable laws and regulations. If you leave this website and access these other websites, you do so at your own risk, and the rules and policies of the other websites will apply to you while you are on their websites. Company’s Use of Information Provided by the User We reserve the right, and you authorize us, to use all information regarding your use of this website and all information provided by you to this website or provided or submitted by you to Company through any other means, such as social media (e.g. Facebook, Instagram) or other social or sharing platforms or technology, now known or hereafter developed, consistent with our Privacy Policy. By submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted to us, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and incorporate it in other works in any form, media or technology now known or hereafter developed, without compensation to you or to such other owner. You also permit any other user of the website to access, view, store, or reproduce the material for that user’s personal use. You grant the Company the right to edit, copy, display, publish and distribute any materials made available on the website by you, without compensation to you. By submitting material to us, or making materials available on the website, you irrevocably waive your, or warrant that the owner of such material has waived his or her, moral rights in the materials. Comments Some portions of our website enable users to post reviews of, and make submissions and comments regarding various products, projects and information contained on our website. If you submit material to our website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully licensable right to use, publish and display your submissions throughout the world in any media. We will not pay you or any person for any information that you provide to our website. You also grant Company and our licensees the right to use the name that you submit with your submission in connection with that submission. You are solely responsible for the content of your submissions. We assume no liability for any content submitted by you. You agree that you have no expectation of privacy with regard to any content that you submit. Use of Tools Sold on our Website The proper and safe use of a crafting tool or product requires following the instructions of the product manufacturer. Some craft products are not safe for use (or, in some instances, unsupervised use) by children. For more specific warnings and other valuable information about the proper use of crafting tools, please see the instructions accompanying the crafting tool or product. Gift Cards When you purchase a gift card, either electronic or physical card, the following terms will apply: Terms and Conditions of Use: This card issued in U.S. dollars. This card can be used only for purchase of merchandise or services online at arrowsewing.com. This card is not redeemable for cash and no change will be given, unless required by law. Treat this card like cash. Lost, stolen or damaged cards are replaced only with valid proof of purchase to extent of remaining balance. Issued by Arrow Companies, LLC Elkhorn, WI. For balance inquiry, call toll-free 1-800-533-7347 any time. Information and Press Releases Our website contains information about our Company and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases. Copyrights and Copyright Agent – Copyright Infringement Notification The following is provided pursuant to the requirements of the DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) designating the Company’s agent for the notification of claims of infringement pursuant to Section 512(c) of the Copyright Act, 17 U.S.C. §§ 101 et seq. If you believe that content available on or through the Web site infringes one or more of your copyrights, please immediately notify the Company’s Copyright Agent by mail at the respective addresses below (each a “Notification” and collectively, “Notifications” providing the information for a Notification as described below. A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Web site infringes your copyright, you should consider first contacting an attorney. All Notifications should include the following: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Web site are covered by a single Notification, a representative list of such works at that site. (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity (“Infringing Material”) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company or other party identified in the Notification as a “service provider,” as such term is defined under the DMCA, to locate the Infringing Material. (d) Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. (e) A statement that the complaining party has a good faith belief that use of the Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (f) A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications should be sent to the following: By mail: Jerry Voors, President/Member, Arrow Companies, LLC, PO Box 410, Elkhorn, WI 53121; By phone: 1-262-724-8822; By email: [email protected]. We have a policy of terminating access, usage or subscription to the website, as the case may be, for repeat infringers in appropriate circumstances. Changes to our Website We have the right, in our sole discretion, to refuse, modify or remove any material submitted to or posted on our website and to terminate, change, or suspend (temporarily or permanently) any aspect of our website (or the entire website) at any time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability, to remove any material, including goods for sale, which we find, in our sole discretion, to be objectionable or in violation of these Terms. Miscellaneous (a) If you are a resident in the United States or any other jurisdiction except Canada, you agree that the Federal Arbitration Act, applicable federal law, and the laws of Wisconsin, will govern any proceeding relating to these Terms, your use of our website, or your purchase of Product, without giving effect to any conflict of law provisions. If any claim is found not to be subject to arbitration, then normal choice-of-law rules will apply to any proceeding brought in state or federal court. (b) The language in these Terms will be interpreted as to its fair meaning and not strictly for or against either party. If any part of these Terms is held invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect. To the extent that anything in or associated with our website or Product is in conflict or inconsistent with these Terms, these Terms control. (c) Our failure to enforce any provision of these Terms is not a waiver of such provision, or of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms, your use of our website, or your purchase of Product. Return Policy All sales from our website are subject to our return policy. Please visit our return policy for more details. SMS Text Messages For details on Company’s text message and SMS program, please click here (https://www.attentivemobile.com/privacy). Custom Furniture and Other Custom Products When ordering custom furniture or other custom products on our website, you will have the opportunity to upload designs, artwork, photographs and other media (“Uploaded Material”) to our website. For all Uploaded Material, you represent and warrant that: (a) you own or have all necessary rights to all Uploaded Material (including trademark, copyright, moral, publicity, patent and other proprietary rights); (b) the Uploaded Material does not infringe, misappropriate or violate any patent, trademark, trade secret, copyright, intellectual property right, the right of publicity, or any other right of anyone; (c) the Uploaded Material does not contain any virus or malware, including any trap or back doors, time bombs, spyware, or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and (d) the Uploaded Material does not violate these Terms and will not negligently or willfully cause injury to any person or entity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL CLAIMS, SUITS, ACTIONS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES WHATSOEVER, INCLUDING REASONABLE ATTORNEYS’ FEES AND DIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, ARISING OUT OF, OR RELATED TO, ANY BREACH OF YOUR AGREEMENTS AND WARRANTIES AND ANY CLAIM OR ALLEGATION BY A THIRD PARTY THAT THE UPLOADED MATERIAL INFRINGES OR VIOLATES THE THIRD PARTY’S RIGHTS. Without limiting the foregoing, you agree that you will not, and the Uploaded Material will not: disrupt, interfere with, or damage (or attempt to do so) our website or any web sites linked to our website, including by using viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, or other methods or technology submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, or promotional materials; upload, post, transmit, share, store, collect, or make publicly available any personal or private information of any third party, including, addresses, phone numbers, and email addresses; intimidate or harass another person; collect, manually or through automated processes, information about other users or information relating to our website; engage in any activity that interferes with a third party’s ability to use or enjoy the website; use or attempt to use another’s account, or create a false identity on our website or; assist any third party in engaging in an activity prohibited by these Terms. You acknowledge and agree that we will have no duty or liability, direct or indirect, vicarious, contributory or otherwise, with respect to the infringement or protection of any copyrights or other rights in and to any Uploaded Material, and that we are not responsible for the loss, deletion, failure to store or mis-delivery of any Uploaded Material. Customizable products are created on demand upon purchase, and can be returned only if flawed or damaged. Please see our return policy for more details. Communications You agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt out — we don’t want to send you messages you don’t want. By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications to you electronically satisfy any legal requirements that such communications be in writing. You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at [email protected]. Updates These Terms were last updated in May 2021. Site Disclaimer Our Website may contain errors, may have missing information, or may not be up to date. We reserve the right to correct any errors or omissions, and to update information at any time without prior notice. Corrections or updates may occur after you have submitted an order from our Website. In that event, we will attempt to contact you with the correct information before processing your order. If we are unable to contact you with the correct information, then you may return the item according to our return policy. If an item is listed at an incorrect price or with incorrect information, then at our sole discretion we reserve the right to refuse orders for that item, contact you for instructions, or cancel your order and notify you of the cancellation. We reserve the right to limit quantities, even after you have submitted an order from our Website. We apologize for any inconvenience that this may cause you.
