Agreement between User and
and any other venue - such as 3rd party social media, associated vendors of the company (such as "apps" to run procedures on our domains) , etc - managed by
Sew Like A Rock Star, LLC and/or
Sew Much Nicer, LLC
Our online websites ("domains") & social media venues (the “Site”) is comprised
of various web pages operated by Sew Like a Rock Star, LLC and/or Sew Much Nicer, LLC (“Company”).
Our domains and any associated subdomains are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
Your use of any of our domains or other associated venues constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy
of them for your reference.
Our domains provide an E-Commerce Site(s) featuring the sales and distribution of sewing notions, patterns, sewing tutorials, and custom sewing
Visiting http://www.sewmuchnicer.com & https://sewlikearockstar.com or sending emails to Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Company will not abuse your data and only collects and stores information about User that is needed to provide basic service and account functionality. Users are internally identified through the use of provided email addresses that are kept hidden from other Site Users. You are also asked to provide your name so that your purchases may be linked to your User account. Your name and email address will never be revealed to other Users or displayed publicly on our domains. You must use your own discretion on any 3rd party services.
When you purchase any services or goods from Company your basic billing information (address, name, email) will also be stored with your account as both a convenience to you, and as a way for Company to identify its sales and customers. Credit card details or passwords to 3rd party payment sites such as PayPal, are not stored or retained by Company in any way.
Company may utilize the services of 3rd parties to assist with Site operation and features or to electronically mail customers with occasional newsletters or other relevant information pertaining to Site, products or customer service.
Company has entered into operating agreements with such 3rd party companies with the assurance and understanding that User information will not be displayed publicly or abused in any way. Such information is generally limited to name and email address.
These 3rd parties include, but are not limited to, "apps" for sales information and secure transactions, and Keap for electronically mailing Company newsletters and product information on behalf of Company, to those customers that have agreed to receive such mailings. These 3rd parties were selected by Company in part due to their good reputation with customer information protection and assurance of satisfactory measures to ensure secure data storage and information integrity.
Additional information in regards to privacy or operational procedures with the aforementioned or any other 3rd party companies used by Company to facilitate service and Site operation is available upon written request.
Company uses basic website visitor statistics tools such as Google Analytics in order to continually optimize/provide better services to the customer, identify problem areas within Site, determine how customers are interacting with Site, and to investigate when and where website abuse has occurred. These statistics include, but are not limited to the User’s country of origin, time of visit, IP address, and relevant referral information. Referral information may include 3rd party information provided by services such as Facebook Advertising, some of which may be stored securely on Company’s servers and is never sold or distributed to other 3rd parties.
Cookies and Information Collection
Site does not collect any information about the User other than what is voluntarily submitted in regards to account and personal data by the User. Any information about the User that is retained, is stored securely. Company will never sell, distribute, or transfer this information to any 3rd party that Company does not have a working contract with for Site features or electronic mailing. Cookies are used in order to allow the User to log in securely and also supports Site navigation, but are never used to collect information about the User outside of Site. Cookies are encrypted to prevent User information from being used maliciously by other websites.
Right to be Deleted
If you wish to delete your User account you may contact Company and request an account deletion. Company will delete your account, Site credentials, and terminate all services and agreements with the User within five business days. Certain documents or records containing identifying customer details, such as sales and transaction receipts for tax purposes, will be retained for internal use by Company but never distributed or displayed publicly.
Users who have actively and maliciously abused the Site, or have possibly engaged in unlawful or fraudulent actions against Company will not be able to request an account deletion, as Company reserves the right to retain and provide information regarding criminal behavior to authorities, or to be used as evidence in a legal investigation.
Social Media Services
Company utilizes 3rd party social media services such as Facebook, Instagram, Telegram, Twitter and others to facilitate Company announcements, engage in dialogue with customers regarding products and services, inform potential new customers of Company and its offerings, and to provide additional means of contact to customers.
We do not import lists of customers, each customer/member is required to opt in to the services and platforms that they desire to participate in.
If you wish to be removed from any of these Social Media lists or groups, or to no longer receive these communications, you must remove yourself.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Company is not responsible for third party access to your account that results from theft or misappropriation of your account. Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Company does not retain credit card numbers, etc. Therefore, any cancellation of subscriptions must originate from the member.
Children Under Thirteen
Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.sewmuchnicer.com & https://sewlikearockstar.com only with permission of a parent or guardian.
• All sales final on digital goods.
• Any subscription products must be managed by you - we do NOT have access to your financial account or credit card info. If you cause us to go in and manually cancel any subscription (which is a terribly burdensome mess from our end) we will charge you $50 for not doing it yourself.
• Reach us at support if you need help: firstname.lastname@example.org
• We are also available on zoom. See link at the top of sewing.school to hop on.
• Chargebacks are burdensome to us. Any chargeback due to any customer error incur a $50 handling fee in addition to any fees that were charged to the company for a chargeback event.
• The Company does not have access to any customer credit card numbers. Therefore, any transaction made on your account was authorized by you. Creating a chargeback to make up for a mistake or regret is deemed to be "friendly fraud" - a criminal act.
• Company will defend itself against any accusation of fraud by filling appropriate police reports in the customer's jurisdiction. Company also has contracted with a collection agency to deal with any losses and/or expenses, including those due to "friendly fraud".
• Attempting chargebacks after already downloading digital goods is considered theft. Company has the right to file police reports for such activity.
Please see other "Refund Policy" page for more details & explanation.
Links to Third Party Sites/Third Party Services
Our domains may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the site or any association with its operators.
Certain services made available via our domains are delivered by third party sites and organizations. By using any product, service or functionality originating from our domains, you hereby acknowledge and consent that Company may share such information and data with any third party with whom Company has a contractual relationship to provide the requested product, service or functionality on behalf of our domains, users, and customers.
No Unlawful or Prohibited Use/Intellectual Property
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Company or our licensors except as expressly authorized by these Terms.
We fully embrace the essence of Wheatons Law (http://www.wheatonslaw.com)
-and expect our users to do the same. Any disparaging or threatening remarks on social media or other sites regarding our sites, members, employees, and owners may immediately get you banned from all platforms we manage and/or own - at our sole discretion.
Third Party User Account Connections
At some point in the future, you may be able to connect your Company account to third party accounts. By opting in to this feature and connecting your Company account to your third party account(s), you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through our domains or our associated 3rd party venues in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SEW MUCH NICER, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SEW MUCH NICER, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SEW MUCH NICER, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Douglas County, Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of the Site. Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Company reserves the right, in its sole discretion, to change the Terms under which services and our products through our domains and venues are offered. The most current version of the Terms will supersede all previous versions. Company encourages you to periodically review the Terms to stay informed of our updates.
Company welcomes your questions or comments regarding the Terms:
Sew Like a Rock Star, LLC
1605 Park St #C
Castle Rock, CO. 80109
Effective as of May 25, 2018, updated November 30, 2021