Terms & Conditions
Updated January 25, 2015
We reserve the right to change these Terms from time to time without notice to you, and any such changes will be effective upon publication on the Site. 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 on Squarespace, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Refined Bowties Co., and is protected by trade dress, copyright, patent and trademark laws, database rights, moral rights, sui generis rights and other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, your use of the Site does not grant you any ownership or title of, in, or to any Content or any other part of the Site, nor does it grant you any license to use, display, copy, reproduce or republish the same.
Subject to these Terms, we grant you a non-exclusive, non-transferable, limited license to access, view, use and display the Site and Content on your computer or other device, provided that you comply fully with these Terms. The Site and Content are for your personal, educational and non-commercial use only. No part of the Site or Content (or any of our products advertised or sold on the Site) may be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without our prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under law.
The trademarks, logos, service marks and trade names displayed on the Site or as part of the Content are registered and unregistered trademarks of Refined Bowties Co., LLC and other persons (collectively, the "Trademarks"), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Site should be construed as granting, expressly or implied, any license or right to use any Trademark displayed on the Site or as part of the Content, without our written permission or that of the applicable third-party rights holder.
Refined Bowties and its employees do not accept or consider unsolicited ideas, including, but not limited to, ideas for new advertising campaigns, designs, drawings, original creative work, promotions, product enhancements, processes, materials, marketing plans or new product names. Please do not send us such unsolicited material ("submissions") in any form. If you still choose to submit or send us your ideas despite our request that you don't, or you send certain specific submissions by request (for example contest entries) , you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, the same e-mail address, or orders that use the same promotion code, billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Additionally, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any other unauthorized party. You are not permitted to resell any products or services purchased through the Site for commercial purposes.
Product availability is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Site may not be available in certain stores, or vice versa. Prices for a product may vary between the Site and stores or between geographies. Prices displayed on www.refinedbowties.com are quoted in USD and are valid and effective only in the U.S.
You may not use our products or the Site for any illegal or unauthorized purpose. You must not transmit any worms or viruses or any code of a destructive nature. You also agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We are not responsible if information made available on the Site is not accurate, complete or current.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. The materials on the Site with respect to products and services may be out of date, and Refined Bowties, Co. makes no commitment to update the materials on the Site with respect to such products and services. We reserve the right to discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
The Site may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometimes others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies and terms. It is your responsibility to read such rules, policies and terms to determine whether you can participate, register and comply By participating in a sweepstakes or contest through the Site you signify your agreement and acceptance of these Terms and any applicable sweepstakes or contest rules which we may provide.
ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You may be held liable for losses incurred by Refined Bowties or any other user of or visitor to the Site due to someone else using your account or password as a result of your failing to keep your account information secure and confidential.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
LINKING TO THE SITE
You agree that: (a) if you include a link from any other website to the Site, such link shall open in a new browser window and shall link to the home page of the Site; (b) you are not permitted to link directly to any image hosted on the Site, such as using an "in-line" or "deep linking" linking method, including to cause the image to be displayed on another website; and (c) you may not link from any other website to the Site in any manner such that it or nay of its pages is "framed," surrounded or obfuscated by any third-party content, materials or branding. We may, in our sole discretion, insist that any link to the Site be discontinued, and we may revoke your right to link to the Site. The framing, mirroring, scraping, or data-mining of the Site or any of the Content in any form and by any means is strictly prohibited.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
REFINED BOWTIES CO. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE WITHIN THESE TERMS. REFINED BOWTIES CO. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY LINKED SITES. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Occasionally there may be information on our site or in the Service 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 Service 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 Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event, including negligence, will Refined Bowties Co. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, Refined Bowties is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, our liability shall in no event exceed the greater of (1) the amount(s), if any, paid by you to the Company for use of the Site, or (2) one hundred dollars ($100).
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
These Terms of Service 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 may terminate, change, suspend, restrict or discontinue any aspect of the Site at any time if we believe you are in breach of these Terms or applicable law, or for any other reason in our sole discretion, without notice or liability. These Terms will terminate at the time of the discontinuance or termination of your Site use privileges. However, you will remain liable for any prior access to and use of the Site and all amounts due up to and including the date of termination.
You agree to indemnify, defend and hold harmless Refined Bowties Co., LLC, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Site.
DISPUTE RESOLUTION AND CONTROLLING LAW
In the event of any controversy or dispute between Refined Bowties Co. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute informally by contacting email@example.com. We will try to resolve the dispute informally by contacting you via email. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days of submission), either party may submit the controversy or dispute to mediation. If the dispute cannot be resolved through mediation, you or Refined Bowties Co. may bring a formal proceeding.
We Both Agree to Arbitrate. You and Refined Bowties Co. agree to resolve any claims relating to these Terms through final and binding arbitration, except as set forth under Exception to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by submitting the opt-out e-mail within 30 days of first accepting these Terms. The e-mail should read "Opt-out of Agreement to Arbitrate" in the Subject field.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules an the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Northampton County (PA), or any other location within the United States we agree to. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate. Either you or Refined Bowties Co. may assert claims, if they qualify, in small claims court in Northampton (PA) or any United State county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement without first engaging in arbitration or the informal dispute resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Refined Bowties Co. agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Northampton County (PA). Both you and Refined Bowties Co. consent to venue and personal jurisdiction there.
Controlling Law. You agree that all matters relating to you access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Pennsylvania, without regard to its conflicts of laws provisions.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Please direct questions or comments about the Site, these Terms or any products you purchased through the site to firstname.lastname@example.org.