TERMS & CONDITONS

Last Updated Novemger 9, 2019

INTRODUCTION

Welcome to Intention Rags, a company offering one-of-a-kind wearable art. Intention Rags’ website is located at https://IntentionRags.com/ (“Website”).  This Website is maintained and operated by Whispers from the Moon PC, DBA Intention Rags (“Company,” “we,” “our” or “us”).

ONE-OF-A-KIND PRODUCT DISCLAIMER

Intention Rags wearables, including labels, are handcrafted and every piece is a unique creation. There may be natural blemishes/variations that are not product flaws. Such variations are inherent in the manufacturing of handmade products, so you may find minor distinctions that make your Intention Rags buys special and truly one-of-a-kind.

The product images on the Intention Rags website may differ slightly from the products you receive due to variations in electronic screens settings (computer/laptop/tablet/smartphones).

Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate. You may request a photo of the item by contacting Intention Rags at IntentionRags@Gmail.com

All sales are final.  However, if you have any questions or concerns regarding your purchase, please do not hesitate to contact us.  We are committed to your happiness regarding this and your future purchases.  Any items received damaged due to shipping will be repaired if possible. Please keep all shipping materials and contact Intention Rags at IntentionRags@gmail.com within 24 hours.

THESE TERMS AND CONDITIONS

These Terms and Conditions ("Terms and Conditions") apply to all customers, visitors, users, and other persons or entities that use or access the Website.  Your access to and use of the Website is subject to these Terms and Conditions and all applicable laws. By accessing or using any part of the Website, you accept, without limitation or qualification, these Terms and Conditions.  If you do not agree with all of the Terms and Conditions set forth below, you may not use any portion of the Website. You may use the Website only if you can form a binding contract with us and are not a person barred from receiving the Website under the laws of the United States or other applicable jurisdiction.

Certain software, features, products, information or materials that you access or use from the Website may be subject to additional terms and conditions presented to you at that time. In addition, some portions of the Website may be hosted or provided by our partners or third-party host or service providers and are subject to additional terms and conditions of use, which are posted within those portions of the Website or on such third parties’ services or websites.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, AS THEY AFFECT YOUR RIGHTS. 

USAGE OF THE SERVICE

Accessibility: If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at intentionrags@gmail.com between Monday – Friday: 9:00 am to 8:00 pm CST.

Authorized Use of Website:  Subject to your compliance with these Terms and Conditions, Company grants you access to and use of Website solely for your own personal, noncommercial purposes.  Any other use of the Website requires our prior written consent.

Unauthorized Use of Website: You may not do any of the following while accessing or using the Website:  (i) copy, modify, or create derivative works based on the Website or reverse engineer, decompile, or disassemble the Website; (ii) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute the Website or content available on the Website; (iii) use any automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures; (iv) take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing” the Website; (v) circumvent security or user authentication measures or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions; (vi) use, display, mirror or frame portions of the Website within another Website, app or platform; (vii) resell use of, or access to, the Website to any third party; (viii) violate any applicable law or regulation, including laws concerning privacy and data security; and (ix) encourage or enable any third party to do any of the foregoing.

Termination of Access:  In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we expressly reserve the right to suspend, limit or terminate your access to the Website, or your account at any time with or without notice and with or without cause, including if we determine, in our sole discretion, that you have violated these Terms and Conditions or pose a threat to the Website or its users. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. 

OWNERSHIP

Proprietary Rights: We are the owners of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, photographs, videos, articles, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties or other Website users.  Unless we permit you to upload or share a specific item within the Website, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website.  All rights not granted under these Terms and Conditions are reserved by us.

THIRD PARTY MATERIALS

Third Party Links:  The Website may provide you with links or other access to other websites, social media platforms services, products or content of third parties.  We have no control over, nor do we endorse any, such websites, social media platforms, services, products or content. You acknowledge and agree that you access such third party websites, social media platforms services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We encourage you to be aware when you leave the Website and to read the terms and conditions and privacy statements of each and every application or website that you visit.  By using or accessing such third party applications and services you agree to comply with any and all of the applicable terms and policies of such third parties. We are not responsible for the practices or the content of such other applications or services.

E-COMMERCE TERMS

E-Commerce: In addition to these Terms and Conditions, all purchases of Company products are also governed by (i) our return, exchange, repair and other policies, found in https://intentionrags.com/pages/shipping-return-policy (“Shipping and Returns Policies”); and (ii) the terms, privacy policies and other conditions of our merchant, e-commerce and payments provider Squarespace (“Shopify Terms”).  Please review all Shipping and Returns Policies and Shopify Terms before purchasing a product from or entering into any transaction with Company.  By purchasing a product from or entering into any transaction with Company, you agree to and accept the E-Commerce Policies and Shopify Terms. 

WARRANTIES; INDEMNITY; LIMITATION OF LIABILITY

No Warranties: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE OR ANY BENEFIT OR ADVANTAGE TO BE RECEIVED VIA USE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Indemnification:  You agree to indemnify, defend and hold Company, our parent, subsidiary and affiliate companies, and each of our officers, directors, employees, agents, business partners, marketing and advertising agencies, affiliates, contractors, distribution partners and representatives (“Company Entities”) harmless from and against any and all claims, demands, liabilities, judgments, damages, costs or expenses, including attorneys’ fees and costs, arising from or related to your access to or use of the Website or any breach or alleged breach by you of any of these Terms and Conditions or applicable laws.

Limitation of Liability:   IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE OR FOR ANY DIRECT DAMAGES BEYOND FIVE HUNDRED DOLLARS ($500.00).  THESE EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DISPUTE RESOLUTION

Governing Law; Dispute Resolution: The laws of the State of Illinois shall govern these Terms and Conditions. 

Changes: All information posted on the Website is subject to change without notice.  In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently.  Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Severability:  If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies:  Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such rights by us, or be deemed a waiver of any subsequent breach by you of the same or any other term of these Terms and Conditions.  Our rights and remedies under these Terms and Conditions and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Questions:  Should you have any questions regarding these Terms and Conditions, you may contact us at IntentionRags.gmail.com.

 Privacy Policy

Last Updated: November 9, 2019

INTRODUCTION

Welcome to Whispers from the Moon, DBA Intention Rags ("Company", "we", "our", "us") Privacy Policy!

Company respects your privacy and is committed to protecting your information. The Privacy Policy below discloses our practices regarding information collection and usage for the website located at Intention Rags.com (“Website”) and related offerings (collectively, the "Services"). This Privacy Policy only applies to the Website and its related offerings and does not apply to any other third party websites, apps, or services.

This Privacy Policy aims to give you information on how we collect and process your information through your use of this Services, including any data you may provide through this Services or when you contact us using the contact information below. It is important that you read this Privacy Policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing information about you so that you are fully aware of how and why we are using your data. 

WHAT INFORMATION WE COLLECT

Your provision of your Personal Information to us is completely voluntary. When we say, "Personal Information" or “Personal Data,” we mean information that relates to you and can specifically identify you as an individual. We do not collect Personal Information unless you submit or provide that information to us. Categories of Personal Information we may collect include: 

  • Identity Data, which includes name or other similar online identifiers.

  • Contact Data, which includes address (including shipping address), email address and telephone numbers.

Additionally, we may also collect certain other types of information that, along with Identity Data and Contact Data, may be considered "Personal Data" in certain jurisdictions, including the European Economic Area ("EEA"), such as: 

  • Financial Data, which includes credit card, debit card, or other payment details.

  • Transaction Data, which includes details about your order history and payments to and from you.

  • Technical Data, which includes internet protocol (IP) address, location data, your login data, and device and browser information.

  • Profile Data, which includes information about how you use our Services, including relevant behavioral information.

  • Marketing and Communications Data, which includes your preferences in receiving marketing from us.

HOW INFORMATION IS USED AND SHARED

Subject to the section titled "Additional EEA Disclosures" below, we use information about you to perform our Services, provide our products and for other purposes outlined below. Specifically, we use your information:

  • To perform the contract we are about to enter into or have entered into with you.

  • To perform specific Services that you have requested, including completing a purchase.

  • To respond to your direct inquiries.

  • To pursue our legitimate interests (or those of a third party) and your interests and your fundamental rights do not override those interests.

  • To send you marketing materials (see below).

  • Where we need to comply with a legal or regulatory obligation.

  • Where you have otherwise consented to our use of your Personal Data.

THIRD-PARTY LINKS AND SOCIAL NETWORKING SERVICES

This Services may include links to third-party websites  and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our Services, we ask that you read the privacy policy of every website and application you visit.

Our Services may allow you to engage with social media services, such as Facebook, Instagram, Twitter, LinkedIn, Pinterest, and Google ("Social Networks"), including via links to their service or other widgets and buttons they provide ("Social Functions"). These Social Functions may access, collect, and integrate with your Social Network accounts and information. For example, these Social Functions may collect your IP address, identify which page you are visiting on our Website, or set a cookie. If you choose to use these Social Functions, you may be sharing certain Social Network profile elements with us, including your name, birthday (month/day), comments, contacts, and email address. This sharing is subject to each Social Network's own privacy policy and terms of use. We do not control those Social Networks or your profiles on those services. We cannot modify your privacy settings on those services or establish rules about how your personal information on those services will be used. Please refer to the privacy settings in your Social Network account to manage the data that is shared with us through your account.

You should be aware that information which you voluntarily include and transmit in a publicly accessible blog, forum, Social Network, or otherwise post online may be viewed and used by others. We are unable to control such uses of your information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.

DATA SECURITY

We have put in place reasonable security measures in an effort to prevent information about you from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. However, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

DATA RETENTION

We will only retain your information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Notwithstanding the foregoing, in some circumstances you can ask us to delete your data. See Request Erasure below for further information. In some circumstances we may de-identify information about you (so that it can no longer be associated with you) for research or statistical purposes in which case we may use and retain this information indefinitely without further notice to you.

OPT OUT

Opting out of messages from us

To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at IntentionRags@gmail.com with "Unsubscribe Request" in the Subject Line. 

CALIFORNIA PRIVACY 

If you are a California resident this section applies to you. Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us at IntentionRags@gmail.com If you do not want your Personal Information shared with any third party who may use such information for direct marketing purposes, then you may opt out of such disclosures by sending an email to us at IntentionRags@gmail.com. 

UPDATES TO THIS PRIVACY POLICY

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time.  However, if we make material changes to this Privacy Policy, we will email you or notify you as required by applicable law. We encourage you to periodically review the Services for the latest information on our privacy practices.  You are bound by any changes to the Privacy Policy when you use the Services after such changes have been first posted.