Terms of Service

Introduction

Welcome to Jennifer Daley Fine Textiles. This website and the service it provides is owned and operated by Daley Design LLC, a California Company (Daley Design). In this Terms of Use, the user may be referred to as “you” and Daley Design may be referred to as “us” or “we.” By accessing this Website, you agree to be governed by these Terms of Service and the Privacy Policy.

Right to change website content

The Website will be updated as product offerings change, or as the communication needs or desired of Daley Design develop. Daley Design makes no guarantees that content provided through the website will remain available to the public through the Website. Daley Design may also update or alter the layout, designs, or links within the Website.

Links to third-party website

Daley Design may link to third party websites through the Website or promotional emails. Daley Design makes no guarantees that the websites featured on these links provide accurate or complete content. Links provided through the website or promotional emails do not create an endorsement relationship or an affiliation with Daley Design. Daley Design reserves the right to remove these third party links at any time from the Website. Please review the terms of use or privacy policies of these websites for rights and restrictions.

Right to refuse or limit orders

All purchases through this Website are subject to product availability. Daley Design may, in its sole discretion, limit or cancel the quantities offered on its website or limit the sales of products or services to any person, household, geographic region or jurisdiction. To limit quantities, Daley Design may track sales to specific mailing addresses or credit cards. If a product does not ship, but you have provided a method of payment, any charges made through that payment method will be reimbursed for the unshipped items.

Color and product description limitations

Although Daley Design strives to provide you with accurate information regarding our products, the photos of the products are examples of the ones being sent to you and may not be photos of the exact products being sent, and therefore slight variations may occur.  Additionally, the colors depicted on your screen may not accurately reflect the actual colors of the products due to variations in color settings on computers or mobile devices.

Limitation of liability

The Daley Design website is intended for personal use.  You agree to defend, indemnify and hold harmless Daley Design and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Use or Privacy Policy (Agreements), including without limitation your breach of any of the representations and warranties you make in these Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation.

ANY PRODUCT YOU RECEIVE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND EXPECT HAS EXPRESSED BUT NOT IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DALEY DESIGN, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

Use of Daley Design’s Intellectual Property

Unless otherwise noted, the Website, and all materials on the Website including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Daley Design and other trademarks appearing on the Website are the trademarks of Daley Design or its affiliates, including the represented designers or companies of the products being offered.

The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.

Delivered confidential information by user

Except for information necessary to place an order, join a mailing list, or ask questions regarding the products, Daley Design discourages users from sending any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas or comments sent to Daley Design will be considered non-confidential, and by submitting it, you are giving Daley Design the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.

Comments and feedback

In compliance with your rights under California Civil Code 1789.3, you have the right contact Daley Design with any complaints or to seek additional information. You may email Daley Design at info@jenniferdaleytextiles.com. You may also call 510-263-9774. For any physical documents, you may send mail to: 1113 Lincoln Ave, Alameda CA 94501 .

If California users have any questions or complaints about Daley Design they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Waivers

The waiver of any provision of the Terms of User shall not be considered a waiver of any other provision or of Daley Design’s right to require strict observance of each remaining term. If any provision or section of the Terms of Use is found to be unenforceable or invalid for any reason, that provision or section shall be severable, and all other provisions shall remain in full force and effect. This Terms of Use and Privacy Policy constitutes the entire agreement between Daley Design relating to your use of the Website.

Arbitration

By visiting Website or a you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Daley Design, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Daley Design are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Daley Design otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Arbitration rules and governing law

Arbitration shall take place Alameda California, using California law.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

Privacy Policy

Introduction

Welcome to the Jennifer Daley Fine Textiles Website. Daley Design, LLC, a California Company (Daley Design) owns and operates this website. This Privacy Policy governs the use of the Daley Design Website. When using or accessing the Daley Design Website, you are agreeing to be bound to the terms within this Privacy Policy and the Terms of Use policy. This policy may refer to users as “you” or “user” and may refer to Daley Design as “us,” “we,” or “our.”  If you do not agree to the terms within this Privacy Policy and the corresponding Terms of Use, do not access or use the Daley Design Website.

Information we collect

We collect information about you when you register on our website and when you use it. We use this information to provide the functionality of the website, to improve its quality, to personalize your experience, and to process transactions. For example, when you order a product from our website, we will collect your name, email address, shipping and billing addresses, phone number, and financial information that will enable us to receive funds drawn on your credit card or on your bank account.

We also use your information to send promotional emails to you. These emails will e.g. inform you of new products, special sales, and events that may be of interest to you. If you do not wish to receive such emails, you can opt-out/unsubscribe to them; you can do this by following the detailed instructions contained in those emails.

If you connect with us through third-party sites, applications and services (each, a “Third-Party Platform”), we will collect information from each such Third-Party Platform and we will combine that information with information we collect from you on our website.

Whenever you visit our website, some information is automatically collected. Examples of this automatically-collected information include your computer’s operating system, your Internet Protocol (IP) address, the time and duration of your access, your browser type and language, and the website you visited before you visited our website. We also collect information about your usage of our website and your activity on it.

Cookies

We automatically collect information using “cookies” and similar technology. Cookies are small data files that and reside on your computer or mobile device, in emails we send to you, and on the pages of our website. Cookies help us improve our website and your experience. We use cookies to see which areas and features are popular and to count visits to our website. We may access information contained in cookies placed on your device by a Third-Party Platform as permitted by the terms of your agreement and privacy settings with such Third-Party Platform. We may share this information with the Third-Party Platform for their use as permitted by the terms of your agreement and privacy settings with such Third-Party Platform.

Web beacons

We may collect information using web beacons. Web beacons are electronic objects that may be used on our Sites or in our emails. We use web beacons to deliver cookies, to count visits, to understand usage and campaign effectiveness, and to tell whether you open an email and act upon it or forward it.

How we use information we collect

We use your personal information for purposes described in this Policy or disclosed to you on our website or in connection with our services. For example, we may use your information to:

• provide you with products and services (such as monogramming and other personalization);

• operate and improve our website and our services;

• understand you and your preferences to enhance, personalize and customize your experience and enjoyment using our website, products and services, such as understanding your purchasing history to make recommendations about other products you may like;

• respond to your comments and questions and provide customer service;

• send you account-related information such as confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;

• communicate with you about new offers, promotions, rewards, and upcoming events and other news about us (unless you have opted out of/unsubscribed to promotional emails);

• link or combine with other personal information we get from third parties, to help understand your needs and provide you with better service; and

• protect, investigate and deter against fraudulent, unauthorized or illegal activity.

Security of your personal information

We take reasonable steps to help protect your personal information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction.

How we share information

We don’t want our personal information shared with third parties without our consent, and we will not share yours, except as follows:

• We share personal information with trusted third-party vendors, consultants and other service providers who work for us. (Examples of such third parties are firms that process credit card payments, firms that serve advertisements, and firms that ship goods.)  We use such persons and firms to help us operate our website, to conduct our business, and to service you. These third parties will access your personal information only to perform tasks on our behalf, and each of them has agreed with us to keep your personal information confidential.

• We may disclose your personal information to comply with law and to respond to lawful requests and legal process, and in the unlikely event of a data breach to inform law enforcement authorities and to engage third parties to undertake appropriate remediation efforts.

Notice to California residents

1. Your California Privacy Rights (As Provided by California Civil Code section 1798.83).
A California resident who has provided Personal Data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes, subject to certain exceptions. In general, again, subject to certain exceptions, if the business has made such a disclosure of Personal Data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Data was disclosed in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed. We do not disclose Personal Data to any third parties for their direct marketing purposes, and we will advise you of this if you request this information.

2. California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.

Commercial and non-commercial communication

By providing information to the Website, such as signing up for a newsletter or promotion, you waive all rights to file complaints concerning unsolicited email from Daley Design, since you have agreed to such communication by providing your information to Daley Design. However, you may unsubscribe from certain communications by notifying Daley Design that you no longer wish to receive solicitations or information. Daley Design will remove you from the database, where you have the right to request this under the Privacy Policy, Terms of Use, or applicable law, or where Daley Design voluntarily decides to grant the request.

Children’s online privacy protection act

The Daley Design is directed to users over the age of 13. Daley Design does not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that persons under the age of 13 are accessing the Website. If Daley Design discovers any inadvertently collected Personal Information of a person under the age of 13, that information will be swiftly deleted from its’ records. If you believe that Daley Design may have any information from a person under age 13, please contact Daley Design at [Email Address].

Security of your personal information

We take reasonable steps to help protect your personal information in an effort to prevent loss, misuse, unauthorized access, disclosure, alteration and destruction.

Changes to this policy

We may change this Policy from time to time. If we make any changes to this Policy, we will change the “Last Updated” date above.

Contacting us

If you have any questions regarding these policies, you may contact us at:

Jennifer Daley Fine Textiles
info@jenniferdaleytextiles.com
510-263-9774
1113 Lincoln Ave., Alameda, CA  94501