Welcome to The Pinched Pleat
By using our website, you agree to these Terms of Service and Privacy Policy, which govern your relationship with The Pinched Pleat.
The terms “The Pinched Pleat,” “us,” or “we” refer to the Website's owner, The Pinched Pleat. The term “you” refers to the user or viewer of our Website. The use of this Website is subject to the following terms of use:
The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. You shall ensure this Website's products, services, or information meet your requirements.
This Website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, images, and graphics. Reproduction is prohibited other than per the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced on this Website that are not the property of or licensed to the operator are acknowledged as such.
Unauthorized use of this Website may result in a claim for damages and/or a criminal offense.
From time to time, this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s), and we have no responsibility for the content of the linked website(s).
You may not create a link to this Website from another website or document without The Pinched Pleat’s prior written consent.
Terms of Service
Overview
The Pinched Pleat LLC operates this Website. The Pinched Pleat LLC offers this Website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.
Section 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this Website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the Website through which the Service is provided without express written permission from us.
The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
Section 3 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if the information on this Website is inaccurate, incomplete, or outdated. The material on this Website is provided for general information only. It should only be relied upon or used as the sole basis for making decisions by consulting primary, more accurate, complete, and timely sources of information. Any reliance on the material on this Website is at your own risk.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
Section 4 - Modifications to the Service and Prices
The prices for our products and services are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 - Products and Services
Certain products or services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate.
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 we offer. All descriptions of products or Services and their respective prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or Service at any time. Any offer for any product or service made on this Web 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.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, household, or order at our sole discretion. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we change or cancel an order, we may notify you by contacting the e-mail and/or billing address/phone number provided when the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
Section 7 - Optional Tools
We may provide you access to third-party tools we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions and any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the Website (including releasing new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products, and services available via our Service may include third-party materials.
Third-party links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these websites, and we do not warrant it. We will not have any liability or responsibility for any third-party materials or websites or any other materials, products, or services of third parties.
We use the SimplyBook.me service or system for consultation and appointment booking, appointment confirmation and reminders, and other related scheduling services. The SimplyBook.me Terms of Service are available at HERE.
We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with third-party websites. Please review the third-party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 9 - User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), 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 may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any third party's rights, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posted.
Section 10 - Personal Information
Our Privacy Policy governs your submission of personal information through the Website.
Section 11 - Errors, Inaccuracies and Omissions
Occasionally, information on our Website or Service may contain typographical errors, inaccuracies, or omissions related to descriptions, pricing, promotions, offers, 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 product or 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 to the Service or on any related website should be taken to indicate that all information on the Service or related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website 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 prohibited uses.
Section 13 - Disclaimer of Warranties & Limitation of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may temporarily remove or cancel the Service without your notice.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Pinched Pleat LLC, our directors, owners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend, and hold harmless The Pinched Pleat LLC and our 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 breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability
If any part of these Terms of Service is found invalid or unenforceable under the law, that part will be enforced to the maximum extent permitted by law, and the unenforceable portion will be considered severed from these Terms of Service. The remaining provisions will continue in full force and effect.
Section 16 - Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are in effect unless and until you or we terminate them. 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 Website.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement without notice. You will remain liable for all amounts due up to and including the termination date. Accordingly, we may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or concerning the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede 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 interpreting these Terms of Service shall not be construed against the drafting party.
Section 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of the United States and the State of Indiana.
Section 19 - Changes to Terms of Services
You can review the most current version of the Terms of Service at any time on this page.
At our sole discretion, we reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Contact Information
Questions about the Terms of Service should be sent to info@thepinchedpleat.com.
Last Updated: September 29, 2024