By using this Website, you/ the participant (herein referred to as "User") agrees to the follow terms stated herein, which shall take effect immediately.
Terms OF WEBSITE USE
GRACE KINDLY LLC dba CATE SHANER DESIGN + LETTERING (herein referred to as “CSD+L”) agrees to provide the website, e-commerce store, affiliate links, and other content (herein the “Website) to the User. User agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in and use of the Website.
Taxes
The CSD+L collects sales tax on orders made on the Website when required by law.
Returns policy
Because of the nature of digital products, we do not offer refunds. Please confirm all orders are correct before placing the order.
However, if you are unsatisfied with your purchase, please reach out to hello@cateshaner.com and we will do our best to make it right!
WEBSITE DISCLAIMER
CSD+L assumes no responsibility for errors or omissions that may appear in any Website materials.
THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WHETHER VERBALLY OR IN WRITING. Any testimonials or endorsements by our customers or audience represented on our Websites, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated, and the results experienced by individuals may vary significantly based on factors such as weather, location, and time of day.
Furthermore, CSD+L does not represent and warrant that the Website or any products contained on the Website will be uninterrupted, available at any time or from any location, secure, error free, free from defects, or that the service or associated downloads are free from viruses or harmful components.
INTELLECTUAL PROPERTY
CSD+L’s Website, all images, font design, and all products are the exclusive work of CSD+L alone unless otherwise specified. The original materials that have been provided under a single-user license for User’s individual use only. User is not authorized to use any of CSD+L’s intellectual property for User’s business purposes. All intellectual property, including CSD+L’s copyrighted Website and/or Website materials, shall remain the sole property of CSD+L. User may not license, or otherwise distribute the content provided in the Website unless purchasing a commercial license.
By using the Website or purchasing CSD+L products, User agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights belonging to CSD+L. Any information shared by CSD+L is confidential and proprietary, and belongs solely and exclusively to CSD+L. The User shall not disclose such information to any other person or use it in any manner other than in discussion with CSD+L or throughout the Website.
Furthermore, by using any interactive area of the Website and placing any information in any of those areas, the User grants to CSD+L a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered.
LIMITATION OF LIABILITY
User accepts any and all risks, foreseeable or unforeseeable, resulting from participation in the Website. User shall indemnify and hold harmless Cate Shaner, CSD+L, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, staff, related entities, any of the related owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Websites, excluding any such expenses and liabilities which may result from willful misconduct by CSD+L, or any of its directors or employees. User shall hold all of CSD+L’s shareholders, directors, trustees, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, employees, and successors, and Cate Shaner personally harmless for any actions or representations of CSD+L.
User shall defend CSD+L and its Releasees from and against any legal actions, regulatory actions – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – arising out of or resulting from his or her use of the Website(s).
User shall hold CSD+L harmless for damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of CSD+L’s information or the User’s use of the Website. from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the Website(s).
THIRD PARTY SITES
Our Website may contain links to third-party web sites or services that are not owned or controlled by CSD+L.
CSD+L has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that CSD+L shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
DISPUTE RESOLUTION.
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement shall be submitted to a mutually agreed upon Mediator in Henrico, Virginia. Parties shall split the costs of the Mediator 50/50. All claims against CSD+L must be lodged within 100-days of the date of the completion of the Website. The Mediation shall occur within ninety (90) days from the date of the initial demand for Mediation. The Parties shall cooperate to ensure that the Mediation is completed within the ninety (90) day period. If no resolution is reached despite Mediating in good faith, either Party may file suit in court in the jurisdiction named herein.
EQUITABLE RELIEF.
Notwithstanding the previous clause to Mediate, in the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email.
Concerns or questions should be addressed to:
CATE SHANER DESIGN + LETTERING
5103 WILKES RIDGE PLACE
RICHMOND, VIRGINIA 23233
Email: hello@cateshaner.com
GENERAL TERMS
This Agreement shall be binding upon and inure to the benefit of the Parties, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder. User may not assign this Agreement. The CSD+L may modify terms of this agreement at any time. All modifications shall be posted on CSD+L’s website, and current Users shall be notified via email. In the event that any force majeure events beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment, labor strike, or civil disturbance, make it illegal or impossible for the Parties to perform under this Agreement, the performance hereunder may be excused without liability. Any action brought under or relating to this Agreement shall be brought in the courts in or for Henrico County, Virginia, to which venue and jurisdiction the Parties both irrevocably submit.
PRIVACY AND DATA COLLECTION
The Website and User data collected during the Website is governed by CSD+L’s Privacy Policy. Please review our Privacy Policy at cateshanershop.com/pages/privacy-policy. You grant CSD+L the right to collect and use all information regarding the Website and your use of CSD+L website in any manner consistent with our Privacy Policy.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
DMCA NOTICES
The CSD+L values others’ intellectual property. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description of where the material that you claim is infringing is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is Caroline J. Fox, Esq., who can be reached as follows:
Caroline J. Fox, Esq.
The Law Office of Caroline J Fox, PLLC
2920 W Broad Street
C11
Richmond, Virginia 23230
(804) 715-1893
caroline@cjfoxlaw.com
Privacy Policy
(Last Modified 2/27/2019)
GRACE KINDLY, LLC, dba CATE SHANDER DESIGN + LETTERING (“We” or “CSD+L”) takes the privacy of its users seriously, and strives to comply with all national and global privacy regulations. CSD+L has adopted guidelines for our user relationships designed to respect the privacy and preferences of our users.
This privacy policy has been compiled to better serve those who are concerned with how their 'Personally Identifiable Information' (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our websites located at the following addresses:
https://www.cateshaner.com
https://www.cateshanershop.com
CSD+L receives your information through our website, applications ads, and commerce services. This CSD+L Privacy Policy describes how and when CSD+L collects, uses, and shares your information when you use our services and website.
What Type of Information Do You Collect?
We only collect information that is provided with 1) consent, or 2) a legal basis, namely, a legitimate interest. Personal information collected by CSD+L may include:
-Name, postal address, phone number, social media account links, and e-mail address.
-Financial account information, such as credit card number and other payment information. Please note, we do not retain credit card information, as it is processed through a third-party server, Stripe, in conjunction with either Shopify or Dubsado.
We may also collect information about you such as:
-If you create an account – your username, password, and other demographic information that you provide.
-If you purchase from CSD+L – what you buy, how frequently you buy, and other products you look at.
-If you opt-in for an email freebie our sign up for mailing list – your email address, interests as indicated by “checking the box,” your email opening rate, and your “click through” rate.
-If you connect your account to another service such as Facebook, Google, Amazon, Twitter, Teachable, Disqus, Shopify, or any other service, that service may send us your registration or profile information. This information enables cross-platform data sharing to improve your user experience.
-Any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure, namely for the protection and assertion of our legal rights, your legal rights and the legal rights of others.
How Do You Collect Data?
We may 1) collect data you submit to us through forms, check out modules, or other methods, or 2) automatically collect website use information when you visit our website, by utilizing cookies, Local Shared Objects, and web beacons.
Cookies are small data files stored on your hard drive by a website to, among other things, help us improve our site and your experience. In addition, this site uses targeting or advertising cookies to count visits to our site and to see which topics, products, and features are popular to our users. These cookies are used by third parties such as social networks and advertisers to collect information about your browsing habits and share it with other websites so they can display advertising relevant to you, provide services, and to allow “Like” buttons and “Share” buttons to work. Most browsers feature an “opt out” of cookie collection, and you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. The methods for doing so change from browser to browser, and from version to version. You can obtain up-to-date information about blocking and deleting cookies via these links:
- https://support.google.com/chrome/answer/95647?hl=en (Chrome);
- https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
- http://www.opera.com/help/tutorials/security/cookies/ (Opera);
- https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
- https://support.apple.com/kb/PH21411 (Safari); and
-https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
In addition, to identify Local Shared Objects on your computer and adjust your settings, visit: http://www.macromedia.com/support/documentation/en/
flashplayer/help/settings_manager.html. The information we gather may include information about your Internet service provider, your operating system, browser type, domain name, Internet protocol (IP) address, your access times, the website that referred you to us, the Web pages you request, and the date and time of those requests.
CSD+L may also collect aggregated or anonymized usage data that does not personally identify you, but will provide us with information on site usage.
How Do You Use Information About Me, a User?
We use and processes information which we have either 1) consent, or 2) a legal basis to process, namely a legitimate interest. CSD+L may use the information we gather to:
- Administer our website and business, provide our services, ensure the security of our website and services, and maintain back-ups of our databases;
- Enable and monitor your use of the website;
- Communicate with you about your orders, purchases, accounts, and requests for information;
- Allow us to process orders, registrations, and customer service inquiries;
- Provide you with information about content, products, and services we offer, and advertise/ market relevant content, products, or services to you;
- Allow us to better service you in responding to your customer service requests;
- Administer a contest, promotion, survey or other site feature;
- Quickly process your transactions;
- Keep proper records of transactions;
- Send periodic emails regarding your order or other products and services; or to
- Comply with, enforce, defend, or indemnify our or any other party’s legitimate legal interest.
How is my Personal Information Secured?
CSD+L maintains appropriate physical, technical and administrative security to help prevent the loss, misuse, unauthorized access, disclosure or modification of personal information. We use strong passwords to protect all accounts containing user data, and keep hard copies (if required) of user data confidential. We use SSL certificates to protect your data. We maintain updated apps, programs, and passwords, and monitor add-ons for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
While we take these steps to protect your personal information as much as we reasonably can, no system or transmission of data over the Internet or any other public network, or any storage of data, can be guaranteed to be 100% secure. If you are concerned about your user data, please contact us at hello@cateshaner.com.
What happens if there is a data breach?
If there is a data breach, we will notify you by email within seven (7) days.
How Can I Update My Personal Information?
CSD+L offers choices for you to update your personal information and the way we communicate with you. Here are some of the ways you can request changes:
Follow the opt-out instructions in promotional emails we send you.
Sign in to your Dubsado portal or Shopify account, if you have one, and visit the Account Settings section to manage your preferences and to update your personal information.
Email hello@cateshaner.com.
If you opt out of receiving promotional communications from us, we may still send you transaction-based communications, such as emails about your accounts or our ongoing business relations with CSD+L.
Users can opt out of interest-based advertising through:
- Twitter at https://support.twitter.com/articles/20170405
- Facebook at http://www.aboutads.info/choices/
- LinkedIn via the privacy control setting within their LinkedIn account, or,
- For all targeted interest-based advertising information, by using a tool like http://optout.aboutads.info
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does CSD+L Share Personal Information With Third Parties?
We do not disclose your personal information except in the limited circumstances described here. We may share information with any CSD+L subsidiary or holding CSD+L, insurers, professional advisors, website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it's release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property or safety, and for the establishment, exercise, or defense of legal claims, whether in court proceedings or an administrative out-of-court procedure.
We retain the email addresses of those who send us email, who purchase goods and services via our website, who register for access to our site, and who subscribe to our email newsletters. We retain these email addresses, along with other information you provide, in our mail list service, ConvertKit. We do not disclose these email addresses to third parties by “list sharing” or selling your information.
We sometimes work with third parties or our carefully selected advertisers (“Third Party Services”) to analyze user’s preferences, provide content, products, or services of interest to that user, or to collect data for conversion tracking (that is, what actions you take after you click on an ad). Third Party Services used on this website include:
- Google AdSense (see below)
- Amazon Associates for affiliate links, which may collect User’s buying and browsing information
- Audioboom.com to analyze podcast traffic and downloads;
- Pinterest analytics and Tailwind to analyze traffic to and from Pinterest.com, as well as User’s “pinning” habits and information;
- ConvertKit to manage email lists and newsletters, as well as to send marketing emails to Users,
- Shopify to track shopping habits and analyze users purchasing preferences, as well as to collect User information such as names, addresses, emails, and delivery information;
- CreativeMarket as an off-site platform for purchasing digital products, which may give or receive information from the Website at any given time;
Stripe for payment processing;
- Dubsado for collecting and storing Cate Shaner Design + Lettering client information, as well as User information they may submit through forms or email inquiries.
Note that these third parties may have their own privacy policies. Please refer to their individual Terms of Service or Privacy Policy notices for more information on how they use personal data delivered to them.
Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. We use anonymous aggregated data about our customers or users to allow us to create marketing profiles, determine site metrics, provide up-to-date information to potential advertisers, and provide other support services.
How does your website interact with Google?
Google's advertising requirements can be summed up by Google's Advertising Principles. You can access these principals at https://support.google.com/adwordspolicy/answer/1316548?hl=en
We utilize the following Google Services:
• Remarketing with Google AdSense
• Google Display Network Impression Reporting
• Demographics and Interests Reporting
• DoubleClick Platform Integration
Google, as a third-party vendor, uses cookies to serve ads on our site. We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website. Google's use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy. Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
What Happens if you Change your Privacy Policy?
We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy. We may notify you of significant changes to this policy by email.
Contact, Questions, and Feedback
If you have any questions, comments, or concerns about our Privacy Policy, please contact our Privacy Officer at:
Email: hello@cateshaner.com
Mail: 5103 Wilkes Ridge Place Richmond, VA 23233