Terms and Conditions of Use
Updated June 30, 2019
Welcome to Felted Feather!
This site and all items presented for sale on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Felted Feather specifically disclaims any and all warranties and conditions of merchantability, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade. Felted Feather does not represent or warrant that the functions contained on the site will be uninterrupted or error-free, nor that any defects will be corrected. Felted Feather does not represent or warrant that this site or the site's server are free of viruses or other harmful components. Felted Feather does not represent or warrant the use of any materials on this site in terms of correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
To the maximum extent permitted by law, Felted Feather shall not be held liable for any indirect, incidental, special, consequential, or punitive damages resulting from the use of, or the inability to use, or accessibility or usage, or inaccessibility to the items on this site or the performance of the items, whether incurred directly or indirectly, or in the event that Felted Feather has been advised of the possibility of such damages. Felted Feather shall be held harmless for any misuse or misappropriation of any items, text, or terms presented on this website, any loss resulting from any conduct or content of any third party, and without exclusion or any limitation on any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
Felted Feather reserves the right to refuse or cancel any orders placed for an item in the event that an item has inadvertently been listed at an inaccurate price or an item has been presented with inaccurate information such as in the case of a typographical error or otherwise. Felted Feather reserves the right to refuse or cancel any such orders even in the event that the order has been confirmed and/ or the customer's credit card charged. If the customer's credit card has already been charged for the purchase and the order is cancelled, Felted Feather will issue a credit to the customer's credit card account in the amount of the incorrect price.
Felted Feather may deliver notice to you, the consumer, by means of e-mail, newsletter, a general notice, on the site, or by other reliable method, periodically or otherwise, to the address you have provided to Felted Feather. Terms may be revised at times and the revisions will be posted here under Terms and Conditions of Use. By continuing to access or use Felted Feather site, even after revisions become effective, you agree to be bound by the new Terms.
If you enter into a dispute with Felted Feather, you agree that your first course of action will be to contact Felted Feather in an effort to resolve the dispute with us informally. Felted Feather will then respond/ contact you by email. If you and Felted Feather are unable to arrive at an agreeable resolution informally, then we each agree to resolve any claim, dispute, or controversy through binding arbitration or in small claims court. By agreeing to these Terms of Service, you are waiving your right to a trial by jury. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement between you and Felted Feather. This arbitration provision shall survive termination of this Agreement. Your use of this site shall be governed in all respects by the laws of the state of Kentucky, United States of America. You, the consumer/site user, agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts located in Louisville, Kentucky. Any cause of action or claim you, the consumer/site user, may have with respect to the site and/ or Felted Feather items listed on the site or otherwise and/ or any claim against Felted Feather, must be commenced within one year after the claim or cause of action arises. Felted Feather's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right, legal or otherwise. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Felted Feather may seek and use representation and/ or assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or in any form on Felted Feather's site or directed at Felted Feather or directed at Felted Feather's visitors or otherwise including, but not limited to, e-mail, chat, or abusive or obscene language, is strictly forbidden. The impersonation of others, including a Felted Feather employee or representative, or visitors on the Felted Feather site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Felted Feather reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Felted Feather in its sole discretion.
You agree to indemnify, defend, and hold harmless Felted Feather including the owner, employees, officers, agents, directors, licensors, and suppliers of Felted Feather, or any service providers of Felted Feather from and against all losses, expenses, damages, and costs, including attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account including negligent or wrongful conduct by you or any other person accessing the site using your Internet account.
We at Felted Feather value your feedback and want to hear from you regarding your experience using our site and shopping with us. By sharing your comments or ideas with us, you agree that we may use your comments or ideas without restriction or compensation to you.
All content on this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Felted Feather. Any use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited without the written/authorized consent by the owner of Felted Feather.
All images, photos, art work, text, and designs Copyright © 2018 Sylvia Mancuso Brestel DBA Felted Feather and may not be copied, stored, used, or adapted in any way, by any means mechanical or otherwise without prior written consent from the artist in accordance with the Digital Millennium Copyright Act of 1998 (DMCA) and other applicable copyright laws.