Terms of service
Terms of Service
Effective Date: 01/01/2024
Welcome to Powwow Store! These Terms of Service ("Terms") govern your use of our website, products, and services. By accessing or using our website (the "Site"), you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Site.
1. Introduction
Powwow Store specializes in offering custom-printed household items, accessories, clothing, and footwear themed around Native American culture. Our products are crafted to celebrate and honor the rich heritage and traditions of Native American communities. By using our Site, you acknowledge that you have read, understood, and agree to these Terms.
2. Eligibility
To use our Site, you must be at least 18 years old or have reached the age of majority in your jurisdiction. By using our Site, you represent and warrant that you meet this eligibility requirement.
3. Account Registration
- Account Creation: To purchase products from Powwow Store, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep your account information up to date.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect any unauthorized use of your account.
4. Products and Services
- Product Descriptions: We strive to provide accurate descriptions and images of our products. However, we do not warrant that the product descriptions, images, or other content available on the Site are accurate, complete, reliable, current, or error-free.
- Pricing: All prices are listed in [insert currency] and are subject to change without notice. We reserve the right to modify prices, discontinue products, or change product specifications at any time.
- Order Acceptance: Once you place an order, you will receive an email confirmation. This email serves as acknowledgment of your order, but it does not constitute acceptance. We reserve the right to accept or decline your order for any reason, including availability, errors in pricing or product information, or suspected fraud.
5. Payment
- Payment Methods: We accept Credit Card, Paypal. By providing your payment information, you represent and warrant that you have the legal right to use the payment method you provide.
- Payment Processing: All payments are processed securely. We are not responsible for any payment processing errors or issues that may arise from the payment provider's systems.
6. Shipping and Delivery
Please refer to our [Shipping Policy] for detailed information regarding shipping rates, preparation times, and delivery estimates.
7. Returns and Refunds
Please refer to our [Return and Refund Policy] for detailed information regarding returns, exchanges, and refunds.
8. Intellectual Property
- Ownership: All content on the Site, including but not limited to text, images, graphics, logos, and designs, is the property of Powwow Store or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or use any content without our express written permission.
- Trademarks: The Powwow Store name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Powwow Store or its affiliates. You must not use such marks without the prior written permission of Powwow Store.
9. Prohibited Activities
- Site Use: You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. This includes but is not limited to attempting to gain unauthorized access to any portion of the Site, engaging in any activity that interferes with the proper working of the Site, or using the Site to distribute any harmful or malicious code.
- User Content: If you submit any content to the Site, such as reviews, comments, or other material, you grant Powwow Store a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world.
10. Limitation of Liability
To the fullest extent permitted by law, Powwow Store shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, or business interruption, arising out of or in connection with your use of the Site or our products.
11. Indemnification
You agree to indemnify, defend, and hold harmless Powwow Store, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of another.
12. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes constitutes your acceptance of those changes. We encourage you to review these Terms periodically.
13. Termination
We may terminate or suspend your access to the Site at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason in our sole discretion.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of [insert applicable jurisdiction], without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within [insert jurisdiction] to resolve any legal matter arising from these Terms.
15. SMS Service
By consenting to Powwow’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at support@powwow.store for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
Arbitration:
By using or purchasing Powwow products or services, you agree that any controversy, claim, action, or dispute between you and Powwow arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Powwow’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held ADAMS, Tennessee, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Tennessee, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Powwow’s products or services (the “Opt-Out Deadline”). You may opt out by emailing a written notification to support@powwow.store. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Powwow. You are responsible for ensuring Powwow’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and Powwow agree that you may bring or participate in Claims against Powwow only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Powwow agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
16. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
- Email: support@powwow.store
- Phone: +1 (203) 528-2653
- Address: 7668 US-41, Adams, Tennessee 37010
Thank you for shopping with Powwow Store. We appreciate your trust in our products and services.