Terms of service

Terms of Use

 When you use this website, you are automatically agreeing that both your access to the website and your use of it are:

• Subject to the terms and conditions in this legal notice, which may change at any time without notice
• Subject to all applicable laws
• Undertaken at your own risk

Please refer to this page frequently to review our current .terms and conditions of use.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Online Store Terms

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you 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 these Terms of Use will result in an immediate termination of your services.

Copyright

The following elements of this website are the property of Amy Page DeBlasio LLC and are protected by United States and international copyright laws:

• All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations—both individually and as they are compiled on the site.
• All software.

Trademarks

The trademarks or trade dress of Amy Page DeBlasio LLC and our affiliates may not be used without our written permission. Trademarks or trade dress include the “Amy Page DeBlasio” name and logo, and other graphics, logos, page headers, button icons, scripts, and service names of Amy Page DeBlasio LLC products, services, and programs, including without limitation, “Amy Page DeBlasio,” “APD,” “APDPVD,” “Wear this design with confidence,” and “APD never goes out of style,” and those of our affiliates.

All other trademarks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Use

You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with amypagedeblasio.com. Unless we give you written permission in advance, any other use of this website, its content, and its information, including linking or framing to this website, are strictly prohibited.

Errors and Inaccuracies

Our goal is to provide complete, accurate, and up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions—including after an order has been submitted—and to change or update information at any time without prior notice.  

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 Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products. 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 that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website 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.

Disclaimer of Liability

We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "AS IS," with all faults. Except as otherwise provided under applicable laws, we and our affiliates, and the owners, directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption, or the loss of data or information, even if we are notified in advance of the potential for any such damages.

No Confidentiality

Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this website. Any information, materials, suggestions, ideas, or comments sent to us will be deemed nonconfidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you. 

Applicable Law

By visiting this website, you agree that the laws of the State of Rhode Island, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.

Disputes

THIS “DISPUTES” SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT WE OR YOU WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN THE ARBITRATION PROCESS DESCRIBED IN THIS SECTION.

You agree that prior to submitting any dispute or claim to arbitration for resolution, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing at Amy Page DeBlasio, LLC, 1005 Main Street, Unit 2225, Pawtucket, Rhode Island 02860, United States, Attention: General Counsel, of the nature of this dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. During the 60 days from receipt of this notice you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within that time period (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing an arbitration. You and we agree to toll the statute of limitations and any filing fee deadlines while the parties engage in this informal dispute resolution process. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.

If we are unable to resolve the dispute through this mandatory informal dispute resolution process, you and we agree that, except as set forth below, all claims, controversies, counterclaims or disputes between you, on the one hand and us or any agent of ours, on the other hand, will be resolved entirely through binding individual arbitration, rather than in court, including, without limitation, disputes that concern any relationship between you and us, your visit to or use of our website, or any products or services that we offer or that you purchase from us. Any of these disputes shall be submitted to confidential arbitration in Providence, Rhode Island, or such other location as a court of competent jurisdiction determines is appropriate, if it determines that Providence, Rhode Island is not. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the United States. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

Any party to the arbitration may, at any time more than ten (10) days before the arbitration hearing, serve an offer of compromise in writing upon any other party to the action. Offers of compromise pursuant to these Terms will be adjudicated and interpreted in accordance with Federal Rule of Civil Procedure 68.

In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or us from seeking action by federal, state, or local government agencies. You and we also each have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. In addition, you and we retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. If for any reason a claim proceeds in court rather than in arbitration you and us each waive any right to a jury trial. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Use. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. This Section of the Terms of Use will survive the termination of your relationship with us.

Last updated: August 24, 2023