Privacy Policy

Last Updated: December 31, 2019
Effective: January 1, 2020.
We care about our customers and know that your privacy is important to you. This Privacy Policy (“Privacy Policy”) is our way of sharing how we collect your information, why we need it, and how we use it.

Scope of Application

This Privacy Policy applies to your use of our websites and mobile websites (together, the “Site”) and our mobile applications (together, the “App,” and together with the Site, the “Service”). The Service includes websites and mobile applications operated by Owenie LLC and its affiliated brands, including Owenie.com, Joss & Main, AllModern, Birch Lane and Perigold (“Owenie”, “we” or “us”). If you visit another website or mobile application, including another Owenie website or mobile application, the privacy policy of that website or mobile application will apply. Please review the privacy policy of that website or mobile application to understand how that website or mobile application operator processes your information.
This Privacy Policy also applies to the information you provide to us after being presented with or directed to this Privacy Policy. This could be, for example, when you share your information with our service representatives (e.g. a customer service agent, design professional, or an installation or assembly pro) or send us a letter, email or chat.
Before submitting information to the Service, please review this Privacy Policy carefully.

Information We Collect and How We Use Your Information

There are three general categories of information we collect: (1) Information you give to us; (2) Information we automatically collect from your use of the Site or the App; (3) Information we collect from third parties.
We use your information in several different ways. What we do with your information depends on when we collect it and what we collect.

Information you give to us

  • Your name and contact details (such as your email address, mailing address, phone number, and password)
  • Additional profile information (such as date of birth, gender, location, and preferred language)
  • Your payment information (such as your credit/debit card number, security/CVV code, and expiration date)
  • Your financing information (such as social security number, date of birth, and income)
  • Your communications and contact history with us (such as service call recordings, chat and instant messages, or communications with our social media channels)
  • Other information (such as product reviews, forum posts, survey responses, participation in promotions, and other user-generated content)
How we use information you give to us Why we collect it
Registration We need your name and contact details to create your account. This information is necessary for the adequate performance of certain services and offerings on the Site and the App, and to fulfill our contract with you when you place an order.
Accept payment, fulfill orders, provide refunds We use your name and contact details to fulfill our contract with you and deliver your orders, and we use your payment information to process payments and comply with applicable law.
Application for financing solutions offered by financing providers We collect your financing information on behalf of the financing provider you choose and send the information to that financing provider to facilitate your application to financing products.
Sending you account information We need your name and contact details to deliver important account information to you, such as order confirmations and notices, changes to account settings, and notices about the Site, the App, or the terms and policies that apply to them.
To offer an improved user experience We use your communications and contact history with us, as well as other information such as additional profile information, to operate, protect, improve and optimize the Site and the App and to personalize and customize your experience.
Analytics, training and quality assurance We may use information you provide to us to train our staff, improve our services and offerings, and perform other internal analytics and performance monitoring.
Communication, marketing and advertising We may use information you provide to us to deliver and personalize our communications with you, or to administer referral programs, rewards, surveys, sweepstakes, contests or other promotional activities.

Information we automatically collect from your use of the Site or the App

  • Purchase history and saved items (such as what you bought and what you’ve placed in your cart or saved)
  • Log data and device information (such as details about how you’ve used the Site or the App, IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, location data and page/product views or clicks)
  • Geo-location information (such as IP address, browser information or mobile GPS information)
  • Cookies and similar technologies (such as web beacons, pixels, and mobile identifiers; to learn more about these technologies and how you can control them, see Our Cookie Policy)
How we use information we automatically collect Why we collect it
To provide customer service and process returns We use your saved products to help you make a purchase, and we use your purchase history to uphold our contract with you and ensure that you’ve had a great customer experience.
To offer an improved user experience We use your log data and device information to operate, protect, improve and optimize the Site and the App and to personalize and customize your experience.
To create and maintain a secure environment We use automatically collected information to comply with applicable law and to measure the adequate performance of our contract with you.
Analytics, training and quality assurance We may use automatically collected information to train our staff, perform internal analytics, detect and prevent fraud and improve our services and offerings.
Communication, marketing and advertising We may use automatically collected information such as cookies and similar technologies to provide the most relevant advertising to you.

Information we collect from third parties, including third party services (for example if you link, connect, or login to the Site or the App with your Google, Facebook, Instagram or Twitter accounts) or other sources (such as your contacts or brands we partner with)

  • Your name and contact details (such as your email address, mailing address, phone number and password)
  • Social media handles (such as your Twitter or Instagram handle)
  • Other information (such as demographic data, fraud detection information and information about you and your activities, experiences and interactions on and off the Site and the App)
How we use information from third parties Why we collect it
Registration and profile We will use information from third party services if you register with us using another service, such as Facebook or Google, including Google’s one-tap login service. Connecting to third-party applications or services is optional. If you create your account by connecting through another service, we will collect public information from that connected account to help complete your profile.
Communication, marketing and advertising We may use information we collect or receive from third parties to deliver and personalize our communications with you, or to administer referral programs, rewards, surveys, sweepstakes, contests or other promotional activities.
Non-member referrals We may obtain your information from a friend or other contact who wants to invite you to use the Site or App. We will use your information to facilitate your invitation and administer our referral program.
To create and maintain a secure environment We may obtain your information from third party service providers and/or partners (e.g. identity verification services) and combine it with information we have about you for fraud prevention and risk assessment efforts.

When We Share Your Information

We share your information with the following categories of recipients as an essential part of being able to provide the Site, the App, the Service and related services and offerings, including customer service, to you:
  • Owenie Inc. subsidiaries and affiliates. Owenie subsidiaries include CastleGate Logistics Inc. and SK Retail, Inc.
  • Companies and individuals that help us deliver our products to you, such as suppliers, payment service providers, logistics professionals, and delivery and freight companies.
  • Professional service providers who help us run our business, such as marketing companies, software vendors, consultants, and advertising partners.
  • Companies approved by you, such as social media sites (if you choose to link your accounts to us) and payment processors or financing providers and card issuing banks if you choose to use their services or offerings.
  • Government and law enforcement agencies, to (i) comply with a legal process, subpoena, order, or other legal or regulatory requirement; (ii) enforce our Terms of Use or other policies; or (iii) pursue available legal remedies or defend legal claims.
We share your information with third parties only as described in this Privacy Policy, with your consent, or as disclosed at the time we collect your information. We may anonymize your information and share such anonymized information with third parties for any purpose permitted by applicable laws.

Financing Providers

If you chose to apply for a financing product offered by a financing provider, we collect some of your financing information on behalf of that provider. Once you have completed the application form, we send the data to the financing provider and delete it immediately from our systems, except for information we need to keep in order to provide services to you. We will not use your financing information for any other purpose.

Our Cookie Policy

We use cookies when you visit our Site and App to analyze traffic, optimize performance and content and to provide an integrated and more personalized shopping experience for customers. Cookies are small text files that are stored by your Internet browser on your computer. While our cookies may change from time to time, we generally use the following types of cookies:
  • Functionality cookies, which allow you to navigate the site and use our features.
  • Analytics cookies, which allow us to measure, analyze and understand how our customers use the Site and to identify ways to improve both its functionality and your shopping experience. For example, we use Google Analytics to help us evaluate your use of the Site, to compile reports on website activity, and to provide other services related to website activity and internet usage. To learn how Google Analytics collects and processes data, please visit: “How Google uses information from sites or apps that use our services” located at www.google.com/policies/privacy/partners.
  • Customer preference cookies, which help us remember your preferences (like your language or location) and make your experience more personalized to you.
  • Targeting or advertising cookies, which allow us to deliver digital ads relevant to you. These types of cookies also limit the number of times that you see an ad and help us measure the effectiveness of our marketing campaigns. We use cookies to help us identify and retarget users who may be interested in our products, services or offerings both on our Site and on third party websites. For example, we use proprietary technology to specifically target users by creating advertising material based on the users’ previous behavior. To disable interest-based ads, please see Direct Marketing and Behavioral Advertising below.

You can prevent the use of cookies by changing the settings in your web browser so that (i) it does not accept new cookies, (ii) it informs you about new cookies, or (iii) it deletes all already received cookies. By deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions of our Site (such as storing items in your Cart between visits, customizing your website experience, and making marketing messages more relevant).

We also use web beacons to help us identify your computer and evaluate user behavior, such as reactions to promotions. Web beacons are small GIF files that can be embedded in other graphics, emails, or similar. To prevent web beacons on our site, you can use tools such as AdBlock Plus. To prevent web beacons in emails, please set your mail program so that no HTML is displayed in messages.

Direct Marketing and Behavioral Advertising

We may directly send you marketing communications and materials by email, postal mail and other channels to keep you informed of new products, promotions, and to provide other information we think may be of interest to you. You can stop receiving direct marketing messages from us at any time through your preferences here or by clicking any “unsubscribe” link in any marketing message you receive from us. Please note that it may take up to 48 hours to process your request and update our systems. Note that if you request that we stop sending you marketing messages, we will continue to send you administrative and service communications (such as order updates and other important or transactional information).

Please note that if you use more than one name or email address when communicating with Owenie or using the Site of App, you may continue to receive communications from us to any name or email address not specified in your opt-out request.

We may also display tailored interest-based advertising on both Owenie-owned and operated sites and unaffiliated sites. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as purchasing on our sites, visiting sites that contain Owenie content or ads, interacting with Owenie tools, or using our payment services. We do this using a variety of digital marketing networks and ad exchanges, and we use a range of advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as specific services offered by some sites and social networks, such as Facebook’s Custom Audience service.

We offer you choices about receiving interest-based ads from us. You can opt-out of certain interest-based ads that use our cookies by clicking here. You can also opt-out of receiving some third-party interest-based ads, or learn more about behavioral advertising, by visiting www.aboutads.info/choices or www.networkadvertising.org/choices. Please note that if you opt out of behavioral advertising, you will still see advertisements – they will just not be tailored to your interests. Also note that deleting browser cookies can remove the cookie preferences you have made, so you may need to opt-out again in the future.

Blogs, Reviews and Forums

The Service also may from time to time offer publicly-accessible blogs, reviews or forums. Any information you provide in these areas may be read, collected and used by others who access them. To request removal of your information from blogs, customer reviews or forums, please contact us here. Please note that in some cases we may be unable to remove your information.

Our Security Measures

The security of your information is important to us. We use appropriate technical and organizational safeguards to protect your information from unauthorized use, disclosure, and loss. Encryption technology, including current industry-standard encryption protocols, is used to protect personal information in certain areas of our websites during transmission across the Internet. We use a PCI-compliant payment service provider over a secured network. If you have questions about the security of your information, please contact us here.
We encourage you to take reasonable measures to protect your password and your computer to prevent unauthorized access to your account. Remember to sign out of your account and close your browser window if you are using a shared computer in a public place such as a library or an Internet cafe.

Keeping Your Information

We will keep your information for as long as you have an account or as long as we need it to fulfill the purpose for which it was collected or disclosed to you at the time of collection. We may also keep some of your information as required to meet legal or regulatory requirements, resolve disputes, prevent fraud or abuse, enforce our Terms of Use, or for other permissible purposes.

When we no longer have a need to keep your information, we will either delete it from our systems or anonymize it so that it no longer identifies you.

Children’s Privacy

The Site, App and Service are not directed to children, and we do not knowingly collect information from children under 13. If you are a parent or guardian and believe that we have information about your child, please contact us here. To learn more about how to protect your child online, visit the FTC’s www.OnGuardOnline.gov.

Information for Visitors from California and Outside of the United States

Privacy Rights for California Residents

This privacy policy describes the categories of personal information we collect from you, the methods and business purposes of collecting such personal information, the categories of third parties with whom we may share it, and the rights you have regarding the personal information. California residents have the right to request that Owenie disclose what personal information it collects, uses, discloses or sells. Owenie does not sell your personal information to third parties without your prior consent. California residents also have the right to request the deletion of their personal information collected or maintained by Owenie. If you wish to make a request for information or to delete your account, or for any questions about our privacy practices and compliance with California law, please contact us here or via email at DataProtectionOfficer@Owenie.com. You can also designate an authorized agent to make a request on your behalf. Prior to responding to your request, we will verify your identity by matching any requested identifying information you provide against the information we have about you. We will not subject you to discriminatory treatment as a result of your choice to exercise your privacy rights.

Right to Removal of Posted Information–California Minors

If you are under 18 years of age, reside in California, and have a registered account with Owenie, you have the right to request removal of unwanted information that you publicly post on the Service. To request removal of such information, you can contact Owenie as provided below. Upon receiving such a request, Owenie will make sure that the information is not publicly available on the Service, but the information may not be completely or comprehensively removed from our systems and databases.

Visitors from Outside of the United States

The Service is hosted in the United States. If you are visiting the Service from outside the United States, your information may be transferred to, stored and processed in the United States in accordance with this Privacy Policy and applicable US laws. Please note that data protection and other applicable laws of the United States may not be as comprehensive as those laws or regulations in your country or may otherwise differ from the data protection or consumer protection laws in your country. By using the Service, you consent to transfer of your information to our facilities as described in this Privacy Policy.

Changes to this Privacy Policy

We may change this Privacy Policy from time to time to reflect new ways that we process your information. When we post modifications to this Privacy Policy, we will revise the “Last Updated” date at the top of this page. The modified Privacy Policy will be effective immediately upon posting on the Service. If we make significant changes that affect your information, we will provide you notice of such changes through the Site, the App, by email, or some other means of contact. We encourage you to periodically review this page for the latest information on our privacy practices.

How to Contact Us

We always want to hear from our customers – especially with questions, comments or concerns about our privacy practices. Please don’t hesitate to contact us here or in writing at:

Owenie LLC
Attention: Legal Department
4 Copley Place
Boston, MA 02116

Terms of Use

Last Updated: October 12, 2021
Welcome to Owenie!
Owenie LLC and its affiliated brands, including Owenie.com, AllModern, Birch Lane, Joss & Main and Perigold ( “Owenie”, “we” or “us”) provides this and other websites (including applications and other online services that are accessible through various desktop, tablet and mobile web browsers from time to time) (collectively, “Sites”) subject to your compliance with these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES. These Terms of Use constitute an agreement between Owenie and you. We recommend that you print out a copy of these Terms of Use for your records.
By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. If you do not agree to these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites.

Please note that these Terms of Use contain provisions that govern the resolution of claims between Owenie and you. Please see the Legal Disputes section for complete details.

Privacy & Security

Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern.
Information security is important to Owenie. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users. Owenie does, however, reserve the right at all times to disclose any information as Owenie deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Please click here for more information.

Changes

Owenie reserves the right, at any time, to change these Terms of Use, our Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and/or Privacy Policy as revised. The revised Terms of Use and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Use.
We will notify you of any change to these Terms of Use by updating the “Last Updated” date at the top of these Terms of Use.

Intellectual Property Rights

The Sites contain valuable trademarks and service marks owned and used by Owenie, including but not limited to, Owenie, the Owenie design logo, Joss & Main, AllModern, Birch Lane, Perigold, and the tag line “a zillion things home” (collectively, the “Owenie Marks”). Any use of the Owenie Marks without the prior written permission of Owenie is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Owenie Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of Owenie.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
Owenie uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please see our Copyright Policy.

User-Generated Content

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users (“User Content”).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Owenie that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Owenie to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Owenie’s Acceptable Use Policy set forth below.
As between you and Owenie, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Owenie, you hereby grant to Owenie a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Owenie (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.
Owenie does not endorse any User Content or any opinion, recommendation, or advice expressed therein. Owenie reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Owenie has the right to refuse, remove, edit or delete any User Content and/or to terminate any user’s access to the Sites for any reason. Owenie takes no responsibility for User Content.

Social Media Tag Usage

BY USING #OwenieATHOME, @Owenie AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE Owenie WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Owenie all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Owenie; (iv) impersonate any person or entity, including but not limited to, a representative of Owenie, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Owenie reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Owenie reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Owenie reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Sites and the Owenie Rewards Program described below. Owenie reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Owenie’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

About Our Prices

Where a product listing on our Site references a higher price, typically denoted by a strikethrough (e.g. “$549”), such higher price represents the retail price suggested by the manufacturer or supplier. In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past. For “Flash Deals”, where a product is temporarily being sold at a reduced price, an additional strikethrough price is presented that represents a recent previous price before the Flash Deal promotion. For members of the MyWay Program, if such higher price is accompanied by the MyWay logo, such price represents the offer price before applying MyWay Program benefits. The “Sale” tag on a product listing on our Site signifies that we are selling the product at a discount from a price in the previous 90 days. The Owenie’s Choice badge represents a shortlist of highly-rated, well-priced products we know customers love.
When we use the term “Closeout,” we mean either that the product has been permanently reduced and will not return to the original price or that the product is temporarily being sold at a reduced price in order to clear an overstock of either Owenie or supplier inventory. Prices of products listed on our Site as “Closeout” may fluctuate during the “Closeout” promotion period for such products. For temporary “Closeout” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “Closeout” promotion period.
We do not price match. Promotional codes can only be applied during purchase. Customer Service will be unable to honor any promotional code adjustments post-order.

Owenie Rewards Program

The Owenie Rewards Program (the “Rewards Program”) is exclusively for users of the Sites who have registered for the Rewards Program in accordance with the directions set forth below and on the Sites. Rewards Dollars may be applied to future purchases at the Participating Sites in accordance with these Terms of Use. Please click here for complete Rewards Program details, as may be in effect from time to time and which are incorporated herein by reference.

Links to Other Websites

The Sites may contain links to third-party websites (“Other Sites”) that are not under Owenie’s control. Owenie makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites. Owenie provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Owenie of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

Mobile Devices, SMS, and Mobile Applications

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from Owenie (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Use.
By opting in, you agree to receive promotional SMS text messages on your mobile device, message frequency varies. Our SMS text messaging programs may include promotional messages (84047), shopping cart reminders (84047), order updates (76069), and authentication texts (76069). Your consent is not required as a condition of purchasing any goods or services from Owenie. You can opt out at any time and for any reason by following provided instructions or by texting “STOP” to the number associated with the SMS message. You will receive one further message confirming you are unsubscribed. After this, you will no longer receive SMS messages from Owenie. If you wish to join again, you can opt in at any time. If you have any questions or require further assistance, you may respond “HELP” to the number associated with the SMS message. For more information, please contact us by emailing support@Owenie.com (please reference “Questions about SMS”).
By agreeing to receive SMS messages from Owenie, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. Carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.

Notice to California Residents

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, Owenie provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Communications with Owenie

For all communications made to or with Owenie, including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Owenie will have no obligation to protect your communications from disclosure; (ii) Owenie will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) Owenie will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

Indemnity

You agree to indemnify and hold Owenie and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Use or (iii) your violation of any rights of another user.

Disclaimer of Warranties

Owenie intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Owenie EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

Limitation on Liability

IN NO EVENT WILL Owenie OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Owenie HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Owenie is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.

Agreement to Binding Arbitration

Any dispute, claim or controversy between you and Owenie, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ‘Owenie’) arising from or relating in any way to: (1) these Terms of Use and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Use; (2) your use of any website owned or operated by Owenie and its affiliated brands; or (3) any products or services sold or distributed by Owenie and its affiliated brands or through any website owned or operated by Owenie and its affiliated brands (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court.
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

Sole Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Owenie can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or Owenie may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Jury Trial and Class Action Waiver

Except as the Terms of Use otherwise provide, you and Owenie acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Owenie may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.

Governing Law

You and Owenie agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the Commonwealth of Massachusetts apply.

Initiating Arbitration and Arbitration Rules

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Owenie will provide such notice by email to your e-mail address on file with Owenie and you must provide such notice by email to legal@Owenie.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) as currently in effect, and as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at https://www.adr.org/consumer, by calling the AAA at 800-778-7879, or by writing to the AAA Notice Address set forth below. To the extent that there is a conflict between this clause and the AAA Rules, the arbitrator shall resolve such conflicts so as to preserve the parties’ mutual obligation to arbitrate claims on an individual basis.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the AAA and to legal@Owenie.com. The AAA’s address is: American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”). You may also send a copy to the AAA online at https://www.adr.org.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Arbitration Fees

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Owenie will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
We are committed to providing for dispute resolution at a reasonable cost to consumers consistent with the AAA Rules, and any matters related to such cost, if not agreed to by you and us, will be decided by the arbitrator.

Other

To the extent that any other provision of the Terms of Use is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.

Termination

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Use. You agree that Owenie, in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Owenie believes that you have violated or acted inconsistently with these Terms of Use or for any other reason. Owenie also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that Owenie may bar any further access to the Sites. Further, you agree that Owenie will not be liable to you or any third-party for any termination of access to the Sites.
For instructions for deleting your account, please see the “Registering for the Service” section of our Privacy Policy.
The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Right to Access

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.
IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER’S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER’S USE OF THE SITES.

Outages

Owenie periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Owenie has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.

Jurisdictional Issues

The Sites are operated by Owenie from its offices in Boston, Massachusetts, USA. The Sites are intended for users who reside in the United States of America. Owenie makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Owenie reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

General Information

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire Agreement between you and Owenie with respect to use of the Sites and supersede any prior agreements between you and Owenie relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Owenie’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Owenie’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Owenie’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Owenie with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Violations

Please report any violations of these Terms of Use to the system administrator here.
Questions?
If you have questions, comments or complaints about these Terms or the Sites, please contact us here (please reference “Questions about the Sites”).