Terms & Conditions
Effective Date: July 1, 2021
Welcome to SacredSorrows.org. By utilizing the latest technology to ensure secure, efficient shopping, SacredSorrows.org (“Website”) can provide you with a broad range of high quality merchandise to help with issues of grieving and mourning. Keep in mind, however, that we here at Sacred Sorrows, Inc. (“Sacred Sorrows”, “Us”, or “We”) provide our services to you, whether personally or on behalf of an entity (“You”), subject to the following notices, terms, and conditions (“Terms” or “TAC”). By accessing and browsing this website, using any of the services we offer, signing up for promotional mailings and emails, purchasing products from us, communicating with us, and/or registering with us, you agree to be bound fully by the provisions below, without change, as are published at such time.
Internet technology and applicable laws, rules, and regulations change frequently. Accordingly, Sacred Sorrows, Inc. reserves the right to make changes to the Terms at any time. Your use of this website after such changes have been made constitutes assent to any new provisions of this TAC that may be posted on the website. However, under no circumstances shall any changes to these Terms be applied retroactively.
Product Transactions on SacredSorrows.org. Products may only be purchased by individuals who can form legally binding contracts under applicable law. The Website is not intended for persons under the age of 13. Minors under 18 and at least 13 years of age may only access the Website if they have appropriate permission and direct supervision by a responsible adult. Children under age 13 are not permitted to use the Website. You are responsible for any and all account activity conducted by a minor on your account.
Prohibited Conduct. In your use of the Website, you may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party (ii) disrupt or interfere with the security or use of the Website, (iii) interfere or damage the Website, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology, (iv) attempt to use another‘s account, or personal information, impersonate another person or entity, misrepresent your affiliation with another person or entity, including Sacred Sorrows, federal, state or municipal government, a political candidate, or create a false identity (v) attempt to obtain unauthorized access to the Website or portions of the network that are restricted from general access, (vi) engage, directly or indirectly, in transmission of ‘spam,‘ chain letters, junk mail or any type of unsolicited solicitation, (vii) collect, manually or through automatic process, information about other users without their express consent or other information related to the Website, (viii) use meta tags or other “hidden text” utilizing Website, Sacred Sorrows‘ name, trademarks, or product names, (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by Website, (x) engage in any activity that interferes with any third party‘s ability to use or enjoy the Website, or (xi) assist any party in engaging in any activity prohibited by these TAC.
If you become aware of any conduct that violates these TAC, Sacred Sorrows encourages you to contact customer service at serviceangels@SacredSorrows.org. Sacred Sorrows reserves the right, but will have no obligation, to respond to such communications.
Representations, Warranties, and Indemnification By Each Party. Each party represents and warrants to the other party: (i) that it has the full power and authority to enter into and perform its obligations under these TAC, (ii) the assent to and performance by it of its obligations under these TAC do not constitute a breach of or conflict with any other agreement or arrangement by which it is bound, or any applicable laws, regulations or rules, and (iii) these TAC constitute legal, valid and binding obligations of the parties assenting to these TAC, enforceable in accordance with these terms and conditions.
By You. You represent and warrant to Sacred Sorrows, Inc. that (i) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual or proprietary right of Sacred Sorrows, Inc. in your use of Website, and (ii) You will comply with all applicable laws, rules and regulations in your use of the Website, including these TAC.
Indemnification. You agree to hold Sacred Sorrows, Inc. and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers and shareholders (the “Indemnified Parties”) harmless from any damage, loss, cost, or expense (including without limitation attorney‘s fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these TAC by you or (ii) arising from, related to, or connected with the Website. If you are obligated to provide indemnification pursuant to this provision, Sacred Sorrows, Inc. may in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Sacred Sorrows, Inc. In some states, including the State of New Jersey, there are limitations on the enforceability of indemnification agreements in connection with consumer purchases of goods or services. In those states, this provision shall be enforceable to the fullest extent permitted by law.
Disclaimers, Exclusions, and Limitations
DISCLAIMER OF WARRANTIES. SACRED SORROWS, INC. PROVIDES ITS WEBSITE “AS IS” AND “AS AVAILABLE” BASIS. SACRED SORROWS, INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING PROVISION OF WEBSITE SERVICES. SACRED SORROWS, INC. DOES NOT REPRESENT OR WARRANT THAT IT (I) WILL PROVIDE UNINTERRUPTED SERVICE OR ACCESS, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE.
SACRED SORROWS, INC. MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TAC OR ITS RETURN POLICY AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
EXCLUSION OF DAMAGES. SACRED SORROWS, INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF OUR PRODUCTS INCLUDING ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH. SACRED SORROWS, INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF WEBSITE, BASED ON ANY CAUSE OF ACTION, EVEN IF SACRED SORROWS, INC. OR ANY OF ITS INDEMNIFIED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY. EXCEPT FOR A PARTY‘S BREACH OF A REPRESENTATION AND WARRANTIES UNDER THESE TAC OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TAC, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THESE TAC, OR SERVICES OR PRODUCTS PROVIDED BY WEBSITE EXCEED THE AMOUNT PAID BY YOU TO SACRED SORROWS, INC. FOR ANY PRODUCT(S).
IN SOME STATES, INCLUDING THE STATE OF NEW JERSEY, THERE ARE LIMITATIONS ON THE ENFORCEABILITY DAMAGES LIMITATIONS IN CONNECTION WITH CONSUMER PURCHASES OF GOODS OR SERVICES. IN THOSE STATES, THESE PROVISIONS SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
Returns. Our returns policy is set forth at www.sacredsorrows.org/returns.
At Sacred Sorrows, Inc. we hold in the highest regard our relationships with our customers. Should a dispute arise, we work hard to make things right with every consumer, including those who purchase products from us. Sometimes, a third party may be necessary to help us resolve our disputes, and these Terms limit us both to arbitration (or small claims court, if a claim qualifies) in all instances.
In arbitration and in small claims court, recovery of attorney fees by either parties shall be consistent with, but not exceed, the right to recover such fees under applicable law. This agreement, however, does not create an independent right to recover attorneys‘ fees.
Governing Law. The law which shall resolve all disputes between the parties shall be the laws of Arizona and the United States of America without reference to conflicts of laws principles.
Changes to the Website or Service. Sacred Sorrows, Inc. may, in its sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of this website, temporarily or permanently, at any time without notice to you, and will not be liable for doing so.
Termination. Sacred Sorrows, Inc. will have the right in its sole discretion, for any reason or no reason at all, without notice or liability to You or any third party, to terminate your account or your access to this website, with or without cause. Such reasons may include, without limitation: (i) your breach of any part of these TAC, (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card; (iv) you exceeding your credit card limit; (v) or “chargeback” of a fee or other payment.
If your account is terminated, Sacred Sorrows, Inc. may, in its sole discretion, delete any websites, files, graphics or other content or materials relating to your use of this website in its possession.
Following termination, you will not be permitted to use this website.
Waiver of Class Action Rights. By entering into these TAC, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these TAC or Sacred Sorrows, Inc. products must be asserted individually.
Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this website or Sacred Sorrows, Inc. products must be brought within one calendar year after such claim or cause of action arises, or forever be barred.
Integration. These TAC contain the entire understanding of the you and Sacred Sorrows, Inc. regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between us regarding its subject matter.
Additional Terms. These TAC will be binding upon each party hereto and is successors and partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any right, power, or privilege under these TAC. You and Sacred Sorrows, Inc. are ipermitted assigns. These TAC and all of your rights and obligations under them (including, without limitation, your membership, if any) will not be assignable or transferrable by you without the prior written consent of Sacred Sorrows, Inc. No failure or delay by a party in exercising any right, power or privilege under these TAC will operate as a waiver thereof, nor will any single or ndependent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these TAC. The invalidity or unenforceability of any provision of these TAC will not affect the validity or enforceability of any other provision of these terms of service, all of which will remain in full force and effect.