Terms of service

Terms & Conditions

The ablemadeshop.com website (the “Website”) is owned and operated by Able Made PBC (“Able Made,” “us” or “we”). By using and/or visiting the Website, you assent to these terms of use (the “Terms of Use”) which include and incorporate by reference the terms and conditions of our Privacy Policy (the "Privacy Policy"). If you do not agree to any of these terms, then please do not use the Website. Able Made may revise these Terms of Use from time to time in its sole discretion, without prior notification to you of such revision. If Able Made makes changes to these Terms of Use, it will post them here. If you use this Website after changes are posted, it means that you have agreed to the Terms of Use as changed.


PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.



  1. Use of this website

For purposes of these Terms of Use, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website.


By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, or other proprietary rights and laws, and is the sole property of Able Made and/or its affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.


Neither we nor our affiliates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.


All custom graphics, icons, logos and service names are registered trademarks, tradenames or service marks of Able Made or its affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Able Made.



  1. Limited license and website access

We grant you a limited license to use the Website for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of this Website or any of the contents of this Website; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Website not intended to be so read. This includes using or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Website (including any intellectual property) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Website or to collect any information from the Website or any other user of the Website.



  1. International access

This Website may be accessed from countries outside the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States, you are responsible for complying with your local laws and regulations.



  1. Security

You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.


This Website has security measures in place to protect against the loss, misuse, unauthorized use and alteration of the information under our control. However, your confidential use of this Website cannot be guaranteed by Able Made. Able Made shall not be responsible for any harm, loss, damage, liability, cost or expense (including attorneys’ fees) that you or any third party may suffer as the result of a breach of confidentiality with respect to information you transmitted to this Website.



  1. Linking to this website

Creating or maintaining any link from another website to any page on this Website without the prior written permission of Able Made is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without the prior written permission of Able Made is prohibited. Any permitted links to this Website must comply with these Terms of Use as well as all applicable laws, rule and regulations. Able Made has not reviewed all of the sites linked to this Website and is not responsible for the privacy practices or the content of any off-Website pages or any other Websites linked to this Website, whether or not they are affiliated with Able Made. That another website is linked to this Website does not constitute endorsement by Able Made of the owner of the other site, the content of its site, or its products or services.



  1. Outside Links

This Website may contain links to other sites for your convenience. These other sites and parties are not under the control of Able Made, and you acknowledge that Able Made is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor is Able Made responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference does not imply endorsement of, or association with, the site or party by Able Made, or any warranty of any kind, either express or implied.



  1. Limitations on Able Made's liability

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website or your downloading of any materials, from this Website.


IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.



  1. Indemnification

You agree to defend, indemnify and hold Able Made and its respective officers, directors, employees, shareholders, affiliates, parent corporations, agent, successors and assigns harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this Website.



  1. Inappropriate material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.



  1. General Provisions

This Website is operated under the supervision of Able Made from its offices within the state of New York. If you choose to access this Website from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this Website in violation of United States export controls.


These Terms of Use shall be governed by and construed according to the laws of the state of New York, without regard to conflicts of laws principles thereof. Any claim or cause of action arising out of or relating to these Terms of Use shall be barred unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in New York, New York, and you consent to jurisdiction of such courts for the purpose of litigating such actions.


Whenever possible, each provision of these Terms of Use shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these Terms of Use.


Able Made reserves the right to deny in its sole discretion any user access to this Website without notice and with or without reason.


This is the entire agreement between us relating to your use of this Website. These Terms of Use may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by Able Made.

 

 

Cookies Policy

Cookie Preferences

By continuing to use this site, you agree to the use of cookies. We use cookies to provide the best possible shopping experience.

You can delete and/or block cookies by modifying the settings on your browser.



Yes, I agree        No, I do not agree

  

Last updated: May 03, 2018

Able Made PBC (“Able Made,” “us,” “we,” or “our”) uses cookies on the ablemadeshop.com website (the “Service”). By using the Service, you consent to the use of cookies.


Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.



What are cookies

Cookies are small pieces of text sent to your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.


Cookies can be “persistent” or “session” cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.



How Able Made uses cookies

When you use and access the Service, we may place a number of cookies files in your web browser.


We use cookies for the following purposes:


To enable certain functions of the Service

To provide analytics

To store your preferences


We use both session and persistent cookies on the Service and we use different types of cookies to run the Service:


Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.


Preferences cookies. We may use preferences cookies to remember information that changes the way the Service behaves or looks, such as the “remember me” functionality of a registered user or a user's language preference.


Analytics cookies. We may use analytics cookies to track information how the Service is used so that we can make improvements. We may also use analytics cookies to test new advertisements, pages, features or new functionality of the Service to see how our users react to them.



Third-party cookies

In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on.



What are your choices regarding cookies

If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser.


Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.


For the Chrome web browser, please visit this page from Google:

https://support.google.com/accounts/answer/32050


For the Internet Explorer web browser, please visit this page from Microsoft:

http://support.microsoft.com/kb/278835


For the Firefox web browser, please visit this page from Mozilla:

https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored


For the Safari web browser, please visit this page from Apple:

https://support.apple.com/kb/PH21411?locale=en_US


For any other web browser, please visit your web browser's official web pages.

 

 

ABLE MADE GIFT CARD PROGRAM

Terms and Conditions of Able Made Gift Cards, Merchandise Credit and Promotional Cards

The following Terms and Conditions of Able Made Gift Cards, Merchandise Credit and Promotional Cards (“Agreement”) set forth the terms and conditions that apply to the use by you of Able Made Gift Cards, Able Made Merchandise Credit, and Able Made Promotional Cards (collectively, “Able Made Cards” and, each, a “Able Made Card”) issued in the United States and United Kingdom. This Agreement is between you, the Cardholder, and Able Made PBC (“Able Made”).


IMPORTANT: BY PURCHASING, ACCEPTING OR USING YOUR ABLE MADE CARD, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, DO NOT PURCHASE, ACCEPT OR USE A ABLE MADE CARD. THIS AGREEMENT INCLUDES RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. PLEASE REVIEW THE PROVISIONS REGARDING ARBITRATION BEFORE PURCHASING, ACCEPTING OR USING A ABLE MADE CARD.



  1. Changes to this Agreement

Able Made reserves the right to change the terms of this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Able Made website. THE CONTINUED USE BY YOU OF YOUR ABLE MADE CARD AFTER THE POSTING OF ANY SUCH CHANGES ON THE ABLE MADE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.



  1. About Your Able Made Card

Able Made Cards are issued in card or e-card formats by ABLE MADE. ABLE MADE is an affiliated entity of Able Made PBC and is authorized to issue the Able Made Cards for sale, distribution and redemption, as the case may be, at participating Able Made stores located in the United States and United Kingdom and online through the Able Made website, as more fully described in Section 5 below. ABLE MADE is the sole legal obligor to the Cardholder. Able Made PBC and its affiliates and related entities (other than ABLE MADE) shall not be responsible or liable for the use or malfunction of any Able Made Cards, and you hereby knowingly release Able Made PBC and its affiliates and related entities (including ABLE MADE) from any and all liability or claims of any nature whatsoever arising in connection with the use of a Able Made Card.


Able Made Gift Cards can be purchased at participating Able Made locations. Coupons and other discounts cannot be applied to purchases of Able Made Gift Cards, and sales tax shall not be applied to purchases of Able Made Gift Cards. Able Made Merchandise Credit is distributed to customers by Able Made in exchange for merchandise returned by a customer without a receipt (or where a customer requests Able Made Merchandise Credit instead of a cash or credit card refund), in accordance with Able Made’s returns policy. Able Made Promotional Cards are distributed to customers by ABLE MADE pursuant to various reward or promotional programs.


No more than an amount equivalent to $1,000.00 may be loaded onto a single Able Made Gift Card or Able Made Promotional Card at any given time, and no more than an amount equivalent to $2,000.00 may be loaded onto a single Able Made Merchandise Credit at any given time (in each case including by purchasing additional value or otherwise adding value to such Able Made Card). Able Made Cards are not reloadable.



  1. Additional Information and Balance Inquiries

For information on your Able Made Card, including any balance inquiries, please email hello@ablemadeshop.com. Please note that the balance you hear is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.



  1. Expiration

Able Made Gift Cards and Able Made Merchandise Credit do not expire. Able Made Promotional Cards may be subject to expiration depending on the particular promotion. Accordingly, please refer to the specific terms and conditions on your Promotional Card for information regarding the expiration of your Promotional Card.


No fees for inactivity or service fees apply. ABLE MADE reserves the right to refuse to honor any Able Made Card in the event of a disputed credit card charge, bounced check or other failure of consideration, as applicable.



  1. Redemption

Except as may be set forth in the specific terms and conditions on your Able Made Card, Able Made Cards are redeemable for purchases of merchandise at participating Able Made retail and outlet stores in the United States and United Kingdom. Able Made Cards have no cash value and cannot be (x) transferred, exchanged or resold, (y) redeemed for cash (except as required by law) or (z) used to purchase another Able Made Card. The Able Made Card remains the property of ABLE MADE.


ABLE MADE reserves the right to refuse to honor the redemption of a Able Made Card where ABLE MADE suspects that such Able Made Card was obtained or manipulated in a fraudulent or otherwise unlawful manner.



  1. No Refunds

NO REFUNDS ARE PERMITTED WITH RESPECT TO ABLE MADE CARDS.



  1. Lost, Damaged or Stolen Able Made Card

A lost, damaged or stolen Able Made Card shall be replaced with a new Able Made Card containing the remaining balance as shown in ABLE MADE’s records only on presentation by the Cardholder of an original receipt or proof of purchase.



  1. Limitation of Warranties

ABLE MADE AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ABLE MADE CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.



  1. Limitation of Liability

IN THE EVENT THAT A ABLE MADE CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND ABLE MADE’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH ABLE MADE CARD.



  1. Disputes

You and ABLE MADE agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of a Able Made Card, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual binding arbitration, except that you or ABLE MADE may take claims to small claims court if they qualify for hearing by such a court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions set forth in this Agreement.


You and ABLE MADE agree that any arbitration under this Agreement shall take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted. You and ABLE MADE agree to waive the right to trial by jury. This Agreement to arbitrate extends to claims that you assert against other parties, including (without limitation) claims against any affiliates and related entities of Able Made PBC. This Agreement evidences a transaction in interstate commerce and, as such, the Federal Arbitration Act and federal arbitration law governs the interpretation and enforcement of this agreement to arbitrate.


This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything herein to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and ABLE MADE both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis. Reasonable attorneys’ fees and expenses shall be awarded only to the extent such allocation or award is available under applicable law.


To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to ABLE MADE’s registered agent for service of process: United Corporate Services, Inc. The arbitration shall be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer‐Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1‐800‐778‐7879. Payment of all filing, administration and arbitrator fees shall be governed by the AAA rules, except that for claims of less than $1,000, you shall be obligated to pay $25 and ABLE MADE shall pay all other administrative costs and fees. In addition, for claims of less than $1,000, ABLE MADE shall reimburse you for the $25 fee if the arbitrator rules in your favor. Reasonable attorneys’ fees and expenses shall be awarded only to the extent such allocation or award is available under applicable law.


Upon request by either party, the arbitration shall be conducted via telephone to the extent permitted by AAA rules. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction. You also agree that ABLE MADE may bring suit in court to enjoin infringement or other misuse of intellectual property rights.



  1. Choice of Law/ Forum Selection

In any circumstances where the agreement to arbitrate permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue in New York and waive any defenses or objections based on lack of jurisdiction, improper venue and forum non conveniens.



  1. Severability

The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by ABLE MADE, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.

 

 

California Consumer Privacy Act

This page applies solely to the Californian consumers’ personal information processing (excluding our employees, applicants, staff and contractors). This section is intended to address the relevant notice requirements of the California Consumer Privacy Act of 2018 (the “CCPA”), and uses certain terms having the meaning given in the CCPA. If you are a California resident, you have certain rights with respect to your personal information. Those rights and how you may exercise them are described below.



Your rights:

Subject to exceptions under applicable law, you may have certain choices regarding our use and disclosure of your personal information, as described below.


The CCPA provides California residents the following rights:


  1. Right to request to access to details about the categories or specific pieces of personal information we have collected in the last 12 months (including about information we disclosed for a business purpose)

  1. Right to request to delete their personal information

  1. Right to opt out of any sales that may be occurring, and to not be discriminated against for exercising these rights.

We do use third-party cookies and related technologies to send targeted ads and this may be deemed a "sale" under the CCPA. If you would like to opt out of the “sale” of your data, you have several options. You may click the opt out button (located below), you may email us at hello@ablemadeshop.com. You will not be required to create an account in order to opt out.


If you select to click the “opt out” button to opt an email add address out, you must follow the prompts and provide us the address. In the alternative, you may email us or use the toll free number. In either case, you or your authorized representative will need to provide us the email address you wish to opt out. We will then send a message to that address. You must reply from that email address to complete the process. This extra step is to authenticate you and prevent fraud and abuse. If you want multiple email addresses opted out, you must provide each address to us. This is because we have no reasonable way to use a single address you give us to link to other addresses you may have.


If you email us or use the toll free number, we will have no way of setting a cookie on your device. This will limit our ability to prevent the “sale” of data. For this reason, the opt out button is the most complete way to opt out of the “sale” of data.

OPT OUT



The fact that you have elected to exercise these rights will have no adverse effect on the price and quality of our products.


Opting out is not unsubscribe. Opting out of the “sale” of personal information will not prevent you from receiving marketing messages from us. If you wish to unsubscribe from our emails, please follow the unsubscribe link in one of our emails. If you wish to unsubscribe from text messages, please follow the unsubscribe process for the program you opted into.


If you would like to read more about security, please visit our Privacy Policy.