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Privacy Policy

PRIVACY POLICY

Welcome to the website of CMI Investments, LLC d/b/a Heart On My Sleeves (together with any of its subsidiaries or corporate affiliates, "HOMS," "we," "us" or “our”)! At HOMS, our goal is to protect the privacy and security of your personal information.

To achieve that goal, this Privacy Policy describes the types of information we may collect from you, how this information may be used, disclosed and safeguarded, and how you can control its use.

This Privacy Policy governs your experience on this website (and any associated webpages, including use of any of our services through a mobile device, mobile application or otherwise) (the "Website") unless otherwise indicated.

In conjunction with this Privacy Policy, you should also review our Terms of Use & Terms of Sale for a more complete understanding of the rules governing our Website, products and services.

INFORMATION COLLECTION

Information we collect from or about you may vary depending on how you use the Website and information you may choose to provide to us and to other sources.

INFORMATION YOU PROVIDE TO US:

HOMS collects information from you when you choose to provide it to us. This includes, but is not limited to, individually identifiable information, such as your full name, a user name and password, email address, phone number, physical address, credit card information and other billing information.

Examples of ways in which we may collect such information from you include the following:

  • Registration and Ordering: Before using certain parts of this Website or ordering products or services, you must complete a registration form and/or create an account. This will require you to provide certain personal and billing information.

If you create an account using your login from a third party service, like Facebook or Twitter, we will access and collect the information that your privacy settings on that third party service permits us to access so that we can create your account for you. Additionally, if you choose to connect your contacts and address book information with your account, we will also collect the contact information of your friends so that you can connect with your friends when you use our Website.

  • Marketing Emails: We may send marketing and or promotional emails to the email address you provide to us. You may unsubscribe at any time from receiving these marketing messages by clicking on the "Unsubscribe" link contained in any promotional email or contact us at legalhomsclothing@mail.com (and put "Unsubscribe" or "Opt Out" in the subject line). (Please note that despite unsubscribing from such marketing communications, we may still contact you in relation to your order(s) or any issues relating any business you conduct with us.)

You can choose not to provide us with Personal Information, but then you may not be able to fully take advantage of certain features of our Website and we may not be able to provide you with certain products and/or services.

INFORMATION WE AUTOMATICALLY COLLECT:

We may use cookies, web beacons, pixel tags or other technologies to automatically collect certain information when you use our Website, or interact with our emails on or from our Website or other websites. This information may include your IP address, browser type, geolocation data, unique user ID, cell phone model, operating system and carrier, and Internet Service Provider. We also may collect information about your use of our services, such as the number of times you return or visit the Website, whether you click-through, open, or forward links, emails, and ads, the URLs and webpages you've visited, sections of or content on pages of the Website on which you click or in which you are interested, the number of times you visit each webpage, what downloads and/or search queries you have made, how long you spent on particular sections of the Website and on the Website generally, and other Website usage data. These technologies (including cookies on the Website) allow us to keep track of your order as you shop on our Website, recognize registered users when they visit, and provide registered customers with information and advertising that is more relevant to them. If you register with or order from us, we may use cookies or other technology to monitor and maintain information about how you use our Website and what you buy. If you do not register with or order from us, we may monitor and maintain information about your use of the Website in order to improve your shopping experience and provide you with more relevant products, content and advertising.

Cookies: Certain parts of our Website require cookies. You may adjust your browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of our offerings. However, you can still place orders over the telephone by contacting our customer service number at 1+ (510) 270 2294.

Online Behavioral Advertising: We may partner with third party ad network(s) to either display advertising on our Website or to manage our advertising on other websites. Our ad network partner(s) may use cookies and/or web beacons to collect non-personally identifiable information about your activities on our Website and other websites to provide you with targeted advertising based upon your interests. Our system may not respond to Do Not Track requests or headers from some or all browsers. To learn more about the use of cookies or other technologies to deliver more relevant advertising and your choices about not having this information used by certain service providers, please contact us at legalhomsclothing@mail.com .

Information Collected From Other Sources: We may obtain information about you from other sources, including commercially available sources, such as social networks, data aggregators and cooperatives and public databases. This information may include name, demographic information, interests, and publicly-observed data, such as from social media and shopping behavior. We may combine the information we receive from and about you, including the information you provide to us, information we receive from third parties, information we automatically collect (as explained above) and information provided or collected offline.

INFORMATION USE

We may use the information we collect from and about you for the following purposes:

  1. To personalize and improve our services, the Website, and allow you to set up a user account and profile that can be used to personalize your experience in using our services;
  2. To provide you with a streamlined checkout experience;
  3. To process and fulfill your order(s)/purchase(s), contact you concerning the status of an order/purchase, answer questions, respond to your inquiries or requests, or otherwise contact and communicate with you when necessary;
  4. To provide you with targeted offers and advertising, including on the Website, via direct mail, e-mail, text message, or push notifications, and to contact you about upcoming HOMS sales, promotions, offers and product information. You may receive these offers in advertising that is directed to you via third party websites and media properties, including in social media.
  5. To help us learn more about our visitors and customers, and to improve their shopping experience and our business;
  6. To develop new products and services;
  7. To research and address any problems with our Website, business, and our products and services;
  8. To protect the security or integrity of the Website and our business; and
  9. Otherwise, as described to you at the point of collection.

INFORMATION DISCLOSURE

We do not share, sell, lease or rent information about our customers to unaffiliated third parties, except in the following circumstances:

  1. We may share aggregate, anonymous or summary information regarding our customers and their behaviors with partners, advertisers or other third parties. This data is not personal information and so will not identify you personally.
  2. The information that you provide to us, including information that we automatically collect about you (as explained above) and information we receive from third parties may be used to make HOMS’ marketing efforts more efficient. The information that you provide to us, including information that we automatically collect about you (as explained above), may also be shared with trusted third parties for their own marketing purposes. If you prefer that we do not share your information with these third parties, please email us at legalhomsclothing@mail.com with “Opt Out” in the subject line along with your full name, address and email address in the body of the email.
  3. We also may share your email address with a third-party, such as a media agency, to send email and other communications, including interest-based advertising to you on our behalf. We may also share aggregated or de-identified information about you, including based on your email address, with our advertising and marketing partners, and third-party media properties, including social media sites, to allow them to send targeted advertising messages on our behalf. If you wish to stop receiving promotional communications from these third parties, please email us at legalhomsclothing@mail.com with “Opt Out” in the subject line along with your full name, address and email address in the body of the email. In addition, you may be able to opt out of these ads by clicking on an icon in the ad or through the privacy settings in each media property.
  4. We may share information with companies that provide support services to us, such as a printer, mailing house, fulfillment company, credit card processor, email service provider or web host, amongst others. These parties may need personal information about you in order to perform their functions. However, these parties may not use any personal information we share with them about you for any other purpose other than in connection with performing supporting functions for us.
  5. We may publicly disclose the name, city, and state of the winner of any sweepstakes and contests.
  6. We may be required to disclose such information in order to comply with legal requests and processes, enforce our Terms of Use & Terms of Sale, otherwise protect or assert the rights, property, interests or personal safety of HOMS (including its employees, directors, suppliers, distributors, service providers, users of the Website or others), or if we are otherwise required to disclose such information by law. Any such release decisions may be made by us in our sole discretion.
  7. We may need to keep records of certain personal information you have provided to us or which we have obtained from you in accordance with this Privacy Policy and applicable law for business or legal purposes.
  8. As with any business, it is possible that as our business develops, we might sell or buy businesses or assets. In such transactions, information about customers often is among the transferred assets. Accordingly, in the unlikely event that our company or substantially all of our assets are acquired by a third party, such information may be one of the transferred assets. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through the Services in a manner that is consistent with this Privacy Policy.
  9. We may use your written and/or video reviews on our Website, and/or within HOMS for product improvement, product development, customer experience improvement, and possible communication/PR purposes.
  10. From time to time, we may enable you to send emails, comments and other types of messages to us and to participate in forums, blogs, interactive areas, social media website(s) operated by HOMS or a partner, in which case your name or other personal information you provide in connection with the communication may be available to the public (please see our Terms of Use & Terms of Sale for more details on this, including our ownership of your messages, Comments, etc.).

PROTECTING YOUR INFORMATION

Shopping with HOMS is easy and we strive to ensure that your information is safe and secure. As a result, HOMS has implemented certain physical, administrative, and technical security measures to protect against the loss, misuse or alteration of the information you provide.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee our security measures. We are not responsible for circumvention of any privacy settings or security measures.

When using the Website, you should ensure that there is no unauthorized access to your account information by limiting access to your computer (or other device) and browser by signing off after you have finished accessing your account.

YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, you may request information about our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please write to us at the address below.

CHILDREN'S PRIVACY

We do not intentionally collect personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen (13) you should not register, order, purchase or provide information to or from HOMS. If you have knowledge that a child under the age of thirteen (13) has submitted Personal Information to us, please email us at legalhomsclothing@mail.com, and we will remove that child's personal information from our files.

CORRECTION TO YOUR PERSONAL INFORMATION OR DISABLING YOUR ACCOUNT

You can (a) access, correct, or update your Personal Information, and/or (b) disable your online account to prevent any future purchases through that account. You can make these requests by emailing your request to HOMS Customer Service department at legalhomsclothing@mail.com. Please clearly label the subject line "Corrections / Disabling Account," and do not email your credit-card number or other sensitive information. In specific circumstances, proof of identity and payment may be required.

If you would like to unsubscribe from receiving marketing or promotional emails from us, please click on the "Unsubscribe" link contained in any promotional email or contact us at legalhomsclothing@mail.com (and put "Unsubscribe" or "Opt Out" in the subject line).

CHANGES TO THIS PRIVACY POLICY

Please note that we may revise this Privacy Policy at any time and without prior notice. When we do, we will post the change(s) on the Website. In the event that we make any material change(s), we will provide appropriate notice to you. We recommend that you periodically review this Privacy Policy for any updates and/or changes. Your continued use of the Website after we make changes is deemed to be acceptance of those changes.

LINKS TO OTHER WEBSITES

We may link to or offer some of our services in connection with third party websites or applications, which may have different privacy practices. We are not responsible for the practices of such websites or applications, and we encourage you to read and fully understand their privacy policies.

QUESTIONS AND FEEDBACK

We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue at legalhomsclothing@mail.com or write to us at:

 

Heart On My Sleeve

7126  Amherst 

St. Louis MO 63130

Attn: Legal Department

TERMS AND CONDITIONS

Please also visit our Terms of Use & Terms of Sale that explains other terms and conditions governing your use of this Website.

TERMS OF USE & TERMS OF SALE

Welcome to the CMI Investments, LLC web sites, which include but are not limited to homsclothing.com (the "Sites"). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Sites (the "Agreement").

YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Sites.

Site Contents

Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by CMI Investments, LLC and other trademarks appearing on the Sites are the trademarks of CMI Investments, LLC and/or its subsidiaries.

The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.

Unless otherwise specified, the Sites and the Contents are intended to promote CMI Investments, LLC products and services available in the United States. The Sites are controlled and operated by CMI Investments, LLC from its offices in St. Louis Missouri.

The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. CMI Investments, LLC is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

User Comments, Feedback, and Other Submissions

CMI Investments, LLC is pleased to hear from users and welcomes your comments regarding our products and services. CMI Investments, LLC's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by CMI Investments, LLC's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that CMI Investments, LLC may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to CMI Investments, LLC. CMI Investments, LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. CMI Investments, LLC has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead CMI Investments, LLC or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. CMI Investments, LLC takes no responsibility and assumes no liability for any Comments posted by your or any third party.

Personal Information Submitted Through the Sites

Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Notice and Procedure for Making Claims of Copyright Infringement

CMI Investments, LLC respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide CMI Investments, LLC 's Digital Millennium Copyright Act ("DMCA") designated agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

CMI Investments, LLC's Copyright Agent for notice of claims of copyright infringement on the CMI Investments, LLC Sites can be reached as follows:

CMI Investments, LLC

Legal Department 

7126 Amherst

St. Louis, MO 63130

Phone: 1+ (510) 270-2294

Email: legalhomsclothing@mail.com

Please note that this procedure is exclusively for notifying CMI Investments, LLC and its subsidiaries that your copyrighted material has been infringed.

Product Information

The prices displayed on the Sites are quoted in U.S. Dollars.

Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.

Pricing Policy

The strike through or listed price represents a price at which we previously offered the product, or a comparable product online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect online or elsewhere in the market on any particular day or in every location.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).

Colors & Style

We have made every effort to display as accurately as possible the colors and styles of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color or style will be accurate.

Links to Other Web Sites and Services

The Sites may contain links to other Web sites that are not under the control of CMI Investments, LLC. CMI Investments, LLC has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. If you use the links, you will leave the Sites and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Sites' users.

Indemnification

You agree to defend, indemnify and hold CMI Investments, LLC harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Informal Dispute Resolution.

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and CMI Investments, LLC agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

  1. to CMI Investments, LLC at: CMI Investments, LLC Legal Department, 7126 Amherst Ave, St. Louis, MO  63130, Attn: General Counsel, or

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.

Both you and CMI Investments, LLC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and CMI Investments, LLC expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to:

CMI Investments, LLC

Attn: General Counsel

7126 Amherst, St. Louis, MO 63130

You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. CMI Investments, LLC will reimburse those fees for claims totaling less than $10,000. CMI Investments, LLC waives its right to seek attorneys’ fees and costs in arbitration. 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.

In lieu of arbitration, either you or CMI Investments, LLC may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and CMI Investments, LLC agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and CMI Investments, LLC hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or CMI Investments, LLC You may terminate this Agreement at any time. CMI Investments, LLC also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

General

This Agreement shall be governed by the laws of the State of Missouri without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of CMI Investments, LLC 's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.