top of page

STORE POLICIES (All the legal stuff)

Privacy Notice

Protecting your private information is our priority. This Statement of Privacy applies to http://www.deathandmoxie.com, and Death + Moxie, LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Death + Moxie, LLC include http://www.deathandmoxie.com. The Death + Moxie, LLC website is a ecommerce site. By using the Death + Moxie, LLC website, you consent to the data practices described in this statement. 
 
Collection of your Personal Information 
In order to better provide you with products and services offered, Death + Moxie, LLC may collect personally identifiable information, such as your: 
 
-    First and Last Name 
-    Mailing Address 
-    E-mail Address 
 
If you purchase Death + Moxie, LLC's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. 
 
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Death + Moxie, LLC's public message boards, this information may be collected and used by others. 
 
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future. 
 
Use of your Personal Information 
Death + Moxie, LLC collects and uses your personal information to operate and deliver the services you have requested. 
 
Death + Moxie, LLC may also use your personally identifiable information to inform you of other products or services available from Death + Moxie, LLC and its affiliates. 
 
Sharing Information with Third Parties 
Death + Moxie, LLC does not sell, rent or lease its customer lists to third parties. 
 
Death + Moxie, LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Death + Moxie, LLC, and they are required to maintain the confidentiality of your information. 
 
Death + Moxie, LLC may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Death + Moxie, LLC or the site; (b) protect and defend the rights or property of Death + Moxie, LLC; and/or (c) act under exigent circumstances to protect the personal safety of users of Death + Moxie, LLC, or the public. 
 
Automatically Collected Information 
Information about your computer hardware and software may be automatically collected by Death + Moxie, LLC. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Death + Moxie, LLC website. 
 
Use of Cookies 
The Death + Moxie, LLC website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. 
 
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Death + Moxie, LLC pages, or register with Death + Moxie, LLC site or services, a cookie helps Death + Moxie, LLC to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Death + Moxie, LLC website, the information you previously provided can be retrieved, so you can easily use the Death + Moxie, LLC features that you customized. 
 
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Death + Moxie, LLC services or websites you visit. 
 
Links 
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. 
 
Security of your Personal Information 
Death + Moxie, LLC secures your personal information from unauthorized access, use, or disclosure. Death + Moxie, LLC uses the following methods for this purpose: 
 
-    SSL Protocol 
 
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol. 
 
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. 
 
Right to Deletion 
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: 
•    Delete your personal information from our records; and 
•    Direct any service providers to delete your personal information from their records. 
 
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: 
•    Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; 
•    Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; 
•    Debug to identify and repair errors that impair existing intended functionality; 
•    Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; 
•    Comply with the California Electronic Communications Privacy Act; 
•    Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; 
•    Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; 
•    Comply with an existing legal obligation; or 
•    Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information. 
 
Children Under Thirteen 
Death + Moxie, LLC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. 
 
E-mail Communications 
From time to time, Death + Moxie, LLC may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Death + Moxie, LLC or click on a link therein. 
 
If you would like to stop receiving marketing or promotional communications via email from Death + Moxie, LLC, you may opt out of such communications by replying STOP or clicking on the UNSUBSCRIBE button.. 
 
Changes to this Statement 
Death + Moxie, LLC reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/or by updating any privacy information. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy. 
 
Contact Information 
Death + Moxie, LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that Death + Moxie, LLC has not adhered to this Statement, please contact Death + Moxie, LLC at: 
 
Death + Moxie, LLC 
84 King Street 
Westbrook, Maine 04092 
 
Email Address: 
info@deathandmoxie.com 
 
Telephone number: 
917-554-0430 
 
Effective as of February 28, 2023 

Terms & Conditions

CONDITIONS OF USE Welcome to our online store! Death + Moxie, LLC and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.

 

ELECTRONIC COMMUNICATIONS When you visit www.deathandmoxie.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Death + Moxie, LLC or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Death + Moxie, LLC, with copyright authorship for this collection by Death + Moxie, LLC, and protected by international copyright laws.

 

TRADEMARKS Death + Moxie, LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Death + Moxie, LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Death + Moxie, LLC. All other trademarks not owned by Death + Moxie, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Death + Moxie, LLC or its subsidiaries.

 

LICENSE AND SITE ACCESS Death + Moxie, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Death + Moxie, LLC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Death + Moxie, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Death + Moxie, LLC and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Death + Moxie, LLC’s name or trademarks without the express written consent of Death + Moxie, LLC. Any unauthorized use terminates the permission or license granted by Death + Moxie, LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Death + Moxie, LLC so long as the link does not portray Death + Moxie, LLC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Death + Moxie, LLC logo or other proprietary graphic or trademark as part of the link without express written permission.

 

YOUR MEMBERSHIP ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Death + Moxie, LLC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Death + Moxie, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Death + Moxie, LLC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Death + Moxie, LLC and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Death + Moxie, LLC or its associates for all claims resulting from content you supply. Death + Moxie, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Death + Moxie, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

 

RISK OF LOSS All items purchased from Death + Moxie, LLC are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS Death + Moxie, LLC and its associates attempt to be as accurate as possible. However, Death + Moxie, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Death + Moxie, LLC itself is not as described, your sole remedy is to return it in unused condition.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY Death + Moxie, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. Death + Moxie, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Death + Moxie, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Death + Moxie, LLC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Death + Moxie, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Death + Moxie, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

APPLICABLE LAW By visiting Death + Moxie, LLC, you agree that the laws of the state Maine, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Death + Moxie, LLC or its associates.

DISPUTES Any dispute relating in any way to your visit to Death + Moxie, LLC or to products you purchase through Death + Moxie, LLC shall be submitted to confidential arbitration in Maine, USA, except that, to the extent you have in any manner violated or threatened to violate Death + Moxie, LLC’s intellectual property rights, Death + Moxie, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Maine, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Death + Moxie, LLC. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

QUESTIONS: Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: info@deathandmoxie.com

bottom of page