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profile.servererrorTERMS AND CONDITIONS
Welcome to Michaels.com. These terms and conditions apply to the Michaels website located at www.michaels.com and all other sites, services, and tools where these terms and conditions appear or are linked (collectively, the “Site”). As used in these terms and conditions, “Michaels”, “us”, or “we” refers to Michaels Stores, Inc. and its subsidiaries and affiliates.
The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”).
Your use of the Site 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. We encourage you to review the Agreement whenever you use the Site. If you do not agree to these terms, please do not use the Site.
CONTENT
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Michaels or its supplies or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Michaels and protected by U.S. and international copyright laws. Michaels and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
The Site 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 Site 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, creative derivative works from, sell or exploit in any way any of the Contents or the Site.
The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
UNLAWFUL OR PROHIBITED CONDUCT
The Site may only be used for lawful purposes in accordance with the terms of this Agreement. As a condition of your use of this Site, you warrant to Michaels that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Specifically, but without limitation, you may not:
- use the Site to transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harasses or advocates harassment of another person or promotes information that you know is false, misleading or promotes illegal activities;
- use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Michaels or generally publicly available browsers;
- make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by this Agreement;
- misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
- upload, post, e-mail or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary right of any party;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
- violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access, (ii) trying to change the behavior of the Site, (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures, (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, flooding, spamming, mailbombing, or crashing, (v) forging any header or part of the header information in any email or posting, or (vi) impersonating the Michaels website or impersonating another user;
- falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin or source of any material included on or uploaded to the Site;
- solicit password or personally identifying information from other users;
- advertise or offer to sell or buy any goods or services for any business purpose;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site, or
- commit any other act that is otherwise inappropriate for the Site, in Michaels sole judgment.
REGISTRATION AND PASSWORDS
You may be required to register with Michaels in order to access certain services or areas of the Site. Your use name and password are for your personal use only. We may refuse to grant to you the user name you request. If you register an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site if you violate this Agreement, for any reason, or for no reason. Upon any such termination, your right to use the Site will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of this Agreement that are intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
TRANSACTIONS
If you wish to purchase any product or service made available through the Site (each purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Michaels the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
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 email 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.
You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You remain responsible for any taxes that may be applicable to your Transactions.
PRODUCTS AND SERVICES OFFERED
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.
MODIFICATION
Michaels may modify or discontinue any part of the Site; charge, modify, or waive fees required to use the Site; or offer opportunities to some or all Site users. Michaels reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted to the Site. Your continued use of the Site will indicate your acceptance of the current Agreement.
PRIVACY POLICY
Notwithstanding anything to the contrary contained in this Agreement, Michaels use of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy. For further information regarding Michaels’ protection of your personal information, please refer to our Privacy Policy page.
USER SUBMITTED CONTENT
Michaels welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site ("User Content") as long as the User Content submitted by you complies with this Agreement.
You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of spam, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Michaels assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to Michaels a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Michaels the right to include the name provided along with the User Content submitted by you; provided, however, Michaels shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Michaels neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Michaels will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Michaels.
DIGITAL DESIGN LIBRARY
The Design Library contains SVG design files (the “Files”). The Files are available to you without charge for downloading. All Files are protected by copyright and are owned by Michaels. As noted in the License and Access provisions above, you may download or copy the Files for your personal use only. No right, title or interest in any downloaded Files is transferred to you as a result of any such downloading or copying. Except as specifically allowed in these Terms, you may not reproduce, publish, transmit, distribute, display, modify, creative derivative works from, sell or exploit in any way any of the Files.
Personal use of the Files does not include any production by more than one person. You may sell projects you create using the Files (the “Finished Projects”) in limited quantities only. Sales of Finished Projects may not exceed 500 items per File per user. You may not include or incorporate the Michaels name or any of its trademarks, logos or trade dress in your sales of the Finished Projects, or otherwise imply that Michaels endorses the sale of your Finished Projects.
You are solely liable and responsible for all Finished Projects, and for any claims or disputes arising as a result of your sale, offering for sale and/or distribution of the Finished Projects. You agree to indemnify and hold harmless Michaels against any disputes or claims arising from your sale, offering for sale and/or distribution of Finished Projects.
COLORS
Michaels strives to display as accurately as possible the colors of the products shown on the Site; however, Michaels cannot and does not guarantee that your monitor's display of any color will be accurate.
AVAILABILITY, ERRORS, AND INACCURACIES
If an item is out of stock, Michaels may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Michaels, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
Michaels's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Michaels makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Michaels reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
GIFT CARDS
All gift cards are deemed purchased in and issued from the State of Texas. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
State | Requirement |
---|---|
California | Remaining balance is less than $10.00 |
Colorado | Remaining balance is $5.00 or less |
Connecticut | Remaining balance is less than $3.00 |
Maine | Remaining balance is less than $5.00 |
Massachusetts | If at least 90% of the Gift Card has been redeemed |
Montana | Remaining balance is less than $5.00 and the original value was more than $5.00 |
New Jersey | Remaining balance of less than $5.00 |
Oregon | Remaining balance is less than $5.00 *Card must be used at least one time before redemption. |
Rhode Island | Remaining balance is less than $1.00 |
Texas | Remaining balance is less than $2.50 and the original value was greater than $5.00 |
Vermont | Remaining balance is less than $1.00 |
Washington | Remaining balance is less than $5.00 |
Note: All States not listed above are excluded from processing a cash back refund from a Gift Card balance.
RETURNS
If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms & Conditions in its entirety.
IN STORE PRICE MATCH POLICY
Michaels will match any competitor’s advertised price on items identical in brand and size. Advertised product must be currently valid and not expired. Price applies to current, locally advertised prices. Online Only specials will not be honored in store. We will not match prices on private label brand items or clearance items. Competitors allowed to match include AC Moore, Hobby Lobby and Jo-Ann’s. To receive a competitor’s price in store, customers must present the competitors advertisement either though print version or mobile/digital (e.g. phone). For additional information, see a store associate or visit the coupon policy and price match guarantee page
EXPORT POLICY
You agree that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing, downloading, or using technology or software from the Site, you agree to abide by applicable laws, rules, and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Michaels's policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Michaels's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Michaels that your copyrighted material has been infringed. Michaels does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Michaels will respond by either taking down the allegedly infringing content or blocking access to it. Michaels may contact the notice provider to request additional information. Under the DMCA, Michaels is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Michaels a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys' fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");
Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
Be signed; and
Be sent to our DMCA designated agent at the following address:
Legal Dept/Copyright
Michaels Stores, Inc.
3939 W. John Carpenter Freeway
Irving, TX 75063
Fax: 972-409-1645
LINKS TO THIRD-PARTIES' WEBSITES
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers' sites. Michaels is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Michaels strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Michaels of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES
Michaels cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY MICHAELS ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. MICHAELS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM MICHAELS ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. MICHAELS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, MICHAELS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
MICHAELS DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk.
JURISDICTIONAL ISSUES
The Site is controlled and operated by Michaels from the United States, and is not intended to subject Michaels to the laws or jurisdiction of any state, country or territory other than that of the United States. Michaels does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MICHAELS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF MICHAELS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND MICHAELS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MICHAELS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
For New Jersey users, YOUR USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT YOU ARE VOLUNTARILY USING THIS WEBSITE AND ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE. THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) WHICH MAY OCCUR AS A RESULT OF YOUR USE OF THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE MICHAELS, AND ALL AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE AND YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST MICHAELS FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY. THIS RELEASE IS ALSO FOR NEGLIGENCE ON THE PART OF MICHAELS AND ITS AGENTS AND EMPLOYEES.
IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. IN THE EVENT OF ANY PROBLEM WITH A PRODUCT THAT YOU PURCHASED OR OTHERWISE AVAILABLE ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS LIMITED TO A REFUND OF THE PURCHASE PRICE OF THE PRODUCT.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Michaels and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
For New Jersey users, you would not be required to defend, indemnify or hold harmless Michaels and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs or expenses arising out of Michaels own negligence.
NOTICES AND ELECTRONIC COMMUNICATIONS
Except as explicitly stated otherwise, any notices you send to Michaels shall be sent by mail to Michaels Customer Care, 3939 W. John Carpenter Freeway, Irving, TX 75063. In the case of notices Michaels sends to you, you consent to receive notices and other communications by Michaels posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Michaels provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to custhelp@Michaels.com. You may also contact us by writing to Customer Care, Michaels Stores, Inc., 3939 W. John Carpenter Freeway, Irving, TX 75063, or by calling us at (800) MICHAELS or (800) 642-4235. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
APPLICABLE LAW; DISPUTES
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, UNITED STATES OF AMERICA, WITHOUT REGARD TO TEXAS’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF TEXAS LOCATED IN DALLAS COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE.
SAME DAY DELIVERY
For Same Day Delivery on Michaels.com, the order will be Delivered by an Instacart last mile delivery driver. As such, these Same Day Delivery orders on Michaels are subject to the following terms and conditions: https://www.instacart.com/terms
MISCELLANEOUS
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Michaels with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
CONTACT US
If you have any concerns about Michaels or your use of the Site, please contact us with a detailed description, and we will try to resolve it.
Effective Date: May 2015
Your Privacy Rights
This Privacy Statement (“Privacy Statement”) describes the information that Michaels Stores, Inc., its affiliated companies, subsidiaries and service partners including Aaron Brothers, Inc., Artistree, Inc., Hancock Fabrics, and Lamrite West, Inc. d/b/a Darice, Inc. (collectively, “Michaels”) collects about you; how we use and protect this information; and the choices you can make about how we use this information.
Information Covered by This Statement
This Privacy Statement applies to information, including personal information, collected about you by Michaels. Personal information is information that could reasonably allow you or your household to be identified. Some Michaels sites (such as Michaels.com, michaelswedding.com, michaelskids.com and aaronbrothers.com) may contain links to non-Michaels sites. We are not responsible for the privacy policies of those sites. We recommend you review the privacy policies of each site you visit.
Information We Collect
We may collect information about you from a variety of sources, including information we collect from you directly; information we collect about you when you visit our sites, use our services, make purchases, or view our online advertisements; and information we collect about you from other sources. We collect personal information about our users over time and across different websites when you use this website or service. Third party service providers may also collect personal information this way.
Information we collect directly from you:
We collect information directly or indirectly through your use of the website, register with our site, participate in our offers and programs, purchase products from our site or in stores, call Customer Care, participation in the Michaels Maker Community, or otherwise provide information directly to us. The following are examples of information we may collect directly from you:
- Name, email address, postal address
- Username and password.
- Phone number or mobile number.
- Age.
- Geolocation information.
- Date of birth.
- Demographic information.
- Payment information (such as a credit card) and transaction history.
- Future communication preferences.
Information we collect when you visit our sites, use our services, or view our online advertisements:
We use cookies and other technologies to collect information about you when you visit our sites, use our services, or view online advertisements. The following are examples of information we may collect with these technologies:
- Your browser type and operating system.
- Web pages you view.
- Links you click.
- IP address.
- Site you visited before coming to our site.
- Michaels emails you open and/or forward.
- Michaels offers or links you connect to via emails.
Information we collect from other sources:
We may obtain information about you from other sources, including commercially available sources, such as data aggregators and public databases. The following are examples of information we may collect from other sources:
- Name, postal address.
- Age.
- Income level.
- Marital status and number of children.
- Your interests such as hobbies and pets.
- Consumer and market research data.
- Purchase behavior.
- Publicly observed data or activities, such as blogs, videos, internet postings, user generated content, and in-store shopping behavior.
All of the information we collect about you may be combined, which helps us tailor our communications to you and maximize your customer experience with Michaels.
“Do Not Track”
Do Not Track (DNT) is a privacy preference that users can set in certain web browsers. When a user turns on DNT, the browser may send a signal or other message to web services requesting that they “do not track” the user. At this time, we do not change our practices in response to Do Not Track browser settings. For information about do not track, visit www.allaboutdnt.org.
How We Use This Information
To provide offers, products and services. We use the information we collect to provide the products and services you request, to tell you about other products and services offered by Michaels, and to manage our sites and services.
The following are ways we may use the information we collect about you:
- Send offers and information.
- Develop new products and services.
- Enroll you in contests, programs, or offers you request.
- To provide you with other services.
- Create and manage your account.
- Process payment for purchases or other services.
- Protect against or identify possible fraudulent transactions.
- Provide you with customized, unsolicited offers and information about Michaels products and services.
- Develop and provide advertising tailored to your interests.
- Analyze the use of our products, services and sites.
- Understand how you arrived at our site.
- Determine the effectiveness of our advertising.
- Enforce our Terms and Conditions and otherwise manage or protect our business.
- In the event of a sale of Michaels, we may transfer your information as part of the transaction.
Your Choices & Access to Your Information
We give you choices about how we communicate with you.
Electronic and Mobile Communications. We only send you promotional mobile or email messages if you provide us with your contact information and opt in to receive the messages. You can stop receiving promotional mobile and email messages from Michaels by following the instructions provided in any such message you receive.
You agree that by opting-in and providing your wireless telephone number to Michaels you’re expressly consenting to receive automated marketing text messages from Michaels to the mobile number provided. Consent is not required to purchase goods or services. You further understand that your information will be used as described here
Postal Mail. We may mail you unsolicited offers or product information that we believe is of interest to you. Promotional postal mail may contain opt out instructions, and you can stop receiving promotional postal mail from us by following those instructions.
Access. You can view, correct or update the personal contact information you provide us by navigating to “My Michaels” and logging in with your username and password.
How to Opt-In and Opt-Out of Communications
Our Site provides you the opportunity to opt-in and to opt-out of receiving communications from Michaels. To have your information removed from the Michaels database, please contact us with your request online, by email or by phone as follows:
Online. Visit the “Contact Us” form on our website, and submit the completed form.
By email. Send an email to custhelp@michaels.com from your email address of record with a subject line of UNSUBSCRIBE.
Click “Unsubscribe.” Each email we send you contains an “UNSUBSCRIBE” link at the bottom of the email. Open your email, click “UNSUBSCRIBE”, and follow the instructions on the screen to change your communication preferences.
By phone. Call 1-800-MICHAELS and ask to be removed from future mailings.
PLEASE NOTE: If you choose to stop receiving promotional messages from us, we will honor your request. However, we will continue to send you service related communications with respect to transactions and we may need to keep the transaction information we have collected about you for record keeping, to the extent permitted by law.
Tracking Tools: Cookies, Web Beacons and other Technologies
We may use tracking tools to serve you with interest-based advertising and to better understand your behaviors and browsing activities. We permit third parties to gather information through our websites, including for behavioral advertising purposes. You can opt out of online behavioral advertising by going to www.aboutads.info/choices.
Cookies. A cookie is a small file placed on your computer when you visit a site that can be understood by the site that issued the cookie. We use cookies to monitor how our sites are used and to help personalize your online experience. For example, when you register on our sites, we may store a unique code in a cookie on your computer. The next time you come back to the site from that computer, our servers use the cookie to recognize you. We can then use the information you provided when you registered combined with your activities on our sites to provide you advertising and offers of interest. Most browsers automatically accept cookies. Your browser gives you the ability to delete or reject browser cookies. If you block cookies, certain features on our website may not work. We do not store any sensitive personal information about you in the cookie. If you block or delete cookies, not all of the tracking that we have described in this policy will stop.
Third-Party Advertising. We allow third parties, including business partners and ad networks, to display advertising on our sites. Some of these companies place a cookie on your computer to recognize your computer each time they send you an online advertisement. This enables them to understand where you, or others who are using your computer, saw their advertisement and deliver ads that they believe are of interest to you. We do not control these companies' use of cookies.
Web Beacons. Web beacons are small bits of code embedded in web pages or in emails. We use web beacons to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We also include web beacons in e-mails to learn if messages have been opened, acted on, or forwarded.
Other Technologies. Examples of other technologies we may use to provide better service to you include:
- Web Session Variables. Information that is passed from one web URL to another as you browse.
- Browser plug-ins/add-ons. Additional web components that may need to be installed to enable certain web features on our sites. You have the option not to install these components.
Information Sharing, Service Partners and Affiliates
Third-party service providers. We rely on third-party service providers to perform a variety of services on our behalf. In so doing, we may need to share your personal information with them. Please note that we provide our service providers with only the personal information they need to perform their services and we require that they protect this information and not use it for any other purpose.
For example, we may rely on a service provider to:
- Fulfill your product and service requests and answer your questions.
- Host our sites and deliver our email and mobile messages.
- Contact contest winners, manage payments or take other actions on our behalf.
- Analyze data, sometimes combined with other sources, to send more targeted communications to you.
- Conduct research and analyze data to improve our products, services and sites.
In addition, we may also rely on a service provider to:
- Combine personal information about you that Michaels has collected with personal information about you that our business partner has collected so we can jointly send tailored promotional communications to you. In such instances, our business partner will not have direct access to any information we share about you with the service provider, and only the service provider will be allowed to use the combined set of information to send you joint communications that we hope will be of interest to you. If you prefer not to receive these joint communications, you can always opt out by following the instructions provided in any such communication or by logging in to your account on Michaels.com and changing your communication settings.
- Perform other services that we request.
We provide these companies with the personal information they need to provide these services on our behalf. We require these companies to protect this personal information and to not use the information for any other purpose.
Other situations. We may disclose your personal information
- If Michaels, a Michaels entity or business is sold to another company;
- To protect and defend the rights and property of our customers, the public, or Michaels (including enforcing our Terms and Conditions); and
- When we believe disclosure is necessary to comply with law, regulatory requirements, or requests from public authorities.
Aggregated, deidentified and non-personal information. We may share aggregated information that cannot identify you for general business analysis. For example, we may disclose the number of visitors to Michaels sites or services.
User Generated Content
Michaels Sites (such as Michaels.com, michaelswedding.com, michaelskids.com and aaronbrothers.com) enable users to submit their own content for contests, blogs, videos, the Michaels Maker Community, and other functions. Please remember that any such information you disclose becomes public information and is not covered by this Privacy Policy. You should exercise caution when deciding to disclose your personal, financial or other information in a submission. Michaels cannot prevent such information from being used in a manner that may violate this Privacy Statement, the law, or your personal privacy and safety. Michaels is not responsible for user generated content. User generated content remains the sole responsibility of the person who submitted it.
Information Security
We use technical, administrative, and procedural measures in an attempt to safeguard your personal and other information from unauthorized access or use. No such measure is ever 100% effective and we do not guarantee that your personal and other information will be secure from theft, loss, or unauthorized access or use, and we make no representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such information. Users are responsible for maintaining the secrecy of their own passwords. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us by contacting us at 1-800-MICHAELS (1-800-642-4235).
Please note that email may not be encrypted and cannot be considered a secure means of transmitting credit card numbers. Michaels will never ask you to submit your credit card information via email.
Children's Online Privacy
We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to participate in and monitor their online activity.
We do not knowingly collect personal information from children under 13 online.
Our COVID-19 Response
Your and our team members safety is our top priority. To that end, we’ve implemented the following steps:
- We have implemented daily temperature check screenings for team members
at all Michaels stores and facilities in the U.S.
- When conducting the temperature check, we collect body temperature readings in order to determine safe entry protocols and restrict access for those individuals expressing COVID-19 symptoms and to maintain a safe work environment and prevent the spread of COVID-19. Michaels will delete the data on a weekly basis.
- This data may be shared with third party governmental agencies only if required by applicable law, regulation or order.
- Other measures may be implemented pursuant to guidelines and/or regulations issued by federal, state, or local authorities.
Contact Us
If you have questions or concerns regarding your privacy, please contact Michaels directly.
Contact Us by Mail:
Michaels Stores, Inc.
Attn: Customer Service
8000 Bent Branch Dr.
Irving, TX 75063
Contact Us by Phone:
1-800-MICHAELS
(1-800-642-4235)
Monday – Friday : 8 AM to 7 PM CST
Saturday: 9 AM to 6 PM CST
Changes to This Privacy Statement
We will post changes to this Privacy Statement and update the effective date when this Privacy Statement is updated. The changes will take effect as soon as posted. We encourage you to periodically review this page for the latest information on our privacy practices.
State and Country Specific Information
CALIFORNIA
Under California Civil Code Section 1798.83, also known as Senate Bill 27, if you are a California resident and Michaels has an established business relationship with you, you have the right to request information from Michaels,
free of charge, regarding the manner in which Michaels shares certain categories of your personal information with third parties (whether collected online or offline), for the third parties' direct marketing purposes. California law provides that
you have the right to submit a request to Michaels at its designated address and receive the following information: 1. The categories of information Michaels disclosed to third parties for the third parties' direct marketing purposes during the
preceding calendar year; 2. The names and addresses of third parties that received such information; and 3. If the nature of a third party's business cannot be reasonably determined from the third party's name, examples of the products or
services marketed, subject to certain exceptions. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually.
For purposes of this paragraph, “Michaels” means Michaels stores and the site. “Third Party” means a business that is outside the Michaels family, and affiliates of Michaels Stores, Inc. You will notice that the “Third Parties” listed in this notice are Michaels affiliates. These affiliates are listed as “Third Parties” because, under Senate Bill 27, any business that is a separate legal entity must be listed as a “Third Party.”
Our Michaels affiliates who may have received your information are as follows:
Aaron Brothers, Inc
8001 Ridgepoint Drive
Irving, TX 75063
Artistree, Inc.
2475 Esters Blvd, Suite 100
DFW Airport, TX 75261
Hancock Fabrics
8000 Bent Branch Drive
Irving, TX 75063
Lamrite West, Inc. d/b/a Darice, Inc.
13000 Darice Parkway
Strongsville, OH 44149
This same California law permits Michaels to provide you, in response to your written request, with a cost-free means to choose not to have your information shared rather than providing the above described information. Michaels designated email address for such requests is CAPrivacyRights@Michaels.Com. You may also request this information by writing to: Legal Department, Michaels Stores, Inc., 8000 Bent Branch Drive, Irving, Texas 75063. Additionally, you may request that Michaels not share your personal information with third parties for their direct marketing use by following the How to Opt-In and Opt-Out procedures outlined above.
CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (CCPA)
You have the right to request, twice a year and free of charge, information that Michaels collects, uses, discloses and sells by following the instructions under “How to Make a Request” below.
You may delete your personal information collected or maintained by Michaels by following the instructions under “How to Make a Request” below. We cannot keep a record of individuals whose personal information we have deleted so you may be contacted again by us, should we come into possession of your personal information at a later date.
If you decide to delete your personal information, you may lose out on coupons and other targeted incentives that may save you money. In order to keep these incentives, Michaels must have access to your Identifiers and Commercial Information listed below. You can opt-in to these incentives by joining our loyalty program; however, if you request to have your personal information deleted via the methods listed below, you will no longer have access to these incentives.
If you exercise your rights under the CCPA, Michaels will not discriminate against you.
How to Make a Request
To make such a request, please submit your request via the this webform. You also may contact us via our customer care line at 1-800-642-4235. Once the webform is submitted you will receive an email to the email address you have mentioned in the webform that you have to confirm your submission. You will have seven days to take this action, once confirmed Michaels will take action on your request for information or request for delete in 45 days. If more time is needed to respond, Michaels will notify you. You may use an authorized agent to make a request on your behalf.
Michaels has collected, will collect and has disclosed the personal information in the last 12 months described in the categories below:
- Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): A name, signature, address, telephone number, driver's license or state identification card number, bank account number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories.
- Protected classification characteristics under California or federal law: Age (40 years or older), sex (including gender, gender identity, gender expression) or veteran or military status
- Commercial information: Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Biometric information: Behavioral, characteristics, or activity patterns used to extract a template or other identifier or identifying information.
- Internet or other similar network activity: Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
- Geolocation data: Physical location or movements.
- Inferences drawn from other personal information: Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
VERMONT
Vermont law places additional limits on sharing information about Vermont residents. As long as a user remains a resident of Vermont, we will not share information we collect about Vermont residents to companies outside of Michaels or
to Michaels affiliates, except:
- To companies that perform marketing or other services on our behalf;
- Contact information (like name and address), and transaction information (such as your payment history), with companies we have Joint Marketing Agreements with;
- With the authorization or consent of the Vermont resident; or
- As permitted or required by law.
CANADA
Michaels complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information Protection and Electronic Documents Act.
Michaels will only use your personal information for the purposes intended and as detailed in this Privacy Statement unless we have obtained your consent to use it for other purposes.
Residents of Canada are notified that the personal information they provide to Michaels is stored in the company's databases outside of Canada including in the United States and may be subject to disclosure to authorized law enforcement or government agencies in response to lawful demand pursuant to the laws of that country.
Consumers With Disabilities
We are committed to world-class service for all of our guests. In compliance with the Americans With Disabilities Act As Amended and other state, local and provincial laws, we provide effective communication with our hearing-impaired customers and assistance for customers with any special need. Please let us know how we can accommodate you!
MICHAELS TEXT MESSAGING TERMS & CONDITIONS
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Michaels, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Michaels reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Michaels also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Michaels, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to our Michaels Terms of Use.
Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Michaels and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Michaels through any other programs you have joined until you separately unsubscribe from those programs.
Help
Text the keyword HELP to our shortcode to return customer care contact information.
Customer Care
If you are experiencing any problems, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.
Contact
This message program is a service of Michaels, located at 8000 Bent Branch Dr, Irving, Texas 75063.
Dispute Resolution
- General. In the interest of resolving disputes between you and Michaels in the most expedient and cost effective manner, you and Michaels agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Michaels or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Michaels or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Michaels ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Michaels to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim
- Arbitrator. Any arbitration between you and Michaels will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879 , or by contacting Michaels. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Michaels intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Michaels address for Notice is: 8000 Bent Branch Dr, Irving, Texas 75063, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Michaels will make good faith efforts to resolve the claim directly, but if you and Michaels do not reach an agreement to do so within 30 days after the Notice is received, you or Michaels may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Michaels must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Michaels will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Michaels for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Michaels agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Michaels made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND Michaels AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Michaels agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Michaels makes any future change to this arbitration provision, other than a change to Michaels address for Notice, you may reject the change by sending us written notice within 30 days of the change to Michaels address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Michaels.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
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