The following Terms of Use (“Terms”) constitute an agreement between The Gunny Sack LLC (“Company”), and you that governs your use of this Website and all of its associated services, content, and functionality. These Terms apply to the Website administered by Company (“Website”), located at https://simplehomemadegifts.com/. In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content published by the Company in newsletters or available through free resources, as the “Company Content.”
By using this Website or the Company Content, you accept and agree to be bound and abide by these Terms.
CHANGES TO THESE TERMS
Company reserves the right to modify, alter, amend or update its Website, the Company Content, its policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.
Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.
ADDITIONAL POLICIES INCORPORATED INTO THESE TERMS
Any additional policies or terms adopted by Company may be incorporated into these terms by reference. This includes:
- Privacy Policy, located at https://simplehomemadegifts.com/privacy-policy/, defines Company’s practices related to consumer privacy and data usage.
- Disclaimer, located at https://simplehomemadegifts.com/disclaimer/, which describes Company’s liability for aspects of the Company Content.
CONSENT TO DATA COLLECTION
These Terms incorporate our Privacy Policy at https://simplehomemadegifts.com/privacy-policy/, which explains how we and our service providers collect and use data when you use the Website. By using the Website, you consent to the collection and use of data as described in the Privacy Policy (including any linked policies). You may revoke this consent at any time by following the opt-out instructions in the Privacy Policy or using the links provided on the Website.
PERMITTED USERS
This Website is meant for users 18 years of age or older. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.
YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT
The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Company Content.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all Company Content and the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content or Website;
- Reproduction or duplication of any content in the Company Content or on the Website for commercial purposes;
- Modification of any Company Content or information on the Website.
Users are permitted to share one image from the Website on digital channels, as long as the image is credited to the Company, with a link to the Website. For example, if you own a website and wish to feature a piece of Company Content, you may insert one image from the Website onto your website, as long as you provide appropriate attribution and a link back to the specific page on the Website where the image appears.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.
USE OF FREE COMPANY CONTENT
At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. If you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive.
You must not use the Website for any third-party marketing without Company’s express written permission.
ARTIFICIAL INTELLIGENCE
Company does not consent to the use of any portion of this Website, or the Company Content, in any format, in whole or in part, for the development, training, or operating artificial intelligence or other machine learning systems, unless authorized by Company through a separate agreement. Any unauthorized use of the Company Content or Website in violation of this prohibition will be considered a breach of these Terms and may be a breach of our rights under copyright laws of the United States.
INTELLECTUAL PROPERTY RIGHTS
Copyright
Unless otherwise noted, the design, content, and all components of the Website and Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
Trademarks
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize or reference trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
Content Contributed to the Website
In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Grant of Rights
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Website or Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
CONTRIBUTION POLICY
The Website offers the ability for users to leave reviews through comments and ratings. Pursuant to the FTC’s rules, Company has enacted the following policies related to consumer reviews.
The Website does not knowingly include false reviews or testimonials. To the best of Company’s knowledge, all comments were left by individuals who have experience with Company Content. The Website does not pay for comments or reviews.
The Website does not suppress negative reviews, such as comments or ratings. Per the FTC, a negative review is not considered suppressed if Company applies the same criteria for withholding reviews to all submissions. Company adopts the following policies related to any submissions.
- Company reasonably believes the review, including any star ratings or written text, is fake.
- The review is not related to the products or services for which it was made.
- The review contains content in violation of Company’s policies, which prohibit: inclusion of trade secrets or confidential information; defamatory, harassing, abusive, obscene, vulgar, or sexually explicit content; the personal information or likeness of another individual; content that is discriminatory with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; or, content is clearly false or misleading.
Any reviews in violation will be promptly deleted and no further explanation will be due to you if your contribution was determined to be in violation of this policy.
AFFILIATE MARKETING
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
The Gunny Sack LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
FTC DISCLOSURE
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
CHANGES TO THE COMPANY CONTENT
Company reserves the right to modify any Company Content or the Website at any time; however, Company does not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and Company is under no obligation to update any Company Content at any time.
COMMUNICATION
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
MONITORING AND ENFORCEMENT
Company has the right to:
- Remove or refuse to post any contribution for any reason, in Company’s sole discretion.
- Take any action, including deletion, with respect to any contribution made to the Website.
- Disclose your identity (if known) or other information regarding your usage of the Website to any third party who claims that any contribution you make to the Website violates their rights, including their intellectual property rights or right to privacy.
- Take appropriate legal action for any illegal or unauthorized use of the Website.
Company does not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. Company assumes no liability for any action or inaction regarding contributions from a third party.
TERMINATION
The Company reserves the right, in its sole discretion, to immediately terminate your access to the Website and Company Content without notice to you.
LINKS FROM THE WEBSITE
Any links on the Website are provided for your convenience only. This includes links in advertisements or sponsored content. Company is not responsible for the content on any pages linked on the Website and accepts no responsibility for your use of such links.
THIRD PARTIES
The Website and Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Website is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the Company Content.
Company makes no warranty that the Website will meet your requirements; will be available uninterrupted, timely, and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
COMPANY, IN ADDITION TO COMPANY’S VENDORS AND SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, ITS VENDORS, AND SERVICE PROVIDERS, EXCEED $100.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
RELEASE OF CLAIMS
You agree that under no circumstances will Company be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our Company Content, and you hereby release us from any and all claims whether known now or discovered in the future.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
a. Agreement to Arbitrate; Small-Claims Carve-Out. You and The Gunny Sack LLC (“Company,” “we,” or “us”) agree that any dispute, claim, or controversy between you and us arising out of or relating in any way to your access or use of the Website, these Terms, or the Company Content (a “Dispute”) will be resolved by binding arbitration on an individual basis, rather than in court. Either party may bring a qualifying claim in small claims court so long as it remains an individual action and advances only on a non-class, non-representative basis. Either party may also seek equitable relief in court to protect its intellectual-property rights (e.g., copyrights, trademarks, trade secrets, domain names).
b. One-Year Limitation. You must commence any arbitration or permitted court action within one (1) year after the Dispute accrues; otherwise the claim is permanently barred.
c. Pre-Arbitration Notice and Informal Resolution. Before starting arbitration, the complaining party must send a written notice describing the claim and requested relief to: The Gunny Sack LLC, PO Box 65, Norwood Young America, MN 55368 (and, if to you, to the most recent email or mailing address we have on file). The parties will attempt in good faith to resolve the Dispute informally within thirty (30) days after the notice is received. If not resolved, either party may commence arbitration.
d. Arbitration Rules and Forum. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures if the aggregated claims and counterclaims are under $250,000 (exclusive of fees and interest) or its Comprehensive Arbitration Rules & Procedures otherwise. The rules are available at www.jamsadr.com. If JAMS is unavailable, the parties will select a comparable forum. The arbitration may be conducted remotely, based on written submissions, or in person at a mutually agreed location.
e. Fees. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, or hearing fees and you cannot obtain a waiver from JAMS, we will pay them. If the arbitrator determines that your claims are frivolous, the arbitrator may award us our reasonable attorneys’ fees and costs, to the extent permitted by law.
f. Arbitrator’s Authority and Award. The arbitrator, and not any court or agency, has the exclusive authority to resolve all Disputes, including those relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The arbitrator may award individual relief (monetary, injunctive, or declaratory) available under applicable law and must issue a written award stating the essential findings and conclusions.
g. Waiver of Jury Trial. You and we waive any right to a jury trial.
h. Class/Representative Action Waiver. Disputes must be arbitrated only on an individual basis and not as a class, collective, consolidated, private attorney general, or representative action. The arbitrator may not consolidate claims of more than one person. If this paragraph is found unenforceable as to a particular claim, that claim must be brought in court and not in arbitration.
i. Batch Administration (Administrative Grouping Only). If fifty (50) or more substantially similar individual arbitration demands are filed against us within a thirty (30) day period and counsel for the claimants is the same or coordinated, JAMS (or the chosen forum) will administratively group such matters for case-management efficiency (e.g., coordinated schedules and fee treatment) to the extent practicable and consistent with this Agreement. This does not authorize class or consolidated arbitration of claims.
j. Severability; Survival. If any part of this Arbitration Agreement is found unenforceable, the remaining parts will remain in effect, except that the Class/Representative Action Waiver (Section h) may not be severed from any claim for which it is found unenforceable; such claim will proceed in court. This Arbitration Agreement survives termination of these Terms and your use of the Website.
CHOICE OF LAW AND FORUM
The Terms shall be governed by the laws of the State of Minnesota. You agree to personal jurisdiction therein.
To the extent that any Dispute is not governed by the Arbitration provision above, you agree that the courts of Minnesota will have jurisdiction. You agree that any claims will be brought and maintained on an individual basis and not as part of any class, consolidated, collective, or representative capacity, and that you waive the right to a jury trial.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without Company’s prior written consent; however, the Terms may be assigned by Company in its sole discretion.
The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company; however, Company may make modifications as stated above.
All notices with respect to the Terms must be in writing and may be via email to [email protected] for Company and to your email address.
Last Updated: 10/24/2025