1. THE TYPES OF INFORMATION THAT WE COLLECT
We collect two types of information from visitors of our website: personally identifiable information and non-personally identifiable information.
If you purchase our products or services, we request certain personally identifiable information from you on our order form. This includes contact information such as your name, email address, and shipping address, as well as financial information such as a credit card number and its expiration date. We use the personally identifiable information that we collect for billing purposes and to fill your orders. If we have trouble processing an order, we also will use this information to contact you. If you choose to create and account and become a registered user of the Site, we may collect personally identifiable information including about you including your name, email address, birth date and gender, as well as your shipping and billing addresses and credit card information, to facilitate future purchases you might make.
In addition, if you contact us by email through our website, we may keep a record of your contact information and correspondence.
If at any time you would like to change your personally identifiable information, or if you no longer wish to receive materials from us or would like your personal information removed from our database, please contact us at firstname.lastname@example.org. Alternatively, if you receive materials from us by email you can make use of the "opt out" provision in our communications so that we know that you no longer wish to receive any materials from us.
Like most websites, our website may incorporate “pixel tags”, “web beacons”, or similar tracking technologies and “cookies” that allow us to track the actions of visitors of our website. Pixel tags and cookies are used to collect non-personally identifiable information, such as the name of your internet service provider, the IP address of the computer you are using, the type of browser software and operating system that you use, the date and time you access our website, the website address, if any, from which you linked directly to our website, the website address, if any, to which you travel from our website, your home page customization preferences and other similar traffic-related information. We may aggregate your information with similar data collected from other visitors to help us improve our website and the products, services, applications, content and features that we provide through our website. We do not use non-personally identifiable information in any way to create or maintain a personal profile of you or collect personally identifiable information from you.
2. HOW WE USE THE INFORMATION WE GATHER
We reserve the right to use your email address and any other personally identifiable information that you provide to us to respond to you and to send you marketing materials for our own products and services.
Generally, we will not disclose the personally identifiable information that we collect through your use of our website to unaffiliated third parties. We will not share your information with outside parties who wish to market other products and services to you. We reserve the right, however, to provide such information to our employees, contractors, agents, and designees to the extent necessary to enable them to perform certain services for us, including order fulfillment and website-related services such as web hosting, to improve website-related services and features, to perform maintenance services, and to distribute advertisements and other marketing materials on our behalf. We also reserve the right to disclose any personally identifiable information that we collect to any third party if we believe that we are required to do so for any or all of the following reasons: (i) to comply with the law; (ii) to comply with legal processes or governmental requests; (iii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of our website or our network; and/or (iv) to protect the rights, property, safety and security of Mack Weldon and its employees, our website visitors, and/or the public.
3. WE ARE COMMITED TO MAKING SURE YOUR INFORMATION IS PROTECTED
Our physical, electronic, and procedural safeguards meet or exceed current federal standards regarding the protection of customer information. We also require contractors and outside companies who work with us to adhere to strict privacy standards through their contracts with us. Unfortunately, no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. Consequently, while we use commercially reasonable efforts to protect your personally identifiable information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and our servers, or any information provided to us or to any third party through or in connection with the website. Any information that you provide to us is done so entirely at your own risk.
4. INTERNATIONAL VISITORS
6. IN THE EVENT WE ENGAGE IN A BUSINESS COMBINATION, WE RESERVE THE RIGHT TO TRANSFER ANY INFORMATION THAT WE COLLECT THROUGH OUR WEBSITE
If we sell all or any part of our business or sell or transfer all or a material part of our assets or are otherwise involved in a merger or other transfer or disposition of any part our business, we reserve the right to access, transfer or disclose any and all information that we collect from our website’s visitors, or that we otherwise collect in connection with the website, to the party or parties involved in the transaction as part of that transaction.
7. OUR WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES
Effective Date of Current Policy: April 19, 2012
2. ELECTRONIC COMMUNICATIONS
When you visit the Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Images of people, places and/or products posted on this Site are either the property of Mack Weldon, or are used by us with express permission. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Mack Weldon or its partners or affiliates and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Mack Weldon and is protected by United States and international copyright laws. Any unauthorized use of any content on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. No materials or content provided on or through this Site may be reproduced, distributed, publicly performed, publicly displayed, communicated to the public, or used for the creation of a derivative work without the express written permission of the copyright owner of such materials or content. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at email@example.com.
All trademarks, service marks, and trade names (collectively the "Marks") that appear on this Site are proprietary to Mack Weldon, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Mack Weldon, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
5. LIMITED LICENSE AND SITE ACCESS
We grant you a limited license to use the Site for personal use only. Consequently, this grant does not allow you to, and you agree not to, do any of the following: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read, including by using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site; (e) upload or otherwise transmit to or through the Site any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that can cause harm or delay to the Site or computers of any kind; (f) gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Site; (g) reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Service, use of the Service, access to the Service or content obtained through the Service, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without our express written consent: (1) copying, caching, recording, compiling, or reformatting any information obtained from the Site for commercial purposes in any fashion whatsoever, (2) framing, embedding and/or passing off information obtained from the Site in such a manner as to present the information as originating from a source other than the Site, or (3) using any trademarks, service marks, design marks, logos, photographs or other content belonging to us obtained from the Site; or (h) assist or permit any persons in engaging in any of the activities described above. There are no implied licenses granted in this Agreement.
6. ACCOUNTS, FORMS, REGISTRATIONS AND PASSWORDS
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or provide us with any information, you agree to complete the account initiation, registration, or other process by providing us with current, complete, and accurate information as requested by any forms. You agree that you will provide true, current, complete, and accurate information in connection with any inquiry, quote request, or other request for information. Mack Weldon is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control or Mack Weldon.
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access the Site using such Password. You agree to notify Mack Weldon immediately of any unauthorized use of any Password that is not issued directly to you or approved by us. You acknowledge and agree that Mack Weldon, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. Mack Weldon cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
7. CONTENT YOU MAY SUBMIT TO MACK WELDON
From time to time Mack Weldon may make available on this Site bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities (collectively, “Communications Facilities”). In such instances, Mack Weldon welcomes your comments regarding our products and services, including our Site. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Mack Weldon must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Mack Weldon will become, upon your submission, the sole and exclusive property of Mack Weldon and Mack Weldon shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Site, you are agreeing and you do agree that Mack Weldon has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Mack Weldon. By submitting any materials of any kind to Mack Weldon, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Mack Weldon does not and will not violate or infringe the rights of any third-parties.
9. DIGITAL MILLENNIUM COPYRIGHT ACT
Mack Weldon respects the intellectual property rights of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Mack Weldon’s intellectual property policy is to (1) remove material that appears in its sole discretion to infringe upon the intellectual property rights of others, and (2) remove any content posted by and terminate the access rights of any “repeat infringer” (i.e., any user that has uploaded content to the Site and for whom Mack Weldon has received more than two takedown notices compliant with 17 U.S.C. § 512(c) with respect to such content). Mack Weldon has discretion, however, to terminate the account of nay user after receipt of a single notification of claimed infringement or upon Mack Weldon’s own determination.
If you believe a work protected by a U.S. copyright that you own has been posted on this Site without authorization, you may notify our designated agent for notices of claimed infringement at firstname.lastname@example.org. Your notification must include substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed, (2) identification of the works or materials being infringed or, if multiple works are covered by a single notification, a representative list of suck works, (3) identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, (4) information reasonably sufficient to permit us to contact you, (5) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You should consult with your lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
10. RISK OF LOSS
All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11. LINKS TO OTHER WEBSITES
Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.
This Site is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this website.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MACK WELDON DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY MACK WELDON OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MACK WELDON DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT, AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MACK WELDON, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR MACK WELDON'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (IV) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE; OR (VI) USE OF ANY MERCHANDISE MADE AVAILABLE ON OR THROUGH THE SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MACK WELDON OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS OR LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MACK WELDON, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MACK WELDON, MACK WELDON’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT MACK WELDON WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
17. GOVERNING LAW
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
20. ENTIRE AGREEMENT