We at Emma & Avery.com take your privacy very seriously. Our Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our site and our products and services. We will not share, rent or sell your e-mail address with any third party.
We may release your information when we believe release is appropriate to comply with the law, enforce our Site policies, or protect ours or others’ rights, property or safety. By using our site or obtaining any product or service through our Web Site, you agree to our Policy.
This Privacy Policy is part of the Terms and Conditions, which governs your use of our Web site located at www.Emma-Avery.com (Emma-Avery or the "Web Site"). The Web Site is owned by Emma & Avery.com. Throughout the Policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.
Note: You must be 18 years or older to use, subscribe or register as a member of Emma-Avery. The Web Site is a general audience site and we do not knowingly collect, maintain or disclose personal information from or about children.
What Information Do We Collect?
When you visit our Web Site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and Web Site use information collected on an aggregate basis as you and others browse our Web Site.
Information we collect may include your name, e-mail address, mailing address, phone number, credit card information or other information when placing an order or registering. You may, however, visit our site anonymously. Information for about gift recipients may be collected to fulfill the gift purchase. We do not sell or rent any personal identifiable information that you provide to us regarding such persons.
How Do We Use the Information That You Provide to Us?
All the information we collect via our Web Site or through correspondence with you is used to operate and improve the service we offer you.
Broadly speaking, we use personal information for purposes of administering our business activities, providing customer service and making available other products and services to our customers and prospective customers. We may use the information we collect from you register, purchase products, enter a contest or promotion, respond to a surveyor marketing communication, surf the Web Site, or use certain other site features in the following ways:
• To allow us to better provide the services and customer support you request.
• To report important changes to our Web Site.
• To customize and improve our services and the content and layout or our Web Site.
• To quickly process your transactions and send notices about your transactions.
• To administer a contest, promotion, survey or other site feature.
• To resolve disputes, collect fees and troubleshoot problems.
• To prevent potentially prohibited or illegal activities.
• We may send you periodic e-mails, including newsletters to notify you about services and special offers.
Financial information (credit card numbers, credit card expiration dates, billing address and so forth) is used to bill you for product and services.
How Do We Protect the Information You Provide Us?
We take all reasonable steps to protect our customers’ personal information against loss, misuse, and alteration. E-mail is not recognized as a secure medium of communication. Therefore, we request that you do not send us private information to us by e-mail.
When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology. All information is encrypted your input before it is sent to use. However, no security system, or system of transmitting data over the Internet, can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard sensitive and personal information once we receive it, we cannot warrant the security of information we receive.
Portions of our Web Site (such as our Member registration and Address Book) may require registration and log-in processes in which you will select a user ID and password (collectively, the "Password"). Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of our Web Site (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.
What are COOKIES
"Cookies" are small amounts of data that are stored on your computer. They find their way to your browser via a Web server. Cookies make it possible for us to recognize your browser when you visit our Web Site. By doing this, we can constantly improve and personalize your return visits and save you time during checkout. This information is collected on an aggregate basis. None of this information is associated with you as an individual. We never used Cookies to save Passwords, credit card numbers or other highly confidential information.
Consent to Transfer and Submission
Emma-Avery is operated in the United States. If you are located outside the United States, please be aware that any information you provide to us will be transferred to the United States. By using our Web Site or otherwise providing us with information, you hereby consent to this transfer.
In addition, if you submit data to us about other individuals (such as your message and gift recipients), you agree that you have obtained consent from each such individual to the submission, transfer and processing of the information. Although personal information collected by us through our Web Site, e-mails, mail, fax, and telephone is used by us in accordance with this Privacy Policy, laws generally applicable to the protection of personal data in the U.S. may not be as stringent as those in other countries.
E-mail Information
If you choose to correspondence via e-mail, we may retain the content of your e-mail messages, your e-mail addresses and our responses.
Policy Changes
We reserve the right to update or modify this Policy. Such changes will be posted on this Web Site and will become effective upon such posting, unless explicitly stated otherwise without notice. We encourage you to periodically review this Policy.
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Your use of this Web Site is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the Emma & Avery.com Web Site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the Emma & Avery.com Web Site. The term "Emma-Avery" or "Emma-Avery.com" or "Web Site" or "we" or "us" or "ours" refers to Emma & Avery.com, the owner of this Web Site. The term "you" refers to the user of viewer of our Web Site.
These Terms & Conditions May Change
Emma-Avery reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Emma-Avery Web Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Web Site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and the copyright laws and the property of Emma-Avery. The collective work includes works that are licensed to Emma-Avery. Copyright 2008 Emma & Avery.com. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with or purchasing Emma-Avery products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless otherwise authorized by Emma-Avery.
Trademarks
All trademarks, service marks and trade names of Emma & Avery.com used in the Web Site are trademarks or registered trademarks of Emma & Avery.com
Written Communications
We may retain the content of your messages sent via e-mail or otherwise, together with your address and our responses.
Product Availability and Pricing
The prices displayed at the Site are quoted in U.S. Dollars.
In the event a product is listed at an incorrect price due to a typographical error, error in pricing or availability information received from our suppliers, Emma-Avery shall have the right to refuse or cancel any orders placed for product listed at the incorrect price or availability. Emma-Avery shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Emma-Avery shall issue a credit to your credit card account in the amount of the incorrect price.
Payments
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay charges incurred by you at the posted prices, including any applicable taxes.
Disclaimer
THIS WEB SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEB SITE, AND THAT EMMA & AVERY.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEB SITE.
Indemnification
You agree to defend, indemnify and hold Emma-Avery and our third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this site.
Links to Sites and Services
We may provide links our customers may be interested in. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites.
Term; Termination
These terms and conditions are applicable to you upon your accessing the Web Site/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Emma-Avery, without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Emma-Avery may deliver notice to you be means of e-mail, a general notice on the Web Site, or by other reliable method to the address you have provided to Emma-Avery.
Participation Disclaimer
Emma-Avery does not and cannot review all communications and materials posted to or created by users accessing the Web Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content of the Web Site, Emma-Avery is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities of this Web Site. However, Emma-Avery reserves the right to block or remove communication or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Emma-Avery in its sole discretion.
Limitation of Liability
Emma-Avery shall not be liable for any special or consequential damages that result form the use of, or the inability to use, the materials on this Web Site or the performance of the products, even if Emma-Avery has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Miscellaneous
Your use of this Web Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sales of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Web Site (including but not limited to the purchase of Emma-Avery products) shall be in the state or federal courts located in Alameda County, California. Any cause of action or claim you may have with respect to the Web Site (including but not limited to the purchase of Emma-Avery products) must be commenced within one (1) year after the claim or cause of action arises. Emma-Avery’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Emma-Avery may assign its rights and duties under this Agreement to any party at any time without notice to you.
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