These Terms and Use and Privacy Policy (“Privacy Policy”)(collectively, “Terms”) are between you and Warkwyn on behalf of itself and its affiliates (collectively, “WARKWYN”) governing your use of this website and all data and content that is accessed, utilized, input, or generated by this website (collectively, the “Website”). The Website may have various features such as the ability to “remember” a customer’s previous purchases and make targeted communications based on purchasing history (“the Services”). We understand your privacy concerns and do not sell your personal information to any other non-affiliated company or agency. We only use and share your information as described in our Terms.
By accessing this Website, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Website.
TERMS OF USE
Generally You may also submit orders, submit questions with respect to product use and availability, and, now or in the future, interact with other WARKWYN customers and participate in any surveys, blogs or other services. The Website and all material posted on the Website or otherwise approved by WARKWYN (collectively, “Licensed Content”) may be used for the sole and limited purposes set forth in the Website and these Terms. You may view and print portions of the Licensed Content for your own internal use but not for resale or other commercial exploitation and not for use other than as provided in these Terms. Any other use of Licensed Content without WARKWYN’s prior written approval is strictly prohibited.
WARKWYN’s Proprietary Rights
Everything you see or read on the Website, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Website and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms of Use without WARKWYN’s express written permission. The Website and any necessary software or other technology used in connection with the Website (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Website, regardless of source, all Marks and other intellectual property relating thereto (except as expressly noted in this Section) and all information and data collected through the Website (the “Licensed Content”), is owned by WARKWYN or its licensors and used under license granted to WARKWYN and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are proprietary to WARKWYN. You may not use or display the Marks in any manner without the prior written consent of the applicable owner. This includes use of the Website address or Marks in page text, as key words, meta tags or any other “hidden text.”
Indemnity
You agree to indemnify, defend, release and hold WARKWYN and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims, demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals, due to or arising out of anything you submit, transmit through or upload to the Website, your use of the Website, your connection to the Website, your violation of these Terms of Use, WARKWYN’s standard terms and conditions of sale and/or invoice terms and conditions, or your violation of any rights. In the event you provide registration or other information that is untrue, inaccurate, fraudulent, or out of date, you agree to indemnify WARKWYN and its officers, directors, suppliers, service providers, co-branders or other partners, agents and employees, and those of its affiliates for and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes, penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim, demand, action or proceeding alleged or initiated against WARKWYN by any third party based upon the information you provide or your use of the Website.
Modifications to the Website and these Terms of Use
From time to time WARKWYN may change the Licensed Content, the products and services offered, disable certain features of the Website or expand the Website’s capability. WARKWYN also reserves the right at any time and from time to time to modify these Terms, the Website, their functionality and capabilities and/or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You are responsible for regularly reviewing these Terms. You agree that WARKWYN shall not be liable to you or to any third party in any way. Also, we strive to provide accurate and up-to-date information on our Website, but the Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update our information at any time without prior notice.
Termination
WARKWYN, in its sole discretion, may suspend or terminate your access, registration/membership or use for any reason, but especially if WARKWYN believes that you have violated or acted inconsistently with the letter or spirit of these Terms. WARKWYN may suspend, terminate and/or bar further access to the Website at any time without prior notice to you. WARKWYN shall not be liable to you or any third party for any suspension or termination of your access to or use of the Website.
Links
The Website may contain links to other Internet websites or resources. When you link to those websites, you leave the Website. WARKWYN has no control over such websites, their content and resources or the business practices or policies of operators of such websites. The privacy terms set forth in these Terms do not apply to the practices of any companies or individuals operating the linked website. Please use caution and review the privacy policies of any website that you visit to learn more about their information-gathering practices.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
WARKWYN disclaims all representations or warranties about the accuracy or completeness of the Website or Licensed Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WARKWYN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANC, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(b) WARKWYN MAKES NO WARRANTY (i) THAT THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WARKWYN OR THROUGH OR FROM THE WARKWYN SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF WARKWYN PRODUCTS.
(e) WARKWYN IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITE OR PROVIDED WITH THE PRODUCT PACKAGING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WARKWYN SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WARKWYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITE. IN ANY CASE, WARKWYN’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST WARKWYN WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
General Information
WARKWYN currently administers and operates the Website from its location in Saint Paul, MN. USA. Although the Website may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or are appropriate or available for use in your jurisdiction. WARKWYN reserves the right to limit the provision and quantity of any feature, product or service to any person or geographic area in its sole discretion. Any offer for any feature, product or service made on the website is void where prohibited. These Terms and any other agreements, whether or not referenced herein, constitute the entire agreement between you and WARKWYN with regard to and shall govern all purchases. Your activities and use of the Website supersede any prior agreements between you and WARKWYN. You also may be subject to additional terms and conditions contained in invoices, purchase orders, terms and conditions of purchase/sale, shipping manifests, bills of lading or terms and contracts that may apply when you use affiliate services, third party content or third party software. These Terms, your use of the Website and any other agreement with and the relationship between you and WARKWYN shall be governed by the laws of the State of Maryland without regard to choice of law provisions, nor shall the 1980 United Nations Convention on Contracts for the International Sale of Goods apply. You and WARKWYN agree to submit to the personal and exclusive jurisdiction of the pertinent state or federal courts located within or with jurisdiction over the City of Baltimore, State of Maryland, regardless of the fact that the Website is accessible outside the United States. Notwithstanding the foregoing, WARKWYN may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights. The failure of WARKWYN to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, you must file any claim or cause of action arising out of or related to your use of the Website or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. The parties have expressly agreed that English shall be the official language governing these Terms of Use.
PRIVACY POLICY
This Privacy Policy describes WARKWYN’s treatment of personally identifiable information (“Personal Information”) and other data that WARKWYN collects from you when you are using or accessing the Services. By using the Website and inserting any Personal Information you agree that your information may be used and disclosed as described below.
SPECIAL NOTE TO PARENTS:
WARKWYN takes the privacy of children seriously. The Website is not directed at children, we do not knowingly collect personal information from children under the age of 13 through the Website and we request that children under the age of 13 not make any orders or submit any personal information through the Website.
If we learn that we have inadvertently received or collected personal information from a child under 13 years of age, we will remove such information from our database.
WHAT TYPES OF PERSONAL INFORMATION DOES WARKWYN GATHER?
All information that you input when using the Services is subject to collection and storage by WARKWYN. Such information may include, but is not limited to, your name, birth date, email and physical address, credit card information, and preferences.
We may also automatically collect information regarding your interaction with, and use of, the Website. We may use a variety of methods to collect this information, including, but not limited to, cookies, pixel tags, Web beacons, embedded Web links and other commonly used information gathering tools (“Automatic Data Collection Tools”). These Automatic Data Collection Tools collect certain standard information that your browser sends to us such as your browser type and language, access times, IP address, user-agent string and click stream behavior.
Keeping Your Account Information Private
You are solely responsible for maintaining the confidentiality and security of your account and password and for all activities that occur on or through your account, and you agree to immediately notify WARKWYN of any security breach of your account.
User-Initiated Sharing
You may, in your sole discretion, share your preferences and purchases with others through third party platforms such as Facebook® and Twitter®. Your activity published on those platforms is at your sole discretion and risk and will be governed by the terms and privacy policies in effect for such third party platforms.
HOW DOES WARKWYN USE PERSONAL INFORMATION IT RECEIVES FROM ME?
WARKWYN may collect and use the information about you collected through the Website, to do the following:
Assist with your Account
• Activate your account
• Respond to your questions and instructions
• Investigate or take action regarding violations or suspected violations of law or our terms
• Maintain the integrity of our network and address security issues
Enhance, Operate, Improve and Analyze
• Enhance, customize, and personalize your WARKWYN experiences and communications
• Operate, provide, improve and maintain the Website, including analyzing user behavior and trends
• Send you administrative messages and other information about WARKWYN and its product offerings
• Communicate with you about your WARKWYN product(s), account information or customer service
Marketing and Promotion
• Communicate with you about products, services and events, and for other promotional purposes
• Administer contests, promotions, events, surveys or other features
• Display relevant marketing to you
WITH WHOM DOES WARKWYN SHARE THE PERSONAL INFORMATION IT RECEIVES FROM ME?
Information about our customers is an important part of our business and we are not in the business of selling it to others. We share customer information only as described below.
We employ other companies (including our affiliates) and individuals to perform functions on our behalf. WARKWYN works with support companies who assist with the administration of the Website, including, but not limited to, hosting the Website on their servers, and assisting with your questions and technical issues. Our service companies are contractually required to use any data they can access only for the above purposes and to never disclose these data to third parties.
PROTECTION OF WARKWYN AND OTHERS
We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Privacy Policy and other agreements; or protect the rights, property or safety of our company, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Policy. MERGER, ACQUISITION, SALE/TRANSFER OF ASSETS OR BUSINESS If our company is acquired by or merged with or into another entity, or if our assets or business is sold or transferred to another entity, your personal information may be transferred to such entity as part of the transaction, and that entity and its affiliates may use your personal information under the terms of their own privacy policies which may differ from this Privacy Policy. WITH YOUR CONSENT
Other than as described above, you will receive notice when information about you might go to third parties and you will have an opportunity to choose not to share the information. We will not share your personal information for this purpose without your prior consent.
INFORMATION SECURITY
Information security is important to WARKWYN. We have established appropriate physical, electronic and managerial safeguards to protect the information we collect from you or about you. These safeguards are regularly reviewed to protect against unauthorized access, disclosure and improper use of your information, and to maintain the accuracy and integrity of that data. We use a variety of security measures, including encryption and authentication tools, to help protect your information. However, like other companies, WARKWYN cannot guarantee 100% the security or confidentiality of the information you provide to us. Consequently, while we endeavor to safeguard your Personal Information against unauthorized access and disclosure, we do not warrant or guarantee the absolute security of any Personal Information you transmit to, from or through the Website. In the event that we become aware of a security breach involving your Personal Information stored by or for us, we may notify you based on any contact information you have provided us.
Changes
We may update this Privacy Policy from time to time without prior notice. Any changes to our Privacy Policy will become effective upon posting of the updated Privacy Policy on the Website. If you are a registered customer, we may also notify you of any changes to this Privacy Policy via email.
International and California Users Our digital operations are conducted, in whole or in part, in the United States. Regardless of where you live, you consent to have your personal data transferred, processed and stored in the United States, and allow WARKWYN to use and collect your personal information in accordance with this Privacy Policy.
International Users: If you access the Website outside the United States, your connection may be through and to servers located in your country or the United States. Any Personal Information you provide may be processed and maintained in the United States on servers and/or other network systems operated by or for WARKWYN’s benefit. IF THE JURISDICTION IN WHICH YOU ARE LOCATED OR YOUR COUNTRY OF ORIGIN HAS LAWS OR REGULATIONS WHICH REQUIRE THAT YOUR PERSONAL INFORMATION BE RECEIVED, USED, SAVED, TRANSFERRED AND/OR OTHERWISE HANDLED IN A MANNER DIFFERENT THAN AS STATED IN THESE THIS PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO UTILIZE THE SERVICES. If you access the Website from and/or reside outside of the United States, your information may be stored, transmitted and shared in accordance with U.S. data privacy laws which may not be equivalent to those in effect in your country. YOU EXPRESSLY AGREE THAT YOU WILL NOT USE THE WEBSITE WITH ANY EXPECTATION OF GREATER PRIVACY RIGHTS THAN THOSE TO WHICH YOU HAVE EXPRESSLY AGREED AS STATED IN THIS PRIVACY POLICY.
Contact Us
If you have any questions regarding privacy while using the Website, or otherwise need to contact us about anything related to this Privacy Policy, please contact us at: info@warkwyn.com