Other Company Policies
Personal Information Our Company Collects and How It Is Used
Our company collects information in different ways from Visitors and Members who access the various parts of our Services and the network of Web sites accessible through our Service. We use this information primarily to provide a customized experience as you use our Products and Services and generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases described below.Registration
Members may be asked to provide certain personal information when they sign up for our Products or Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Members during the registration process is used to manage each Member’s account (such as for billing purposes). This information is not shared with third parties, unless specifically stated otherwise or in special circumstances.
However, in instances where our company and a partner jointly promote our Services, we may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion.
In this instance, personal information may not be used by the partner for any other purpose. We may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.Online Advertisements
Our company may display our online advertisements. In those cases we share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers.
Responses to Email Inquiries
When Visitors or Members send email inquiries to our company, the return email address is used to answer the email inquiry we receive. Our company does not use the return email address for any other purpose and does not share the return email address with any third party.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Cookies” and How Our Company Uses Them:
If you are a Visitor or Member we may use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information. Additionally, be aware that if you visit other Websites where you are prompted to log in or that are customizable, you may be required to accept cookies.
Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
Age of Consent
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Questions and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org.
TERMS OF SERVICE
YOUR USE OF THE SITE , INCLUDING ANY DATA, CONTENT, PRODUCT DESCRIPTIONS, INFORMATION, PRODUCTS OR MATERIALS OBTAINED THROUGH THE SITE, IS AT YOUR OWN RISK. ANY MEDICAL, HEALTH OR VETERINARY INFORMATION PRESENTED ON THE SITE IS NOT INTENDED TO BE USED FOR DIAGNOSTIC OR TREATMENT PURPOSES. PLEASE CONSULT YOUR DOCTOR, VETERINARIAN, OR HEALTH CARE PROFESSIONAL FOR APPROPRIATE ADVICE RELATING TO YOUR SPECIFIC SITUATION.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER COMPANY NOR ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, MAKE ANY REPRESENTATION, WARRANTY OR CONDITION THAT:
- THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE COMPATIBLE WITH YOUR IPAD, TABLET, COMPUTER, PERIPHERALS, AND RELATED EQUIPMENT, PHOTOGRAPHIC EQUIPMENT AND SOFTWARE;
- THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
- THE SITE, ANY DATA, CONTENT, INFORMATION OR OFFERED PRODUCTS OR MATERIALS SUBMITTED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE, OR ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF SUCH, WILL BE ACCURATE, COMPLETE, RELIABLE, TIMELY, OR AUTHENTIC;
- COMPANY WILL MONITOR THE SITE OR ANY COMPONENT THEREOF;
- THE QUALITY OF THE SITE, ANY PRODUCTS, INFORMATION, OR OTHER ITEMS PURCHASED OR OBTAINED THROUGH THE SITE WILL NECESSARILY MEET YOUR EXPECTATIONS; AND
- THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY CONTENT FROM THE SITE, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS OR BUGS.
COMPANY DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NEITHER COMPANY NOR ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, WILL UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, SALES, INCOME, OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, OVERHEAD OR ADMINISTRATIVE EXPENSES, OR DAMAGE TO REPUTATION OR GOODWILL, OR FOR ANY SPECIAL,INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES (ALL OF THE ABOVE, “CONSEQUENTIAL DAMAGES”), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, IN CONNECTION WITH, OR RELATING TO THE USE OF THE SITE,OR YOUR PURCHASE OF PRODUCTS FROM THE SITE, BY YOU, BY ANY PERSON USING AN ACCOUNT REGISTERED TO YOU, OR BY ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY COMPANY, ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS,OR ANY OTHER PERSON FOR WHOM COMPANY MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT COMPANY OR ANY OF THE FOREGOING PARTIES MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH CONSEQUENTIAL DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
WITHOUT LIMITING THE FORGOING, IN NO EVENT WILL COMPANY, ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, EVER BE LIABLE TO YOU, TO ANY PERSON USING AN ACCOUNT REGISTERED TO YOU, OR TO ANY OTHER PERSON, FOR ANY CLAIMS, ACTIONS, DEMANDS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, INJURIES, DAMAGES, LOSSES, OR COSTS (COLLECTIVELY, “CLAIMS AND DAMAGES”), WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, REGARDLESS OF ANY CLAIMED NEGLIGENCE OR OTHER FAULT OR WRONGDOING, IN EXCESS OF, AND THE ENTIRE LIABILITY OF COMPANY AND ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS AND DAMAGES STEMMING FROM YOUR USE OF THE SITE IN CONNECTION WITH YOUR PURCHASE OF THE COMPANY’S PRODUCTS SHALL NOT EXCEED U.S. $2.00, OR THE AMOUNT YOU PAID TO COMPANY FOR THE USE OF THE SITE EXCLUSIVE OF ANY PRODUCTS PURCHASED, WHICHEVER IS LESS.
YOU HEREBY RELEASE AND FOREVER DISCHARGE COMPANY, ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE IN CONNECTION WITH THE PURCHASE OF THE COMPANY’S PRODUCTS.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY, ITS LICENSORS, VENDORS, SUPPLIERS OR SERVICE PROVIDERS, AND THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, INJURIES, DAMAGES, LIABILITIES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM, ACTION OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH THE OFFERED PRODUCTS OR USE OF THE SITE BY YOU. YOU AGREE THAT YOU WILL ASSIST AND COOPERATE AS FULLY AS IS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM, ACTION OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY COMPANY OR ITS REPRESENTATIVES, OR THROUGH THE SITE, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION, OR VARY OR AMEND THE SE TERMS AND CONDITIONS, INCLUDING THE ABOVE DISCLAIMERS, LIABILITY EXCLUSIONS, LIABILITY LIMITATIONS, RELEASE, AND/OR INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in these Terms and Conditions survive the termination of the Agreement.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Marlex Essentials, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Marlex Essentials and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.