Terms & Conditions and Privacy
Welcome to www.melissaannsweat.com. By accessing this website, you are agreeing to be bound by this TOU, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use or access this website. The materials contained in this website are protected by applicable copyright and trademark law. An important function of this TOU is to alert you that the data presented on this website is not warranted or otherwise guaranteed. Please read this information carefully.
You should check for changes to the TOU each time you visit the site. Melissa Ann Sweat (MAS) may make changes to the TOU at any time.
2. Use License
- MAS grants permission to temporarily download one copy of the materials (information or software) on the website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- Unpublished rights are reserved under the copyright laws of the United States and Canada.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by MAS at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on THE website are provided "as is". MAS DOES NOT MAKE ANY warranties, express or implied. MAS hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MAS does not make representations concerning the accuracy, likely results, or reliability of the use of the materials on THE website or otherwise relating to such materials or on any sites linked to the website.
In no event shall MAS or her suppliers, partners, advertisers, affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the website, even if MAS or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the website could include technical, typographical, or photographic errors. The information contained within this website comes from a variety of sources and includes information that is subject to change without notice. MAS strives to ensure that the information is accurate, complete and up-to-date, but can NOT guarantee and do not warrant that the information is accurate, complete or up-to-date; or that your access will be uninterrupted; or that material accessible from this website is free from viruses or other harmful components. Some of the information displayed on these pages changes rapidly. Therefore, the accuracy and timeliness of the data is subject to delays in connectivity across the Internet, your systems and other facilities outside the control of MAS. Therefore, you must independently verify the accuracy of any information presented on the website.
MAS has NOT reviewed all of the sites linked to this website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the linked site by MAS. Use of any such linked website is at the user's own risk.
MAS reserves the right at any time to modify this TOU and to impose new or additional terms or conditions on your use of the services. Such modifications and additional terms and conditions will become effective immediately and incorporated into this TOU, but will be posted prominently to be reviewed by returning visitors. Your continued use of MAS’ website will be deemed acceptance thereof. However, MAS makes no commitment to update the materials.
8. Governing Law and Venue
Any claim(s) relating to THE website shall be governed by the laws of the STATE OF TEXAS without regard to its conflict of law provisions.
THE SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN THE APPROPRIATE STATE COURTS LOCATED IN THE STATE OF TEXAS, OR IN CASES INVOLVING BONA FIDE FEDERAL QUESTIONS OF LAW, THE UNITED STATES DISTRICT COURT(S) FOR THE STATE OF TEXAS. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
9. Children’s Online Privacy Protection
In accordance with the Children’s Online Privacy Protection Act of 1998, MAS will not knowingly collect personal information from a child under the age of thirteen (13). If MAS learns that she has collected information from a child under the age of thirteen (13), she will take the necessary steps to delete the information as soon as possible.
What information is collected? MAS may collect personal and non-personal information from you when you register on the site, place orders, subscribe to newsletters, respond to surveys or fill-out forms. Personal information is data that can be used to uniquely identify or contact a single person. Non-personal information is data in a form that does not permit direct association with any specific individual. When filling-out forms on the website, as appropriate, you may be asked to enter your name, e-mail address, mailing address, phone number, credit card information, etc. You may, however, visit the site anonymously.
Additionally, MAS compiles and maintains its own e-mail list database.
For what purposes may your information be used? Any of the information collected from you may be used in one or more of the following ways:
- To personalize your experience in order to better respond to your individual needs
- To improve the website based on the information and feedback received from you
- To improve customer service by more effectively responding to your customer service requests and support needs
- To administer a contest, promotion, survey or other site feature
- To send periodic emails, which will include an option to opt-out anytime by updating your preferences
The e-mail address that you provide for any forms on the website, may be used to send information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Are cookies used? Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service provider’s systems to recognize your browser and capture and remember certain information.
Cookies are used to help remember and process the items in your shopping cart and understand and save your preferences for future visits.
Information collected by cookies and other technologies is treated as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local or federal law, these identifiers are also treated as personal information.
Is any information disclosed to outside parties? Your personal information is not sold, traded or otherwise transferred to outside parties. Your personal information may be released when the release is necessary to comply with legal requirements. Your personal information may also be released if the disclosure is reasonably necessary to enforce the Terms & Conditions of Use or to protect company operations or site users. Non-personal visitor information may be provided to outside parties for marketing, advertising or other uses.
Third-Party Sites and Services - The website, applications and services may contain links to third-party websites, products and services. The services may also use or offer products or services from third-parties. Information collected by third-parties, which may include location data or contact details, is governed by each third-party’s respective privacy practices. You are encouraged to read the privacy practices of those third-parties.
Children’s Online Privacy Protection Act Compliance - The site is in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), and information from anyone under thirteen (13) years of age is not collected. The website, products and services are all directed to people who are at least 13 years of age or older. If it becomes known that information was collected from a child under the age of 13, the necessary steps will be taken to delete the information as soon as reasonably possible.
Your Rights - You have the right to withdraw your consent on providing MAS your personal data, at any time, and to ask to erase your data. You may ask to see your data provided to MAS, and thus exercise your right to access data; or you may request that MAS send your data back in a structured way, and thus exercise your right to data portability. If it happens that your data provided is incorrect for any reason, you may ask for rectification of your data. You also have the right to ask for restriction of access to your data, in which case the data shall not be erased, but just access thereto shall be denied.