“He simply purred, and never uttered a word.”
Cats and privacy ~ Tilly Anger
PRIVACY POLICY
Please note The Privacy Policy for Wintergreencats.com will always have the date the policy was last updated. Please read our privacy policy. It is important to us, to advise you of what information we collect, how we use the information you provide, and under what circumstances we may disclose it.
Protecting your privacy is important to us. We recognize that as a visitor to our web site, you may have concerns about privacy and security on the Internet. Our Privacy Policy is designed to assist you in understanding how we collect and use the personal information you provide to us, and to assist you in making informed decisions when purchasing our products. Please note, our privacy policy applies only to Wintergreencats.com, and does not apply to other company or organization web sites to which we link.
We do NOT share, sell, or loan your information to other marketers. If you enter into a transaction (such as a purchase) at this website, you will be required to provide information that is needed to complete the transaction, in order to process and ship the merchandise you have selected, to your desired location. We limit the types of information shared to the minimum necessary, to efficiently process your order.
Contact and Personal Information: The information is provided to us on a voluntary basis and may include name, title, company, street address, phone number, fax number, credit card information, or e-mail addresses. If you complete an order for someone else (such as an online gift order which will be sent directly to the recipient) you will be asked to provide information about the recipient such as the recipient’s name, address, phone number, and email address. We may contact you via email, or phone, to acknowledge an order placement or resolve merchandise concerns. By visiting Wintergreencats.com, you are accepting the practices described in this privacy policy.
Cookies: We use cookies to keep track of your shopping cart. These cookies do not get written to your hard drive and are automatically erased when you quit your browser. We do not belong to any groups that track users across Web sites. (The only kind of tracks that we like to make are “cat tracks.”)
Compliance with Children’s Online Privacy Protection Act (COPPA): Wintergreencats.com does not knowingly collect the personal information of persons under the age of 18. If Wintergreencats.com learns of any personal information collected of persons under the age of 18, the information will be deleted immediately.
Customer service emails: We welcome comments from our guests. Information collected from your comments or questions may be stored in our database and used to assist us in improving our Website.
Security information: Credit card orders placed on our site are encrypted using an advanced encryption technology known as Secure Socket Layer (SSL) technology. SSL technology works to protect credit card transactions, storage, and transfer of your data from unauthorized parties. With SSL implemented on both the client and server, information sent via the Internet can be trusted to arrive privately and unaltered to our server only. In order for SSL security to work, you must use an SSL enabled browser. These are commercially reasonable methods, consistent with industry practice to prevent unauthorized access or disclosure, to maintain data accuracy, and ensure appropriate use of your personal information.
Certain Disclosures: We may disclose your personal information if required to do so by law or subpoena, or if we believe such action is necessary to (a) conform to the law or comply with legal process (b) protect and defend our rights and property, the Site, or the users of the Site (c) act under circumstances to protect the safety of the users of the Site, Wintergreencats.com, or third parties.
IP addresses are unique numeric identifiers that are assigned to each computer browser accessing the Internet. By itself, an IP address cannot identify you personally. However, when combined with other information provided by your Internet Service Provider (ISP), your IP address can be used to identify the computer originating the message. Your IP address can be accessed by recipients in the header of the notification e-mail. Under certain circumstances, recipients, their legal representatives and possibly law enforcement authorities may combine this, with information disclosed by the IPS, to determine the source of a particular communication. By using this service, you knowingly and voluntarily assume any risks associated with such disclosure.
Other Web Sites Linked to Our Web Site:
We are not responsible for the practices employed by Web sites linked to or from Wintergreencats.com. Nor are we responsible for the information or content contained within linked web sites. Our links to other Web sites are provided solely as information, on organizations or topics that may be useful, or of interest, to the visitors of Wintergreencats.com.Please remember, when you use a link to go from our Web site to another Web site, our Privacy Policy is no longer in effect. Your browsing and interaction on any other Web site, including Web sites which have a link on our site, is subject to that Web site’s own rules and policies. Please read the other Web site’s privacy policies before proceeding.
Mandatory communications: We will never bombard you with emails, solicitations, or advertising. However, we reserve the right to communicate with you, if necessary, about important legal, credit card, policy, or billing matters, including (without limitation) any alleged violations of our Terms of Use. These communications are mandatory.
Your Consent : By using our Web site, you consent to the collection and use of your personal information as described in our Privacy Policy. If we change our privacy policies and procedures, the changes will be written within our Privacy Policy. Always look to the right of the Privacy Policy heading, for the date the Privacy Policy was posted.
Policy Revisions: We reserve the right to revise, amend, or modify this policy and other policy agreements at any time. Accordingly, when using our web site you should always check the date of the Privacy Policy posted to the right of the Privacy Policy heading. You are responsible for reviewing the Privacy Policy, as it may be modified, and your continued use of our website constitutes your acceptance of the Privacy Policy as modified. Revisions, amendments, or modifications will be written within the current Privacy Policy.
Effective 02/14/2009
TERMS OF USE PAGE
TERMS OF USE
We cordially invite, and recommend, all visitors at our site read our Terms of Use document, very carefully, and in it’s entirety. Our Terms of Use document defines and describes the rules of conduct, and the legal ramifications that can subsequently occur, if visitors to our site do not observe, comply or obey the Terms of Use. Thank you for taking the time, to review our Terms of Use. If you visit or shop at Wintergreencats.com, you are accepting the terms as they are described:
Privacy: Please review our Privacy Policy to understand our practices.
GENERAL
Please read the following Terms of Use carefully. By using this Web Site you acknowledge that you have read these Terms of Use and that you accept and will be bound by the terms thereof, as they may be modified by Wintergreencats.com, from time to time, as posted on this Web site. Changes will be made when they are posted. Wintergreencats.com is not required to provide you with notification that any such change has been made. It is your responsibility to review these Terms of Use from time to time to be aware of any such change. Your continued use of this site will indicate your agreement to any such change. We reserve the right to add to, remove, change or terminate access to any of the content of functions without giving specific notice to you. If you do not agree to the Terms of Use, you may not use this Web Site.
- 1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- 2. Copyright.
All content on this site is protected by copyright in the United States and international copyright laws. No one has permission to copy, or republish, in any form, any information found on this Web site. Graphics, logos, icons, cards and images are the exclusive property of Wintergreencats.com. The posting of information, images, or content to this Web site does not constitute a wavier of any proprietary rights, information or materials (such as, but not limited to, copyright, service marks, trade marks, trade names, or other intellectual property) and does not transfer any rights to a user to the Web site or any other third party. Unless otherwise specified (see the Limited Disclaimer of Copyright below), no one has permission to copy, or republish, in any form, any information found on this Web site.
LIMITED DISCLAIMER OF COPYRIGHT
Any authorized person may view the information (and incidentally create an electronic copy of the information) from this Web site for informational purposes only. No part of the information at this Web site can be otherwise distributed, copied, or reproduced in any form without prior written consent of Wintergreencats.com.The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
3. Service Marks and Trademarks.
Wintergreencats.com, Wintergreen Cats, Wintergreen Cats “Paw Prints”, Wintergreen Woods, Paw Prints from Wintergreen, Tonkinese Moments, “Beware of the dog—he’ll steal your heart,” are service marks or registered service marks or trademarks of Wintergreen Cats, Sanford, Michigan, USA.
- 4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
- 5. Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
- 6. Links to other Web Sites.
This Web site may contain links to other Web sites not owned or managed by Wintergreencats.com. Wintergreencats.com is not responsible for the content, accuracy, or opinions expressed in such web sites. Such Web sites are not investigated, monitored, or checked, for accuracy, or completeness by Wintergreencats.com. Inclusion of any such linked Web Site does not imply approval or endorsement of the linked Web Site by Wintergreecats.com. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to this site, or the sites of others.
- 7. Registration.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
- 8. Errors, Corrections and Changes.
This web site could include technical inaccuracies or typographical errors. We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality, or content of the Site at any time. We reserve the right in our sole discretion to edit, or delete any documents, information or other content appearing on the Site.
- 9. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
- 10. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
- 11. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
- 12. Nontransferable.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
- 13. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 14(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
- 14. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
- 15. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
- 16. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- 17. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- 18. Privacy Policy.
Our Privacy Policy (it may change from time to time) is a part of this Agreement. It is your responsibility to access and review our Privacy Policy, which is posted on our website, Wintergreencats.com.
- 19. 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 the charges incurred by you at the posted prices, including any applicable taxes.
- 20. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- 21. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
The Site contains information and/or press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
- 23. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
- 24. Refund and Return Policy.
To the extent that you purchase any goods or services directly from us, we will refund you your purchase price within 30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the product or service returned to us in substantially the same condition as when purchased. Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third party Web sites, and we have no responsibility or liability for those products or services. You may request a refund by contacting us by email at wintergreencats@hotmail.com
- 25. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in Midland, Michigan, USA, and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 13 and Section 14. The language in of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
26. Arbitration, Governing Law and Forum Selection.These Terms of Use will be governed and construed in accordance with the laws State of Michigan, without regard to conflict of law principles. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property and our services, shall be settled solely by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Midland, Michigan, USA. Disputes arising from products purchased through Wintergreencats.com shall be submitted to confidential arbitration, in Midland, Michigan, USA. Users agree that disputes arising from purchased goods, will be handled in accordance with the American Arbitration Association’s standard rules then in effect for arbitration of commercial disputes. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Wintergreencats.com may seek any interim or preliminary relief from a court of competent jurisdiction in Midland, Michigan, USA, necessary to protect the rights or property of you and Wintergreencats.com pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred via arbitration.
In the event that you have violated copyright laws, Wintergreencats.com may seek injunctive or other appropriate relief in a civil court, in Midland, Michigan, USA, and you consent to the exclusive jurisdiction of such courts.DISCLAIMER OR WARRANTIES
This information is provided “AS IS: without warranty of any kind, either expressed or implied, including to not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Wintergreencats.com makes no representation as to the accuracy, timeliness or completeness of the web site materials. Wintergreencats.com periodically amends, changes, adds, deletes, updates or alters the information, including, without limitations to the Terms of Use at the Web site without further notice. Wintergreencats.com has no liability or responsibility for any errors or omissions in the content of the Web site, and specifically disclaims any duty to update the information on the web site.
Descriptions of, or references to products, services or publications within the Wintergreencats.com Web site do not imply endorsement of that product, service, or publication. Wintergreencats.com makes no warranty of any kind with respect to the subject matter included herein, or the products listed herein. Wintergreencats.com specifically disclaims all warranties, expressed, implied, or otherwise, including all warranties of merchantability and fitness for a particular purpose.
Some states do not allow the disclaimer of warranties, or the exclusion of liability for consequential damages, as such, the above limitations may not apply to you in all cases.
27. Viruses.
All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Web site are disclaimed.
28. International Law.
Wintergreencats.com does not make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations, do so, on their own initiative, and are responsible for compliance with local laws.
29. Unsolicited Submissions.
We welcome comments regarding products or services. By policy we do not accept or consider creative ideas suggestions, other than those we have specifically requested. This policy is stated to avoid misunderstandings when projects developed by Wintergreencats.com, are similar to someone else’s creative work. Do not send us unsolicited work(s) or ideas.
30. Enforcement by Wintergreencats.com
In the event Wintergreencats.com determines, in its sole discretion that you have violated these Terms of Use, Wintergreencats.com shall have the right to pursue remedies available under applicable law.