CATHY WATERMAN, INC.
EFFECTIVE DATE: JANUARY 1, 2020
This Privacy Policy (“Privacy Policy”) explains and governs how Cathy Waterman, Inc. (“we” or “us” or “our”) collects, records, holds, shares, discloses or otherwise uses any information about any individual (“you” or“your”) through our website or any other applications (collectively, the “Services”), when you shop for our goods or services, when you engage with us on social media, when you otherwise use our website or networks, or when you otherwise interact with us.
BY USING ANY OF OUR SERVICES, YOU HERE BY AUTOMATICALLY AGREE TO THE COLLECTION, RECORDING, HOLDING, SHARING, DISCLOSURE AND OTHER USES OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY AND TO ALL OF THE OTHER TERMS AND CONDITIONS OF THIS PRIVACY POLICY AS IN EXISTENCE AS OF THE DATE OF YOUR FIRST USE OF ANY OF OUR SERVICES.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS PRIVACY POLICY WILL BE ACCEPTED BY US. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS PRIVACY POLICY, THEN YOU SHOULD NOT USE ANY OF OUR SERVICES AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO US.
THIS IS A BINDING CONTRACT BETWEEN YOU AND US AND YOU SHOULD DOWNLOAD AND PRINT THIS PRIVACY POLICY FOR YOUR RECORDS.
NOTICE TO CALIFORNIA RESIDENTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“CCPA”).
PURSUANT TO AND IN COMPLIANCE WITH THE CCPA, THIS PRIVACY POLICY PROVIDES THE FOLLOWING NOTICE TO USERS WHO RESIDE IN THE STATE OF CALIFORNIA (“CALIFORNIA RESIDENTS”)
We collect information you provide directly to us. For example, we collect information when you fill out a form or survey, communicate with us via third party social media sites, request customer support, or otherwise communicate with us. The types of information we may collect include your name, postal address, telephone number, e-mail address and any other information you choose to provide.
1.2 Information Automatically Collected
When you access or use our Services, we automatically collect information about you, including:
Log and Usage Information: We collect information about your use of the Services, including the type of browser you use, app version, access times, pages viewed, your Internet Protocol address (IP address), and the page you visited before navigating to our Services.
Device Information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
Location Information: In accordance with your device permissions, we may collect information about the precise location of your device. For more details, please see “Your Choices” below.
Information Collected by Cookies and Other Tracking Technologies: We (and our service providers) use different technologies to collect information, including cookies, web beacons and similar tracking technologies. A cookie is a small data file stored by your web browser on your computer or mobile device (hard drive) that helps us improve our Services and your experience, see which areas and features of our Services are popular, count visits, and prevent fraud. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.
When you purchase, return or exchange a product, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction. We also record customer service calls and capture video records and photographic information of you when you visit one of our stores.
Widget Information. Our web site includes social media features, such as the Facebook Like button and widgets or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our web site. Your interactions with these features are governed by the privacy policies of the company providing it.
1.3 Information We Collect from Other Sources
Information from third party services. If you choose to link our Services to a third-party account, we may receive information about you, including your profile information, and your use of the third party account. If you wish to limit the information available to us, you should visit the privacy settings of your third-party accounts to learn about your options.
Other third parties. We may receive additional information about you, such as demographic data, from third parties such as data or marketing partners and combine it with other information we have about you.
We use the information we collect to provide, maintain and improve our Services and to offer you the finest products and shopping experience. We also use the information we collect to:
- Send support and administrative messages, and respond to your comments, questions, and customer service requests;
- Communicate with you about products, services, offers, and events offered by us and others, and provide news and information we think will be of interest to you (if you prefer not to receive promotional communications from us, you may opt out at any time by following the instructions in the “Your Choices” section below);
- Monitor and analyze trends, usage and activities in connection with our Services and stores;
- To protect against fraud and unauthorized transactions, including by identifying potential unauthorized users and/or hackers;
- Personalize your experience and the advertisements and content you see when you use the Services based on your preferences, interests, and browsing and purchasing behavior;
- For compliance purposes as may be required by applicable laws and regulations or requested by any judicial process or governmental agency;
- Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards; and
- Carry out any other purpose described to you at the time the information is collected.
We may share information about you as follows or as otherwise described in this Privacy Policy:
Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of our Services.
Social Sharing Features. The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our social media pages. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature.
Third Party App Integrations. If you connect a third-party application to our Services, we may share information with that third party.
Analytics Partners. We use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources. You can learn about Google’s practices by going to https://www.google.com/policies/privacy/partners, and opt-out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Advertising Partners. We work with third party advertising partners to show you ads that we think may interest you. These advertising partners may set and access their own cookies, pixel tags and similar technologies on our Services and they may otherwise collector have access to information about you which they may collect over time and across different online services. Some of our advertising partners are members of the Network Advertising Initiative http://optout.networkadvertising.org or the Digital Advertising Alliance http://optout.aboutads.info. If you do not wish to receive personalized ads, please visit their opt-out pages to learn about how you may opt out of receiving web-based personalized ads from member companies.
Aggregated Form. We may make certain automatically- collected, aggregated, or otherwise de-identified information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.
As Required By Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (i) comply with law enforcement requests and legal process, such as a court order or subpoena; (ii) respond to your requests; or (iii) protect your, our, or others’ rights, property, or safety. For the avoidance of doubt, the disclosure of your information may occur if you post any objectionable content on or through the Services.
Merger, Sale or Other Asset Transfers. We may transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets. The use of your information following any of these events will be governed by the provisions of this Privacy Policy in effect at the time the applicable information was collected.
Consent. We may also disclose your information with your permission.
You can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of certain features on our Services. You may also manage and update your information, or close your account by emailing us at studio@cathywaterman.com.
Marketing Communications. If you would prefer not to receive marketing emails sent by us, simply click on the unsubscribe link included at the bottom of any of those emails. If you opt out of receiving marketing emails, we may still send you other types of messages, such as purchase receipts, information about shipments, or emails about your account.
Location Information. You can prevent your device from sharing precise location information at any time through your device’s operating system settings.
Do Not Track. Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track" signals are not yet uniform. However, there is no accepted standard on how to respond to Do Not Track signals.
ACCORDINGLY, YOU ARE HEREBY NOTIFIED THAT OUR SERVICES ARE NOT CURRENTLY SET UP TO RESPOND TO ANY SUCH “DO NOT TRACK” SIGNALS.
In addition to the other notices that we have provided in this Privacy Policy to California Residents (as defined above) pursuant to the CCPA, we hereby provide the following notices to all California Residents regarding their rights under the CCPA:
5.1 Access to Specific Information and Data Portability Rights
Each California Resident has the right to request that we disclose certain information to you about how we collect and use your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (pursuant to Section 5.4: Exercising Your Access, Data Portability and Deletion Rights), we will disclose to you (per your request):
(a) The categories of personal information we collected about you.
(b) The categories of sources for the personal information we collected about you.
(c) Our business or commercial purpose for collecting or selling that personal information.
(d) The categories of third parties with whom we share that personal information.
(e) The specific pieces of personal information we collected about you (also called a data portability request).
(f) If we sold or disclosed your personal information for a business purpose; two separate lists disclosing: Sales (if any), identifying the personal information categories that each category of recipient purchased; and disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
5.2 Deletion Request Rights
Each California Consumer has the right to request that we delete any of your personal information that we collected from you and retained subject to certain exceptions. Once we receive and confirm your verifiable consumer request (pursuant to Section 5.4: Exercising Your Access, Data Portability and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. However, we may deny your deletion request if retaining the information is necessary for us or its service provider(s) to:
(a) complete the transactions for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you or otherwise perform our contract with you;
(b) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
(c) debug products to identify and repair errors that impair existing intended functionality;
(d) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
(e) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq);
(f) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
(g) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
(h) comply with a legal obligation; or
(i) Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
5.3 Notifications Regarding Sale (If Any) of Personal Information
WE HEREBY NOTIFY CALIFORNIA RESIDENTS THAT IN THE PRECEDING TWELVE (12) MONTHS WE HAVE NOT SOLD ANY PERSONAL INFORMATION TO ANY THIRD PARTY OUTSIDE OF THE U.S.
5.4 Exercising Your Access, Data Portability and Deletion Rights
To exercise your access, data portability, or deletion rights as set forth above in this Section 5, a California Resident must submit a verifiable consumer request to us by emailing us at studio@cathywaterman.com.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request to us related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12 month period. The verifiable consumer request must:
(a) Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative of such person.
(b) Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if the we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
5.5 Response Time and Format
If we receive a verifiable consumer request from a California Resident as set forth in Section 5.4 above, we will endeavor to respond to such verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to a total aggregate of 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically. Any disclosures we provide will only cover the 12 month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
5.6 Non-Discrimination Notice
We will not discriminate against any California Resident for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:
(a) Deny you goods or services;
(b) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
(c) Provide you a different level or quality of goods or services; or
(d) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
The information we collect about you may be transferred to, and accessed from within, the United States and other countries, As permitted by applicable law. These other countries may not offer the same level of data protection as your home jurisdiction. We will take steps to maintain an adequate level of protection for this information in the jurisdictions in which we process it. If you are a resident of the European Union (“EU”), please see “Consumers in the European Union” in Section 10 below.
We do not knowingly collect, maintain, or use personal information from children under 16 years of age, and no part of our Services are directed to children. If you learn that a child has provided us with personal information in violation of this Privacy Policy, then you may alert us at studio@cathywaterman.com
We use certain physical, organizational, and technical safeguards that are designed to ensure the integrity and security of Personal Information that we process. We take steps to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.
If you are in the European Union (“EU”), you have certain rights and protections under the law regarding the processing of your personal data.
We will only process personal data about in accordance with the following legal basis:
Necessity. As necessary to perform our responsibilities under our contract with you. For example, by processing your order and delivering the products you purchase;
Legitimate Interest. When we have a legitimate interest in processing your personal data. For example, to communicate with you about changes to our Services or legal documents, to prevent fraud, or to provide, protect and improve our products and services. We only rely on our legitimate interests to process your Personal Information when these interests are not overridden by your rights and interests;
Consent. If we request your consent to a specific processing activity (such as to send marketing emails), and you provide your consent in the manner indicated; and
Legal Obligation. In some cases, processing will be necessary for compliance with a legal obligation, such as response to legal process requests.
You have a right to request access to and receive information about the Personal Information we maintain about you, update and correct inaccuracies in your Personal Information, restrict or object to the processing of your Personal Information, have the information anonymized or deleted, as appropriate, or exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place. If you wish to access or amend any Personal Information we hold about you, you may contact us at studio@cathywaterman.com.
You have the right to withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal if you would like to exercise any of these rights, you may contact us by email at studio@cathywaterman.com.
We store the information we collect about you for as long as is necessary for the purposes for which we originally collected it. We may retain certain information for legitimate business purposes or as required by law. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
Cathy Waterman, Inc. is the entity responsible for the processing of your information as described in this Privacy Policy. If you have any concern about our privacy practices, our use and disclosure practices, your consent choices, or if you would like to exercise your rights, please contact us by email at studio@cathywaterman.com.
If you have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local data protection authority, please see: https://edpb.europa.eu/about-edpb/board/members.
The following Terms of Service and any other terms and conditions of use and rules posted on our Site, as such term is defined below(collectively the "TOS") constitute an agreement between Cathy Waterman, Inc., ("THE COMPANY", "we", "our","us") and you, the visitor or user of the Site (“you” or “user ”), governing your access and use of all content and functionalities available at THE COMPANY’s website, related micro-sites accessed through the URL www.cathywaterman.com, related domain names, and any other website or micro-site of THE COMPANY (collectively the "Site").
By visiting and continuing to use the Site, you hereby agree, accept and consent to the practices and all of the terms and conditions described in the TOS and the TOS will govern your use of the Site. The TOS also applies to the purchase and sale of products (“Product”or “Products”) inquired through the Site. We may modify the TOS from time to time and at any time and your continued use of the Site following such change shall signify your agreement to be bound by the modified TOS.
Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.
ACCESS TO AND USE OF THE SITE SECTION 1
INTELLECTUAL PROPERTY RIGHTS AND CONTENT; PRIVACY PROPERTY SECTION 2
NO COMMERCIAL USE SECTION 3
YOUR ACTIVITY SECTION 4
THIRD PARTY SECTION 5
SITE PROVIDED “AS IS” SECTION 6
DIGITAL MILLENIUM COPYRIGHT ACT SECTION 7
ADDITIONAL TERMS & CONDITIONS THAT GOVERN OUR SALE AND YOUR PURCHASE OF
ANY PRODUCTS OR SERVICES SECTION 8
GENERAL TERMS SECTION 9
Subject to all of the terms and conditions of the TOS, THE COMPANY gives you a non-exclusive, revocable, and limited right to access and use the Site provided you use the Site in compliance with all of the terms and conditions of the TOS (“AccessRight ”) and with any other agreements that THE COMPANY may have with you. For clarity, you understand and agree that: (i) THE COMPANY reserves the right to suspend or revoke your Access Right to use any Site if you have violated any provisions of the TOS; (ii) THE COMPANY has the right to change, suspend, or discontinue any functionalities or services available on any Site at any time, and from time to time, including the availability of any content or features that are currently available on any Site.
2.1 All copyright, designs, trademarks and all other intellectual property visible on the Site, including THE COMPANY’s underlying software and all HTML and other code contained on our Site, and all “Content” (as defined below) made available via or on any Site are the sole property of THE COMPANY or its respective owners. You are permitted to use the content on the Site only as expressly authorized by THE COMPANY and/or its third-party licensors. Any reproduction or redistribution of the above listed Content without permission is prohibited and may result in civil and criminal penalties. “Content” means all data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, and all other content and material made available to you via or on any Site.
2.2 You hereby: (i) agree that the THE COMPANY’s Privacy Policy, including without limitation the disclosures and notices contained therein to California residents pursuant to the California Consumer Privacy Act of 2018 (CCPA) are hereby incorporated into this TOS (collectively, “THE COMPANY’s’ Privacy Policy”); and (ii) consent and agree to all of the terms and conditions set forth in THE COMPANY’s Privacy Policy. You can review THE COMPANY’s Privacy Policy as laid out in the first part of this document.
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content (as defined above), to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.
You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at anytime without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than THE COMPANY, including advertisers. THE COMPANY has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While THE COMPANY will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of California.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact our Designated Agent as follows: studio@cathywaterman.com.
(a) Complete Terms: The TOS constitute the whole legal agreement between you and THE COMPANY and govern your use of the Services and completely replace any prior agreements between you and THE COMPANY in relation to the Services. You agree that THE COMPANY is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.
(b) Modifications to the Services: THE COMPANY is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which THE COMPANY provides may change from time to time without prior notice to you. You further acknowledge and agree that THE COMPANY may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at THE COMPANY's sole discretion, without prior notice to you.
(c) Confidentiality: You understand that THE COMPANY grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. THE COMPANY reserves the right to revoke these exceptions either generally or in specific cases.
(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that THE COMPANY has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which THE COMPANY may suffer) of any such breach.
(e) Indemnification: At THE COMPANY’s request, you agree to fully defend, indemnify and hold harmless THE COMPANY and its affiliates, and their officers, directors, employees, agents, licensors, and suppliers, immediately on demand, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site or of any product you purchase from THE COMPANY, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS, your use of the Site, your purchase of any products and the provisions of any services to you by or on behalf of THE COMPANY.
(f) Rights Not Waived: You agree that if THE COMPANY does not exercise or enforce any legal right or remedy which is contained in the TOS (or which THE COMPANY has the benefit of under any applicable law), this will not be taken to be a formal waiver of THE COMPANY's rights and that those rights or remedies will still be available to THE COMPANY.
(g) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
(h) Governing Law: The TOS, and your relationship with THE COMPANY under the TOS, shall be governed by the laws of the State of California. You and THE COMPANY agree to submit to the exclusive jurisdiction of the State and Federal courts in California and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.
(i) Independent Relationship: If you purchase any products from THE COMPANY, then the relationship between you and THE COMPANY is only that of an independent contractor relationship. Your use of the Site, and the provisions of these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and THE COMPANY. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.
NEED HELP?
EMAIL studio@cathywaterman.com
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