Michael & Son's Privacy NoticeLast updated: February 1, 2010
- What Personal Information About Customers Does Michaelandsons.com Gather?
- Does Michaelandsons.com Share the Information It Receives?
- How Secure Is Information About Me?
- What About Links to Other Websites?
- Which Information Can I Access?
- What Choices Do I Have?
- Are Children Allowed to Use Michaelandsons.com?
- Conditions of Use, Notices, and Revisions
- Examples of information Collected
What Personal Information About Customers Does Michaelandsons.com Gather? The information we learn from customers helps us personalize and continually improve your shopping experience at MichaelAndSons.com. Here are the types of information we gather.
- Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our business, and communicating with you.
- Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Michaelandsons.com.
- E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Michaelandsons.com if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please contact us.
Does Michaelandsons.com Share the Information It Receives? Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and do not sell or give this information to third parties.
- Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
- Promotional Offers: Sometimes we send offers to selected groups of Michaelandsons.com customers on behalf of other businesses. When we do this, we do not give that business your name and address. If you do not want to receive such offers, please contact us.
- †Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Michaelandsons.com, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
- Protection of Michaelandsons.com and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of MichaelAndSons.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
- With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
How Secure Is Information About Me?
- We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
- We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
†What About Links to Other Websites?
What Choices Do I Have?
- As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase.
- If you do not want to receive e-mail or other mail from us, please. (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of Michaelandsons.com, and it is your responsibility to review them for changes.)
Are Children Allowed to Use Michaelandsons.com?
Michael & Son's does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Michaelandsons.com only with the involvement of a parent or guardian.
Conditions of Use, Notices, and Revisions
If you choose to visit Michaelandsons.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of Nevada. If you have any concern about privacy at Michaelandsons.com, please contact us with a thorough description, and we will try to resolve it.
Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Examples of Information Collected
Information You Give Us
You provide most such information when you search, buy, bid, post, participate in a contest or questionnaire, or communicate with customer service. For example, you provide information when you search for a product; place an order through Michaelandsons.com. communicate with us by phone, e-mail, or otherwise; complete a questionnaire or a contest entry form; compile Wish Lists or other gift registries; specify a Special Occasion Reminder; and employ other Personal Notification Services, such as Available to Order Notifications. As a result of those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; people to whom purchases have been shipped, including addresses and phone number; people (with addresses and phone numbers); e-mail addresses of other people; content of e-mails to us.†
Information from Other Sources
Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily.
Conditions of Use
Welcome to Michaelandsons.com. Michaelandsons.com provides their services to you subject to the following conditions. If you visit or shop at Michaelandsons.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Michael & Son's service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these conditions are inconsistent with such Terms, the Terms will control.
Please review our Privacy Notice, which also governs your visit to Michaelandsons.com, to understand our practices.
When you visit Michaelandsons.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Michael and Sonís or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Michael & Son's and protected by U.S. and international copyright laws. All software used on this site is the property of Michael & Son's or its software suppliers and protected by United States and international copyright laws.
†Michaelandsons.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Michael & Son's in the U.S. and/or other countries. Michael & Son's trademarks and trade dress may not be used in connection with any product or service that is not Michael & Son's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Michael & Son's. All other trademarks not owned by Michael & Son's that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MichaelAndSons.
LICENSE AND SITE ACCESS
Michael & Son's grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Michael & Son's. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Michael & Son's. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Michael & Son's without express written consent. You may not use any meta tags or any other "hidden text" utilizing Michael & Son's name or trademarks without the express written consent of Michael & Son's. Any unauthorized use terminates the permission or license granted by Michael & Son's. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Michaelandsons.com so long as the link does not portray Michael & Son's, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Michael & Son's logo or other proprietary graphic or trademark as part of the link without express written permission.
†If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Michael & Son's does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Michaelandsons.com only with involvement of a parent or guardian. Michael & Son's reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MichaelAndSons reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Michael & Son's a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Michael & Son's and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Michael & Son's for all claims resulting from content you supply. Michael & Son's has the right but not the obligation to monitor and edit or remove any activity or content. Michael & Son's takes no responsibility and assumes no liability for any content posted by you or any third party.
Michael & Son's respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us in writing at the address below:
Michael & Son's
2001 East Second Street
Reno, Nevada 89502
All items purchased from Michael & Son's are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Michael & Son's attempts to be as accurate as possible. However, Michael & Son's does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Michael & Son's itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. With respect to items sold by Michael & Son's, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by Michael & Son's.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MICHAEL & SONíS "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MICHAEL AND SONíS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MICHAEL AND SONíS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MICHAEL AND SONíS DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MichaelAndSons ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MICHAEL AND SONíS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Michaelandsons.com, you agree that the laws of the state of Nevada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Michael & Son's.
Any dispute relating in any way to your visit to Michaelandsons.com or to products or services sold or distributed by Michael & Son's or through Michaelandsons.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Washoe County, Nevada, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Michaelandsons.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Michael & Son's
2001 East Second Street
Reno, Nevada 89502