Information We Collect
We collect information when you visit our Website, open our emails, use our apps or interact with our related tools, widgets or plug-ins, we may collect certain information by automated means, such as cookies, web beacons and web server logs. The information we collect in this manner may include your IP address, unique device identifier, browser characteristics, domain and other system settings, search queries, device characteristics, operating system type, language preferences, referring URLs, actions taken on our site, dates and times of website visits, and metadata. Through these automated collection methods, we obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you for the purposes described below, and to let us know, for example, whether you have opened an email we sent to you. While you can change your cookies settings in your browser, please note, however, that without cookies you may not be able to use all of the features of our Website.
- contact information (such as name, postal address, email address, and mobile or other telephone number);
- username and password if you have registered an account with us;
- purchase, return, wish list and transaction information;
- customer service information (such as customer service inquiries, comments and history);
- device information;
- photographs, comments and other content you provide;
- information regarding your personal or professional interests, date of birth, anniversary date, demographics (such as gender, occupation, income and marital status), experiences with our products, and shopping and contact preferences;
- social media information;
- contact information you provide about friends or other people you would like us to contact; and
- information we may obtain from our third-party service providers.
In addition, we may use local shared objects to collect and store information about your preferences and how you interact with our Websites and Apps. These technologies help us recognize you, customize or personalize your shopping experience, store items in your online shopping cart between visits, and analyze the use of our services and solutions to make them more useful to you. These technologies also allow us to aggregate demographic and statistical data and compilations of information, which may include personal information, and share this information with our business partners and service providers that provide products and services to us.
Information collected directly by the third party providers of the features is subject to the privacy policies or notices of these providers. We are not responsible for these providers’ information and privacy practices.
How We Use the Information We Collect
We may use the information described above in one or more of the following ways, and we may seek specific consent prior to such use, depending on your jurisdiction:
- to provide our Website and its contents to you;
- to provide requested products and services including, as applicable, order confirmation, billing, and delivering products or services;
- to process and track orders;
- to respond to comments, questions, or concerns;
- to prevent and detect fraud and other unlawful activity, claims and other liabilities;
- to improve or develop new services and product offerings;
- to identify, offer, and contact you with personalized content and advertising, including newsletters, articles, product or service alerts, new product or service announcements, savings awards, event invitations, and other information;
- to conduct market research, surveys, and similar inquiries to help us understand trends and customer needs across product categories or customer groups;
- to alert you about a product safety announcement or recall or correction of an offer, promotion, or advertisement;
- to enroll you in loyalty or other programs, and enter you into sweepstakes and promotions or contact you regarding a contest prize;
- to keep a record of our interactions with you if you place an order or otherwise deal with our representatives over the telephone or online;
- to notify you of changes to our Website or any products or services we offer;
- for marketing and promotional purposes;
- to verify and validate your identity to reduce credit risk and manage collections;
- to ensure that your shopping experience is as easy and pleasant as possible;
- to carry out our obligations and enforce our rights; and
- to comply with and enforce applicable legal requirements, relevant industry standards, contractual obligations and our policies.
We may also use the information in other ways for which we describe at the time of collection.
In addition, we may use information collected through cookies, web beacons, pixels, web server logs and other automated means for purposes such as (a) customizing our users’ visits to our Website, (b) delivering content tailored to our users’ interests and the manner in which our users browse our Website, and (c) managing our Website and other aspects of our business. To the extent required by applicable law, we will obtain your consent before collecting information using cookies or similar automated means.
We may use third-party analytics services on our website, such as Google Analytics
The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze your use of our Website. The information collected through these means (including IP address) may be used by these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the Website.
Links From the Website
The Website may contain links to other sites and resources provided by third parties, which are provided for your convenience only. This includes links contained in advertisements, such as banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of those sites or resources. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and your use is subject to the privacy policies and terms and conditions of use that govern such websites.
The Stripe Checkout service (“Stripe Checkout”) is technology that makes it easier for merchants on the Internet (“Merchants”) to collect payment from individuals like you. Stripe Checkout also makes it easy for you to store a credit card or debit card (“Payment Credentials”) with Stripe for use across the websites of Merchants who’ve chosen to enable it.
Using Stripe Checkout
When you check out on the website of a Merchant that has Stripe Checkout enabled, we will ask you if you’d like us to remember you. When you allow us to remember you, Stripe will store certain identifying information, such as a password, your email address, or your mobile phone number (“Stripe Credentials”), and your Payment Credentials. The advantage of remembering you is that it will make your checkout quicker and easier if you come back to the same website, or to any of the other websites that use Stripe (a “Checkout Enabled Site”) – this can be especially handy when you’re on a mobile device or don’t have your credit card in front of you.
If you send us text messages, or have us send you one, don’t forget that your carrier might charge you for that.
Stripe Checkout is a way of storing your Payment Credentials, but it doesn’t change anything else about your relationship with the Merchant you’re paying or your bank or credit card company. You are ultimately responsible for the purchases you make using Stripe Checkout. Also, the Merchant is the one responsible for providing you the goods or services that you purchase using Stripe Checkout, not Stripe. Stripe will use reasonable efforts to keep your Payment Credentials secure.
If you want to delete your Payment Credentials, stop storing information using Stripe Checkout, or change your settings, please contact us at https://stripe.com/contact.
Representations and Warranties
By using Stripe Checkout you represent and warrant that you are at least 18 years of age and that you will not use Stripe Checkout for any fraudulent, unlawful or abusive purpose.
Stripe Checkout, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through Stripe Checkout, are provided “as is.” To the fullest extent permissible by law, Stripe, its affiliates, and their agents, merchants or independent contractors (the “Disclaiming Entities”), make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by Stripe Checkout, or for any breach of security associated with the transmission of sensitive information through Stripe Checkout. Each Disclaiming Entity disclaims without limitation, any warranty of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. The Disclaiming Entities do not warrant that the functions contained in the services will be uninterrupted or error free. The Disclaiming Entities shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. The Disclaiming Entities are not responsible for the accuracy of any payment instrument, offer, or reward program item information, including, without limitation, whether such information is accurate.
Limitations of Liability; Force Majeure
In no event shall any Disclaiming Entity be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any Disclaiming Entity or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the Disclaiming Entity has been advised of the possibility of such damage or loss. In no event shall the Disclaiming Entities’ total cumulative liability arising from or relating to these Terms of Service exceed $10 US dollars. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
These Terms of Service will be governed by the laws of California, except for California’s choice of law rules, and by applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in San Francisco, California
Modification of Terms of Service; Notices
We have the right to change or add to these Terms of Service at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of Stripe Checkout by posting such changes on our website or any other website we maintain or own. We may provide you with notice via email, postings on our website, or through other reasonable means. If you are an existing Stripe Checkout user, the changes will come into effect 10 days after we post the changes to our website, and your use of Stripe Checkout more than 10 days after we publish any such changes on our website, constitutes your acceptance of the modified Terms of Service. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of Stripe Checkout. You can access a copy of the current terms of these Terms of Service on our website at any time. You can find out when these Terms of Service were last changed by checking the “Last Updated” date at the top of these Terms of Service.
You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of your use of Stripe Checkout or termination of these Terms of Service for any reason, in addition to this section, the following sections shall survive termination: Sections 5 through 13.
Stripe’s failure to exercise or enforce any right or provision of the Terms of Service will not be considered a waiver of that right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. these Terms of Service, including Stripe’s policies governing Stripe Checkout referenced herein, constitutes the entire agreement between you and Stripe with respect to the use of Stripe Checkout. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and Stripe, and no other person will have the ability to assert any rights as a third party beneficiary under these Terms of Service. These Terms of Service do not limit any rights that Stripe may have under trade secret, copyright, patent or other laws.
If you wish to purchase any goods or services made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not guarantee that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to: (i) limit the available quantity of or discontinue any goods or services; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and/or (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
We have attempted to accurately depict the colors and details of the products offered on this Website. However, because the color and product details you see is dependent on your computer monitor, we cannot guarantee that the color and details that you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
Pricing, Availability, and Accuracy
Company’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Company makes a conscientious effort to describe and display its products and services accurately on the Website. Despite these efforts, a small number of items on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising through other media. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience.
Limitation of Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.