Summer Wildes

 

Terms &

Conditions

TERMS OF USE

GENERAL

This website (the “Website”) is owned, operated and distributed by Summer Wildes Inc., a Connecticut S-Corporation (“Summer Wildes”).  By accessing any part of the Website, you are agreeing to these terms and conditions described below (the "terms of use") AND THE TERMS AND CONDITIONS OF THE SUMMER WILDES POLICY (the “Policy”). If you do not agree to any of these terms, YOU SHOULD NOT use the Website. These Terms of Use apply to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website. THIS IS A LEGAL DOCUMENT BETWEEN YOU AND SUMMER WILDES, WITH IT BEING GENERALLY UNDERSTOOD THAT YOU ARE AGREEING TO THIS AGREEMENT BY VIRTUE OF YOUR USE OF THIS WEBSITE.

You acknowledge that Summer Wildes may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind.  In addition, Summer Wildes may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Summer Wildes without restriction. 

Use of the Web Site is only available only to individuals who are at least thirteen (13) years old. If you are not 13 years old, you are not authorized to use the Website.

Summer Wildes may, at its sole discretion, modify this Privacy Policy at any time.  By accessing the Website at any time after such modifications, you are agreeing to such modifications.  

TRANSACTIONS ON WEBSITE

Summer Wildes reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Summer Wildes makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Summer Wildes reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors, or to refuse to service a customer for any reason.

PRODUCT INFORMATION

The prices displayed on the Website are quoted in U.S. Dollars.  Certain products are available exclusively online through the Website.   Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Summer Wildes reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).  Summer Wildes has made every effort to display as accurately as possible the colors of the products that appear on the Website. However, Summer Wildes cannot guarantee that your computer monitor's display of any color will be accurate.

LINKS TO OTHER WEB SITES AND SERVICES

The Website may contain links to other Web sites that are not under the control of Summer Wildes. Summer Wildes has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Websites’ users.

USER SUBMISSIONS

Content submitted by users of the Web Site for public view is referred to in these Terms of Use as “User Submissions.”  You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Summer Wildes to use the User Submissions in the manner contemplated by the Web Site and these Terms of Use. 


You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Summer Wildes an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Web Site and under these Terms of Use.

Summer Wildes does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Summer Wildes reserves the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason.

INTELLECTUAL PROPERTY RIGHTS

Summer Wildes is a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.  Further, Summer Wildes is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act.  If you are a copyright owner and believe that any content on Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").  To provide Summer Wildes notice of an infringement, you must provide a written communication to Summer Wildes, Inc. at summer@summerwildes.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Additionally, this Policy provides only a limited license to access and use Summer Wildes’ website. Accordingly, you expressly acknowledge and agree that Summer Wildes transfers no ownership or intellectual property interest or title in and to the website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds artwork, computer code (including html code), programs, software, products, information and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the website, unless otherwise indicated, are owned, controlled, and licenses by the company and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Please be aware that Summer Wildes does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of its trademarks.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, SUMMER WILDES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY.

TO THE FULL EXTENT PERMISSIBLE BY LAW, SUMMER WILDES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SUMMER WILDES’ SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL SUMMER WILDES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, INCLUSING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

You agree to defend, indemnify, and hold harmless Summer Wildes and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this Policy.

GOVERNING LAW

You agree that the Web Site shall be deemed a passive service based solely based in Connecticut and shall not give rise to personal jurisdiction over Summer Wildes, either specific or general, in jurisdictions other than Connecticut. You will resolve any claim, cause of action, or dispute you have with us arising out of or relating to this Statement or Summer Wildes exclusively in the U.S. Federal Court for the District of Connecticut in Bridgeport, or a state court located in Fairfield County, Connecticut, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims.  The laws of the state of Connecticut will govern this Statement, as well as any claim that might arise between you and Summer Wildes, without regard to conflict of law provisions. These Terms of Use, together with the Privacy Policy and any other legal notices published by Summer Wildes on the Web Site, constitute the entire agreement between you and Summer Wildes concerning the Web Site. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Summer Wildes' failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than ONE (1) YEAR after the cause of action arose.

Most communications between Summer Wildes and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and Summer Wildes shall satisfy any legal requirements that such communications be in writing.

Privacy Policy

Privacy Policy

THANK YOU FOR VISITING SUMMERWILDES.COM. WE ARE COMMITTED TO

PROTECTING YOUR PRIVACY.

At summerwildes.com, we are committed to providing you an excellent and safe online shopping experience, as well as a high level of customer service. In order to accomplish this, we collect, use, and share certain personal information. We value the security of your personal information, and we restrict access to your nonpublic personal information to those employees who need to know that information in order to maintain the high quality of customer and product service that is synonymous with Summer Wildes. We continuously strive to better your summerwildes.com shopping experience, and may modify our privacy policy in the future to reflect any modifications enacted. We invite you to return periodically for the most updated version of our online privacy policy.

INFORMATION COLLECTION

We obtain certain information from you when you shop at summerwildes.com, including your name, billing address, shipping address, e-mail address, telephone number, and credit card information. When shopping at summerwildes.com, we may also collect certain details of your transactions and purchases. If you register for an account online or for our newsletter service, we may also ask for other information, such as your birthday and product preferences. To enhance your shopping experience, we may also collect non-personal information such as site usage history.

We collect certain information to process your purchase transactions and also to improve our services to you. We may use this information to send marketing and promotional materials by mail or e-mail, or to contact you for account purposes. We may also use the information for internal purposes, such as analyzing customer preferences and trends making personalized product recommendations to you and otherwise improving your experience when you shop on our website.

When you visit summerwildes.com, we and/or third-party vendors with whom we do business may send one or more “cookies” to your computer. A "cookie" is a small line of text that is stored with your Web browser, which we use to help provide better service to you. Your browser has options to accept, reject or provide you with notice when a cookie is sent. We may use cookies for many purposes, including (without limitation) to save your password so you don't have to re-enter it each time you visit the Website, and to deliver content (which may include product offers) specific to your interests. For example, we and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to our site. Through Google Analytics, we may also receive information regarding your demographics and interests. We use this information to improve the products and services we offer to customers, measure the success of various marketing programs, discover what types of customers we are successfully reaching and to find new customers who we believe may be interested in our products and services.

SECURITY OF INFORMATION

Protecting your security is very important to us. In our shopping checkout process, we use Secure Socket Layering (SSL) authentication, an industry-standard encryption technology that guarantees the confidentiality of transactions made at our online site. This serves as a precaution to protect your information from third party interception. Unfortunately, no data transmission over the Internet can be 100% secure. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us online. However, we continuously strive to protect your information and privacy as much as we can.

Summer Wildes will not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.  Summer Wildes may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on its behalf. In such circumstances, Summer Wildes requires that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy.  Summer Wildes may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.  In addition, Summer Wildes may release personally identifiable information:  (i) to the extent it has a good-faith belief that such action is necessary to comply with any applicable law, enforce any provision of the Terms of Use, protect itself against any liability, defend itself against any claims, protect the rights, property and personal safety of any user or protect the public welfare; or (ii) to respond to a court order, subpoena, or search warrant.

In the event that Summer Wildes is acquired by or merged with a third party entity, it reserves the right to transfer or assign the information it has collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of Summer Wildes’ bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, Summer Wildes may not be able to control how your personal information is treated, transferred, or used.

OPT-OUT PROCEDURE

When you register your e-mail address with us, you may receive promotional e-mails and newsletters with information about Summer Wildes' new products, gifts, and special offers. You can choose not to receive these announcements at any time by opting out of delivery. To opt out of delivery, check the bottom of any e-mail for instructions on how to edit your e-mail preferences or to completely unsubscribe from all publications.  Summer Wildes also may use your email address for non-marketing or administrative purposes (such as notifying you of major website changes or for customer service purposes).  You cannot opt out of receiving emails for non-marketing or administrative purposes.

CHILDREN UNDER 13

Federal law requires us to take special steps to safeguard children's privacy, mandating that web sites directed at children under 13 follow certain requirements when collecting information on these children. summerwildes.com is not directed at children under 13, and does not consciously collect any personal information from children under 13.

CHANGES TO POLICY

Summer Wildes may, at its sole discretion, modify this Privacy Policy at any time.  By accessing our website at any time after such modifications, you are agreeing to such modifications.  

SPECIAL NOTE TO INTERNATIONAL USERS

The web site is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the web site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the web site, which is governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users of the web site who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail with "California Privacy Rights" in the heading to summer@summerwildes.com or write us at: Summer Wildes Privacy Rights P.O. Box 454, Riverside, CT 06878

QUESTIONS ABOUT THIS POLICY

If you have any questions or concerns regarding this Privacy Policy, or the content or practices of summerwildes.com, you may contact us by e-mail at summer@summerwildes.com.