Privacy and Security (Effective March 1, 2011)
Information we collect and how it is used:
Information we collect: When you visit our website, we collect two types of information: information that you give us (personally identifiable information) and information that we collect automatically (non-personally-identifiable information).
Personally identifiable information is the information that is used to distinguish you from other people, and to identify you for the purposes of order fulfillment or communication. We collect this information through several means, including the information you give us when you sign up for an account, the mailing list, or gift registry, or when you place an order. When you send us an email inquiry or leave a comment on our blog, we may also collect your email address and the contents of your email or comment. The information that we collect may include your name, address, telephone number, email address, account information (e.g., credit card and online registration information) and information about your interests and preferences.
Non-personally identifiable information is automatically collected by our webserver and is not information that would be used to identify you. For example, when your web browser accesses our site, we obtain certain types of information such as your IP address, your browser type, access times, how you found our site (if you were referred from a web search or another site) and how you navigated our site once you found it.
How we use this information: The personally identifiable information that we collect is used to acknowledge and deliver items that customers order, communicate regarding an order when necessary, deliver requested information to customers (i.e., information in response to an inquiry on a certain item), improve the content of our website, maintain your account or gift registry, and to keep customers updated on the goings on at Moxie and Oliver (via the mailing list).
The non personally identifiable information that we collect is used to help us better understand the preferences and shopping habits of Moxie and Oliver customers. By understanding how the site is used, it enables us to create a better shopping experience for our customers.
The information we collect may be disclosed if we are legally required to do so at the request of governmental authorities conducting an investigation, in order to verify or enforce compliance with the policies governing our website and applicable laws, or to protect against misuse or unauthorized use of our website.
Your Choices: You may opt out of receiving emails from us at any time by following the directions provided in the email, or by emailing us at firstname.lastname@example.org. If you opt out of our email list, we may still send you emails that are non-promotional, such as emails about your purchases, account, or ongoing business relations.
If your personal information changes, we invite you to correct or update your information. You can do this by logging into your Moxie and Oliver account. If you have trouble with it, please feel free to email email@example.com and we can help you with it.
Security: Moxie and Oliver endeavors to use commercially reasonable physical, electronic, and procedural measures to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction while it is in our control. Although we take steps to protect your information, this should not be construed as warranting as fail-proof the security of information provided to Moxie and Oliver.
Changes to this Policy: Moxie and Oliver may change this policy from time to time. If we make changes to this policy, we will notify you by changing the “effective date” above or as required by law.
Contact: If you have any questions or concerns about this policy you may contact us at:
Moxie and Oliver
Welcome to Moxie and Oliver’s website, located at www.moxieandoliver.com (“Site”). These terms (“Terms”) apply exclusively to your access to and use of the site and do not alter in any way the terms and conditions of any other agreement that you have with Moxie and Oliver. If you are accessing this website on behalf of an entity, you represent that you are authorized to accept these terms and conditions on such entity’s behalf and that such entity agrees to indemnify you and Moxie and Oliver for a violation of these terms.
Please read these terms carefully. By accessing or using this website you are agreeing to be bound by the terms and conditions as stated herein. Do not use this website if you do not agree to all of the terms herein. We may, from time to time, update the terms on the website. Any changes to the terms are effective immediately upon posting, and your continued use of the website constitutes agreement to the updated terms. Any violation of these terms may result in, among other things, termination of your account.
Access and Eligibility: This Site is not intended for use by persons under 18 years of age. By accessing this Site, making purchases, and otherwise using the Site you represent that you are at least 18 years of age, have not been previously suspended or removed from the site, and that you have full power and authority to enter into this agreement and that it does not violate any other agreement to which you are a party.
When you provide us with personally identifiable information (see Privacy Notice) such as your name, address, email address, telephone number, and payment information, you agree to provide us with your accurate, current and complete information. Additionally, you agree that, upon creating an account, you will keep your account information and password secure and private, and notify us immediately if you discover or suspect any security breaches regarding this information or elsewhere on the Site.
Ownership of the Site: Unless otherwise indicated on the Site, the Site and all contents (including, but not limited to, logo, pictures, text, graphics, other files and the arrangement thereof) are the proprietary property of Moxie and Oliver LLC and its affiliates, licensors or suppliers and are protected under US and international copyright laws. You are granted a limited, nonexclusive, non-sublicensable license to access the Site and may copy or print portions of the site for personal use and reference only. Any resale, publication, public display, distribution, modifying, downloading, or use of the site other than for its intended purpose is strictly prohibited.
Copyright Complaints: In accordance with the Digital Millennium Copyright Act (“DCMA”) and other applicable laws, Moxie and Oliver has a policy of terminating, at our sole discretion, anyone who is deemed to be a copyright infringer. If you believe that anything on this Site infringes upon any copyright which you own or control, you may file a complaint with our designated agent as set forth below:
Designated Agent: Caitlin McNamara
Address: 608 NW 84th Street, Seattle WA 98117
Please see 17 U.S.C. 512(c)(3) for the contents of a proper notification. Please also be sure to include the URL of the material you believe to be infringing. Upon receipt of a valid claim, Moxie and Oliver will remove the material in question from public view while the claim is being evaluated. Moxie and Oliver has no role to play in prosecuting or defending a claim of copyright infringement and cannot be held accountable for damages, regardless of whether the claim is found to be true or false. Please note: If you materially misrepresent that material violates your copyright interests, you will be liable for all damages including costs and attorneys fees, as incurred by us or by the alleged infringer as a result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Hyperlinks: You are granted a limited, non-exclusive, right to create hyperlinks linking to Moxie and Oliver for non-commercial purposes provided that such links do not portray Moxie and Oliver in a false, misleading, or otherwise defamatory manner, and provided further that the linking site does not contain any material that is adult, illegal, or otherwise offensive. You may not use the Moxie and Oliver logo or other proprietary graphics without prior written permission from Moxie and Oliver. Your right to create hyperlinks to link to the Moxie and Oliver site may be revoked at any time.
User Conduct: In accessing this site you agree you will not violate any law, contract, or intellectual property. You also agree that you will not:
Use the site in any unlawful manner that could damage, disable, or otherwise impair the Site;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Site or to extract data;
Reverse engineer any aspect of the site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except where expressly permitted by law);
Use or attempt to use another person’s account without authorization from Moxie and Oliver;
Attempt to access any service or area of the site that you are not authorized to access;
Make it look like you have a relationship to us or that we have endorsed you for any purpose.
Indemnification: By accessing this site you agree to defend, indemnify, and hold harmless Moxie and Oliver and its subsidiaries, affiliates, officers, agents, members, employees, independent contractors, service providers, consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the site, your violation of these terms, your violations of the right to another, or your conduct in connection if this site. Some jurisdictions limit consumer indemnities, so some of all of these conditions may not apply to you.
Disclaimer: Except as expressly provided, the Site, Site content, user content and services provided on or in connection with the Site (collectively, “Complete Site”) are provided on an “AS IS” and “WITH ALL FAULTS” basis. Moxie and Oliver LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Moxie and Oliver LLC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Moxie and Oliver LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF USE OF THIS SITE OR PRODUCTS PURCHASED FROM THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. Moxie and Oliver does not represent or warrant that the Complete Site is complete, accurate, reliable, current or error-free. Moxie and Oliver does not warrant that the site and its servers are free of viruses or other harmful components.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU.
Applicable Law and Venue: These terms and conditions are governed by the laws of the State of Washington. You agree that any action at law or in equity arising out of these Terms shall be filed in State or Federal court in King County, Washington, and you hereby irrevocably and unconditionally consent to submit exclusive jurisdiction to such courts in any suit, action, or proceeding arising out of these terms.
Severability: If any portion of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remainder of the Terms.
Pricing and Availability: All prices are shown in U.S. Dollars; taxes and shipping and handling charges are additional. State sales tax will be charged to Washington State residents only at the current rate. All items are subject to availability, which may change at any time and without notice. We reserve the right to limit quantities or discontinue products without notice, even if you have already placed an order for that product. All prices are subject to change without notice.
Errors: We attempt to be as accurate as possible in the Site and to eliminate errors on the site whenever possible. We do not represent that any product, description, photograph, price, or other information is complete, accurate, current, reliable and error-free. We reserve the right to correct an error at any time, whether on the site or in an order confirmation, in processing an order, or in delivering a product to you. If we have made a mistake in the price of a product we reserve the right to charge you the correct item price, or cancel the order and refund any amount charged. Your sole remedy in the event of such an error is to cancel your order and obtain a refund.
Warranties: Moxie and Oliver DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS YOU PURCHASE OR RECEIVE FROM Moxie and Oliver. Moxie and Oliver LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHETHER IN WRITING, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR PARTICULAR PURPOSE, OR WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND FROM Moxie and Oliver. Artists whose work is sold through Moxie and Oliver may provide other warranties, and you agree that you will look solely to the warranty(s), if any, provided by those artists. Some artists may use hazardous materials in their work, and upon request Moxie and Oliver will provide you with any applicable product warnings and other information provided to us by the artists. In certain circumstances, the product may be harmful to humans or animals especially when used in a manner other than its intended purpose (for example, some bowls may be purely decorative and not safe for eating out of). Moxie and Oliver makes no warranties whatsoever in regard to the products sold on the Site nor do we prepare or provide product information other than what is provided to us by the artists.
OME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OR ALL OF THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
Exclusivity of Remedy; Limitation of Liability: YOUR SOLE AND EXCLUSIVE REMEDY, AND MOXIE AND OLIVER’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY SHALL BE TO RETURN THE PRODUCT AND RECEIVE A REFUND UNDER OUR RETURN POLICY. IN NO EVENT SHALL MOXIE AND OLIVER BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF MOXIE AND OLIVER WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.