Terms and Conditions | May 1,2009
Our Commitment to Privacy
Our Privacy Policy was developed as an extension of our commitment to combine quality products and services with integrity in dealing with our customers. The Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us and to assist you in making informed decisions when using our website and our products and services.
No Use of Our Site by Persons Under 18
No person under 18 should disclose information on this website or sign up for any information or seminar. You may learn more about protecting children's privacy online by visiting www.ftc.gov/kidzprivacy.
What Information Do We Collect?
When you visit our website you may provide us with two types of information: personal information you actively choose to disclose ("Active Information") and information collected, in a way not visible to you, on an aggregate anonymous basis as you and others browse our website ("Passive Information").
Active Information You Choose to Provide
In order to gain use of the site (become a “user”), we require you to disclose the following information:
Your name, valid address, phone number and email address.We collect the domain and email address (where possible) of visitors to our webpage, the email address of those who communicate with us via email, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, information volunteered by the consumer, such as survey information , newsletter sign up, and /or site registration. The information we collect is used to improve our web page, used to customize the content or layout of our page for each individual visitor, used to notify consumers about updates to our website, shared with agents or contractors who assist us in providing support for our internal operations, used by us to contact consumers for marketing purposes. You must be a U.S. resident and over 18 to participate. By providing your contact information, you agree that you may be called, mailed or emailed with information related to your request, and/or information regarding our or other parties’ related products and services.
In addition, you agree that by submitting your Active Information, you are making a purchase, an inquiry and/or an application for purposes of the Telemarketing Sales Rule, 16 CFR §310 et seq., and for the purposes of the state and federal law. Notwithstanding that your telephone number may be listed on the Federal Trade Commission's or a state Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the state and federal law.
California Residents
If you are a California resident, you have the right to receive: a) information identifying any third party company(ies) to whom we may have disclosed, within the past calendar year, personal information pertaining to you and your family for the company's direct marketing purposes; and b) a description of the categories of personal information disclosed. To obtain such information you must make a request in writing. Your request must include your name and email address, the URL for the website you visited, and a return address or it will not be processed. We will not honor such requests more than once per calendar year. Please mail your request to Miles Cake and Candy Supplies, 37661 Gratiot, Clinton Twp. MI 48036.
Passive Information Collected: Visitors preferences, session information (items added to consumers shopping cart),record user-specific information ,record past activity at a site in order to provide better service when visitors return to our site.
What is a Cookie?
Our Site utilizes cookies to collect information about how our Site is used. Passive Information gathered from cookies may include the date and time of visits, the Site pages viewed, time spent at our Site and the websites that you visited just before and just after your visit to our Site. To find out more about cookies, please visit www.cookiecentral.com. If you do not wish to transmit "cookie" information about yourself, you may turn off the cookie function in your web browser. Please consult the "Help" section of your web browser in order to correctly turn off or disable the cookie functions. However, please be advised that turning off or disabling the cookie functions on your web browser may prevent our system from properly recognizing you when you visit our Site, and consequently may make your participation in our Program more difficult or invalid.
Our Site's servers also automatically identify your computer by its Internet protocol (“IP”) address, which is a unique string of numbers that is assigned to your computer by your Internet service provider. IP addresses are automatically logged by web servers, collecting information about a user's traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Internet. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Your IP address may be used to address problems with our server, administer our Site and/or to gather broad demographic information about our Users. Finally, the other websites that you visit have IP addresses, and we may collect the IP addresses of those websites and their pages, as well. | How Do We Use the Information Collected?
Broadly speaking, persons we employ directly, or as contractors or agents at our direction, use Active Information for purposes of administering our business activities, providing customer services such as support, and distributing information about products and services that you have requested. We may use the Active Information or Passive Information you provide to us to contact you about changes to our website, new services, features or products we offer, or other information we think you may find valuable. If at any time you do not wish to receive such information, you may "opt-out" by clicking here to unsubscribe or contacting us at Miles and Candy Supplies, 37661 Gratiot, Clinton Twp. MI 48036 or by email at milescake@sbcglobal.net. However, it may take up to ten (10) days for the change to be fully effective.
We use Passive Information to gather information about our Users and to enhance and design our website to make it easier, faster and friendlier to use. Additionally, cookies help us know information about how many people visit our website, when they visit and how they use our service. Passive Information may result in your viewing of particular advertising based on your user habits for your viewing on our website and a shopping experience customized to you in content, services and goods.
Who Do We Share Information With?
Sharing Information with Marketing Partners
We may share your contact information for the purpose of offering you products and services we think may be of interest to you, from us or from other parties.
Sharing Information in Other Scenarios
We also reserve the right to release your information (both Active Information and Passive Information) in the event that: (1) we believe that the Site is being or has been used to commit unlawful acts; (2) if the information is subpoenaed or otherwise required in a court proceeding; (3) in the event that you violate or breach an agreement with the Site including, but not limited to, this Privacy Policy; (4) in the event that you have submitted fraudulent or otherwise invalid information to this Site; (5) we believe that you may harm, or have harmed, the property or rights of us, the Program’s other Users or any other third party; (6) if we are sold or acquired; or (7) when we otherwise deem it necessary or appropriate. By agreeing to this Privacy Policy, you hereby consent to disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the requirements of the CAN-SPAM Act of 2003, as amended from time to time (“CAN-SPAM”) or any other applicable state or federal law, rule or regulation.
How Do We Secure Active Information and Passive Information?
We secure your personal information submitted by you by using reasonable technical efforts to prevent unauthorized access or disclosure, or accidental loss or destruction of Active Information and Passive Information. Efforts we may take to ensure security include but are not limited to: maintaining our own servers under our control and/or monitoring of our network and data for intrusions. Communications you may have with us via email or mail may not be secure unless we advise you that security measures are in place prior to your sending information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we request that you do not send or post sensitive information through these means.
How Can You Choose Not to Receive Information about Products or Services by Us or to Correct, Delete or Access Your Information
If you do you not want to receive information about products or services we think may be of interest to you or if you wish to access, delete or correct your information, please contact us at Miles cake and Candy Supplies or by email at milescake@sbcglobal.net
YOUR USE OF OUR SITE AND/OR PARTICIPATION IN OUR PROGRAMS MEAN THAT YOU ACCEPT THE PRACTICES SET FORTH IN THIS POLICY. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE POLICY BY POSTING THE NEW VERSION WITH A NEW DATE. YOUR CONTINUED USE INDICATES YOUR AGREEMENT TO THE CHANGES. | USER AGREEMENT (“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to these terms and conditions. If you do not agree to this Agreement please do not use this site and do not click “I agree”. Please check this Agreement periodically for changes as the owner of this site(“miles Cake and Candy Supplies”) reserves the right to revise this Agreement and your continued use of this site following the posting of any changes to the Agreement constitutes acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well.
CONSENT TO RECEIVE ELECTRONIC RECORDS
By participating in the products or services on the site, you signify your express consent to receive information from Company in electronic format. You will need a computer with browser and Internet access to receive such electronic records. Electronic records may include terms and conditions, agreements, privacy policies, and other items.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing this site from any country where material on this site is prohibited or illegal, please leave now as you do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. You agree not to make any false or fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all content and services available on this site are property of the Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by the Company, its advertisers and licensors. You agree to pay for any and all purchases and services made using your name and credit card through this Site, not to challenge any such charges and to pay for all collections and/or attorneys fees resulting from any non-payment.
LICENSE RESTRICTIONS
Use
You agree not to make any false or fraudulent statements in your use of or to gain access to this site or during your use of this site. Except as may be explicitly permitted through this site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site or that is property of Company or any advertiser offering materials through our programs. Systematic retrieval of data or other content from this site or the site of any party offering materials through this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
You agree to use your best efforts to prevent access to this site through your login and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the Company immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a login and Password not easily guessed by a third party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents or materials on or received via this site or any advertiser's site. You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that the Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
No International Users
Accessing this site, and services, products or contents available on this site from places outside the U.S. (unless expressly set forth) or where their contents are illegal, is prohibited. None of the information on this site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of these countries. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, you shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S. Government, the following provision applies. Any software which is downloaded from or made available via the site for or on behalf of the United States of America, its agencies and/or instrumentalities is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Unpublished rights reserved under the copyright laws of the United States. | USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate to the Company through this site (collectively “Submissions”) shall forever be the property of the Company. You agree to the Site Submission Rules found here as part of this Agreement if provided on the site by the Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, the Company shall have exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for the message, including its legality, reliability, appropriateness, originality and copyright. You hereby represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
The Company's, licensors', advertisers, merchants or other third party materials, services or products referenced on this site are common law or registered trade marks or service marks of such parties and you agree never to use such without express written permission.
THIRD PARTY SITES
You will be transferred to online merchants or other third party sites through links or frames from this site. You are cautioned to read such sites' Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. You acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by the Company, its advertisers or licensors, any association with its operators and is provided solely for your convenience. You agree that the Company and its licensors have no liability whatsoever from such third party sites and your usage of them. If you wish to suspend email from such sites, you must contact them directly.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. ALL OF THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
| INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, advertiser's sites, offers, gifts, the suitability of the information contained on or received through use of this site, or any services or products received through this site, or any violation of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or your use immediately upon receipt of any notice which alleges that you have used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose the your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and you agree not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the State of Michigan, U.S. of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by site. As each of these places has laws that may differ from Michigan, by accessing this site, both you and the Company agree that the statues and laws of Clinton Township Michigan shall apply to any actions or claims arising out of or in relation to this Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of Clinton Township Michigan and any legal proceedings shall be conducted in English. The Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.
PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there filtering devices which are commercially available that may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.
CALIFORNIA USER CONSUMER RIGHTS
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void. | Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through this site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, video, software, images, sounds, data, or other information -- that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of this site’s rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any employee or representative of this site, its licensors or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical contact with, anyone 18 years old or younger without appropriate prior verifiable express parental consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site. However, this site and its agents have the right, at their sole discretion, to remove any content that, in this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful, objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any notice which alleges that you have used this site in violation of these Rules and/or for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree that the owner of this site may disclose your identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and the owner of this site shall not be liable for damages or results thereof, and you agree not to bring any action or claim against the owner of this site for such disclosure.
This site reserves the right to revise these Site Submission Rules at its discretion, so check back from time to time to be sure you are complying with the current version. | |
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