WHIM OF IRON

Terms of Use - Whim of Iron

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Whim of Iron
mail. 825 College Blvd., S/102-526

Oceanside, CA 92057
email: barbara.mcdonald@whimofiron.com -- cell: 1-760-278-1258

email: john.mcdonald@whimofiron.com --- cell: 1-760-278-1248

Effective Date: 5-15-17                Terms of Use Agreement Version: 2.0

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This web page is a legal document and is the Terms of Use Agreement (Agreement) for our website www.whimofiron.com. By using our Website you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.   

Definitions

The terms “us”, “we”, and “our” refer to California dba, Whim of Iron, the owner of this Website.

A “Visitor” is someone who merely browses our Website.

A “Member” is someone who has registered with our Website to use our Services.

The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away.
The term "Content" is a collective identifier that refers to all text, information, graphics, design, and data offered through our Website or Services, whether produced by our Members or by us. We distinguish content posted by our Members as “Member Content”.

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Acceptance of Agreement

This Agreement is between you and Whim of Iron.

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THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BEING BOUND BY EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE IT FURTHER.

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Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Whim of Iron and supersedes all other Agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein.  However, in order for you to use our Website and/or Services you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
 

Privacy Policy

Our Privacy Policy is considered part of this Agreement and available on this website by clicking this link: www,whimofiron Privacy Policy.

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If you do not accept and agree to being bound by all of the terms of this Agreement, including the www.whimofiron.com Privacy Policy, do not use this Website or our Services.

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Arbitration

Any legal controversy or claim arising from or relating to this Agreement and/or our Services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, and our Service will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.

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The arbitration will be conducted in San Diego, CA, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party will bear a half of the arbitration fees and costs.

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Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in San Diego, CA and will be governed by and construed in accordance with the laws of the state of California without regard to conflict of laws provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

Whim of Iron grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Whim of Iron.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Whim of Iron.

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Our Content, as found within our Website and Services, is protected under United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.

Eligibility and Registration for Membership
To use our Services you must register with our Website to become a Member. Your Membership is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms of Use. By using our Website and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. Whim of Iron has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.

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When you complete the registration process, you will receive a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password.

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You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Website will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely, or otherwise reliable.

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Whim of Iron reserves the right in our sole discretion to change any content, software, and other items used or contained in our Website or Services at any time without notice.

Disclaimer

Our Website publishes content supplied by third parties, Users, Advertisers, Merchants and Sponsors. Accordingly, Whim of Iron has no editorial control over such content. Any opinions,  or other information or content expressed or made available by third parties, including information providers, Users or any other user of our Website, are those of the respective author(s) and not of Whim of Iron. Whim of Iron does not guarantee the accuracy, completeness, merchantability or fitness for any particular purpose nor the legality of any content provided by any of these parties.

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You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of products or services purchased from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.

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You hereby acknowledge that nothing contained in our Website will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and Whim of Iron or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Website or Services.

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Warranty Disclaimer

Whim of Iron is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Whim of Iron. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services.  Whim of Iron is not responsible for the online or offline conduct of any User of our Website or Services.

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Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Whim of Iron assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Member communications. 

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Whim of Iron is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Website or Services, including without limitation any software provided through our Website or Services.

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Under no circumstances will Whim of Iron be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

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Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation to our Website, by third parties, or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

WHIM OF IRON, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. WHIM OF IRON CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. WHIM OF IRON DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND WHIM OF IRON.

OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

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Limitation of Liability

IN NO EVENT WILL WHIM OF IRON OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF WHIM OF IRON IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHIM OF IRONN’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

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Member Conduct

Members may post their content to our Website through our Services (Member Content).  Members and Visitors understand that by using our Website or Service they may be exposed  to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Whim of Iron is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Whim of Iron will submit all necessary information to relevant authorities.

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If any Member Content is reported to Whim of Iron as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Whim of Iron. If the Member fails to meet such request, Whim of Iron has full authority to restrict the Member’s ability to post Member Content OR immediately terminate the Member’s membership without further notice to the Member.

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Without limiting the foregoing we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.

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You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a Member you agree not to use our Services to do any of the following:

• Upload, post, or otherwise transmit any Member Content that:

  • Violates any local, state, federal, or international laws

  • Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party

  • Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable

  • Links directly or indirectly to any materials to which you do not have a right to link

  • Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers

  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from our Website or Services

  • Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation

  • In the sole judgment of Whim of Iron is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Whim of Iron, our affiliates, or our Users to any harm or liability of any type

• Use our Content to:

  • Develop a competing website

  • Create compilations or derivative works as defined under United States copyright laws

  • Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism

  • Decompile, disassemble, or reverse engineer our Website, Services, and any related software

  • Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

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Use of Information

You grant Whim of Iron a license to use the information and materials you post to our Website. By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Member Content”) to our Website, you are granting Whim of Iron, its owners, officers, directors, employees, agents, consultants, representatives and affiliates, a license to use the Member Content in connection with the operation of the business of Whim of Iron, its directors, employees, officers, affiliates, representatives, consultants, and agents, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat Member Content.

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You understand and agree that you will not be compensated for any Member Content. By posting Member Content on our Website or Service, you warrant and represent that you own the rights to the Member Content or are authorized to post, display, distribute, perform, or transmit Member Content.
 

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

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Linking to Our Website

You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon our request.

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Links to Other Websites

Our Website may from time to time contain links to third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third party websites.

Whim of Iron has no control over the legal documents and privacy practices of third party websites; you access any third party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

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Payments

You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

 

Refund and Return Policy

To the extent that you purchase any goods directly from us we may refund your purchase price within thirty (30) days of your notifying us in writing of your desire of the refund together with a reason for the request, subject to the return of the Product to us in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as found on our Website.  
 

Termination of Membership

Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms of Use. On termination you will stop representing yourself as a registered Member or Client. You must delete or destroy any information or content (including all copies) obtained from our Website. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.

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Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.

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Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

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Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms of Use, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms of Use and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms of Use, you can choose to discontinue the use of our Website, Services, and Products.

Copyright © Orion Systems. This document nor any portion may not be copied or duplicated without a license from http://www.DisclaimerTemplate.com

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Privacy Policy - Whim of Iron

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Whim of Iron
mail. 825 College Blvd., S/102-526

Oceanside, CA 92057

email: barbara.mcdonald@whimofiron.com -- cell: 1-760-278-1258

email: john.mcdonald@whimofiron.com --- cell: 1-760-278-1248

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Effective Date: 5-15-17                Policy Version: 2.1

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This document governs the privacy policy of our website www.whimofiron.com. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.

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Definitions

‘Nonpersonal Information’ (NPI) is information that is in no way personally identifiable and which is obtained automatically when you access our website with a web browser. ‘Personally Identifiable Information’ (PII) is not publicly displayed information that is personally identifiable to you and obtained for us to provide you with a product or service. PII may include information such as your name, address, phone number, credit card information, and other related information that you provide to us.

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Your Personal Information (PII)
Our Privacy Policy tells you what PII we may collect from you, how we may share your PII, and how you can limit our sharing of your PII.

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Information We Collect

Generally you control the amount and type of information you provide to us when using our website. If you register as a member to use our website, you must provide PII in order for us to provide you with various features and/or functionality of our website. As a member we collect your PII in the following ways:

At Member Registration

When you register for membership, we collect your name and email address {and other information listed}. 
 

When Buying Products or Services

If you buy products or services from us, we collect your name, email address, physical address, credit card information, phone number {and other information listed}. 

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Online Forms

There may be online forms used on our website. The information you enter into these online forms may contain PII.  
 

Mobile Application

If you use our mobile application, you may have to provide PII in order to use it.
 

Premium Features

Our website may offer premium features for the use of which you must pay. If we were to charge you for the use of these premium features, we would need to collect payment source information (such as a credit card) to bill you for using such premium features.

Cookies

Our website uses cookies. A cookie is a small piece of data or text file stored in your computer or mobile device by your web browser. Cookies may contain text that can be read by a web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer; however, it may contain other information as well.
 

By agreeing to accept our use of cookies you are giving us permission to place some or all the cookies described below on your device.

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We may use cookies for:

• Identifying the areas of our website that you have visited

• Signing in and identifying you as a member or user of our website

• Personalizing content that you see on our website

• Our website analytics

• Remarketing our products or services to you

• Navigating our website

• Remembering your preferences and settings

• Storing your preferences across different websites

• Targeted advertising or affiliate marketing

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Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.

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Web Beacons

We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us understand the behavior of our customers and visitors. Our web beacons are not used to track your activity outside our website.
 

Automatic Information

We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website to which you’ll go when you leave our website. This information also includes the IP address of your computer/proxy server that you use to access the Internet, your Internet service provider’s name, web browser type, type of mobile device, and computer operating system. We use all this information to analyze trends among our users to help improve our website.
 

Google Ad and Content Network Privacy Policy

Third-party vendors, including Google, use cookies to serve ads based on a user's past visits to our website. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our site and/or other sites on the Internet. Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting http://www.aboutads.info/choices/
 

Google Analytics Privacy Policy

Our website may use Google Analytics to collect information about the use of our site. Google Analytics collects information such as how often users visit our site, what pages they visit, and what other sites they used prior to coming to our site. We use the information we get from Google Analytics to improve our site. Google Analytics collects only the IP address assigned to you on the date you visit our site, not your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to our site is restricted by the Google Analytics Terms of Use. http://www.google.com/analytics/terms/us.html.

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You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. https://tools.google.com/dlpage/gaoptout

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Google Remarketing

Our website uses a remarketing advertising service. Our remarketing service is provided by Google and other companies that show our ads on websites across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit their site and buy a computer by showing you their ads again on other websites that you visit. We use remarketing for similar purposes. For this to happen, Google will read a cookie that is already in your browser. This can only happen if your browser is set to let it happen. You can opt out of Google’s use of cookies by visiting: http://bit.ly/1RhhBQZ

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Facebook Remarketing

Why am I seeing ads by for products I’ve viewed?

Our website uses a remarketing advertising service. Our remarketing service is provided by Facebook. With remarketing, you may see ads for our products you have previously looked at when you use Facebook. For this to happen, Facebook uses a Custom Audience Pixel that is activated when a visitor lands on web page and a unique “cookie” is placed in their browser.

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How Your Information Is Used
 

We use the information we receive from you as follows:
 

• Provide our products and services

• Personalize and customize content

• Make improvements to our website

• Contact you with updates to our website

• Resolve problems and disputes

• Contact you with marketing and advertising
  that we believe may be of interest

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Communications and emails

When we communicate with you about our website, we will use the email address you provided when registering as a member. We may also send you alerts regarding your use of our website. We may also send you emails with promotional information about our website or offers from us or our affiliates, unless you have opted out of receiving such information. You can change contact preferences at any time through your account or by contacting us.
 

Sharing information with affiliates and other third parties

We do not sell, rent, or otherwise provide your PII to third parties for marketing purposes.  However, we may use your nonpersonal information for data aggregation purposes which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PII. We may provide your PII to affiliates who provide services with regards to our website (such as payment processors, shipping companies, United States Postal Service and other service providers.)
 

Community discussion boards

Our website may offer the capability for users to communicate with each other through online community discussion boards. We do not filter or monitor what is posted on such discussion boards. If you choose to post on these discussion boards, you should use care when exposing any PII as such information is not protected by our privacy policy nor are we liable should you choose to disclose your PII through such postings.
 

Legally required releases of information

We may be legally required to disclose your PII if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties, including you and/or other members; (e) necessary to protect the legal rights, personal/real property, or personal safety of Whim of Iron, users, employees, and affiliates.
 

Disclosures to successors

If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PII to the new business. The new business would retain the right to use your PII according to the terms of this privacy policy as well as to any changes to this privacy policy as instituted by the new business.

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Protecting the privacy rights of third parties

If any postings you make to our website contain information about third parties, you need to make sure that you have permission to include them in your posting. While we are not legally liable for the actions of our users, we will remove any postings for which we are notified that such postings violate the privacy rights of others.

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Retaining and Destroying Your Personal Information 

We retain information we collect from you (including PII) for only as long as we need such information for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it.

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Changing and Requesting Your Personal Information

You can change or update your PII using facilities found on our website. If you need assistance with updating your PII or removing yourself from our mailing lists, send us an email with your request or contact us using our contact information found on our website. You may also request the type of personal information we have collected from you that is stored in electronic or paper format by Whim of Iron.

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Opting out of sharing information

You can always opt-out of future unaffiliated third-party disclosures of your information. Such opt out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates, (ii) disclosures to third-party service providers who provide certain services for our business, such as credit card processing, computer system services, shipping, data management, or promotional services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments or otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept.

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Do Not Track Settings

Some web browsers have settings that enable you to request that our website does not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.

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Links to Other Websites

Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy policy. These websites will likely have their own privacy policies. We have no responsibility for these websites and provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy policies of these websites to see how they treat your personal information.

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Protecting Children’s Privacy

We follow the Children’s Online Privacy Protection Act (COPPA). Even though our website is not designed for use by anyone under the age of 18 (child), we realize that a child may attempt to access our website. We do not knowingly collect PII from a child under the age of 18. If you are a parent or guardian and believe that your child is using our website, please contact us. We may ask for proof of identification before we remove any information to prevent malicious removal of account information. If we discover on our own that a child is accessing our website, we will delete the information soon after we discover it. You acknowledge that we do not verify the age of our users nor have any liability to do so.

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Our Email Policy

You can always opt out of receipt of further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business.

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Our Security Policy

We have taken steps to build our website using industry-standard encryption and authentication tools to protect the security of your PII. When we collect your PII through our website, we will encrypt your PII before it travels over the Internet using industry-standard technology for conducting secure online transactions. We also use technologies such as secure routers and firewalls to protect your PII. Unfortunately we cannot fully guarantee secure data transmission over the Internet because of its nature. 

Once we receive your PII, we have security measures in place to protect against the loss or misuse of your PII, though again we cannot fully guarantee against such loss or misuse. We strongly urge you to protect any password you may have for our website and not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing a computer with someone else or are using a computer in a public place.

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Use of Credit Cards

You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over these services. We use our commercially reasonable efforts to make sure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.

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International Data Transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy. Personal information that you publish on our website or submit for publication on our website may be available via the Internet around the world. We cannot prevent the use or misuse of such information by others. You hereby agree to the transfers of personal information described within this section.

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Changes to Our Privacy Policy

We reserve the right to change this privacy policy at any time. If our company decides to change this privacy policy, we will post those changes on our website so our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PII in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email address on file in your account). Otherwise we will use and disclose our users’ and customers’ PII in agreement with the privacy policy that was in effect when their information was collected. In all cases your continued use of our website, services, and products after any change to this privacy policy will constitute your acceptance of such change.

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Questions About Our Privacy Policy

If you have any questions about our privacy policy, please contact us using our contact information found at the top of this policy or on our website.

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