PRIVACY POLICY

Welcome

Thank you for visiting myersofkeswick.com and, if applicable, choosing to use our Service. We try to make our Privacy Policy easy to understand so that you know how we use your information.  This Privacy Policy, like our Terms of Service, is an integral part of using our Service, therefore you must completely agree to our Privacy Policy in order to use our Site or Service.  You must be over 18 to purchase anything from our Site or Service.

Definitions

Throughout this Privacy Policy, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Privacy Policy nonsensical: “Myers of Keswick”, “we” or “us” refers to the business which owns this website, Myers of Keswick, our Site, or our Service, depending on the context of the usage; “Service(s)” refers to the services that we provide including the ordering process and sale and delivery of our merchandise to you; “Site” refers to our website, www.myersofkeswick.com; “You” or “user” refers to you, the person who is entering into this Agreement with Myers of Keswick the owner and operator of myersofkeswick.com.

Information Collected

Identifying Information Collected by Us:

You will not be required to submit any information to browse our Site. However, when ordering from our Site and using our Service, you will be required to create an account. When creating an account we may collect your name, address, email, telephone number, and credit card information.

Non-Identifying Information:

Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.

Use of Your Information

We will never sell, transfer, share or give your personally identifying information to a third party for commercial purposes without your permission. However, you agree that we may use your information: • To enhance or improve your user experience on our Site or Service. • To share with our third party payment processor. • To process transactions between you and Myers of Keswick. • To send e-mails about our Site or respond to inquiries. • To resolve disputes between you and Myers of Keswick. Additionally, we may give your information to law enforcement if we are compelled to by a court order, if there has been a violation of any US laws or if a violation of the Terms of Service or Privacy Policy has occurred.

Accessing, Editing, and Removing Your Information

Users may in some cases be able to review and edit the personal information they have provided to us by logging into their account on the Site and editing their account. In order to make these changes simply access your account and profile. Through your account we may also allow you to opt out of our data collection practices. Although most changes in information or data collection preferences may change immediately some information may stay stored on a browser’s web cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.

Cookies

We use cookies to save your preferences, track advertisements and remember your shopping cart. For this reason, you must have cookies enabled in your browser to use our Site and Services. Please be aware that some or all of our cookies may be accessible by third parties.

Third-Parties

Myers of Keswick may post links to third-party websites on its Site, which may include information that we have no control over. When accessing a third-party site through our Site or Service, you acknowledge that you are aware that these third-party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third-party websites. Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third-parties. Myers of Keswick bears no responsibility for the information collected or used by any advertiser or third-party website. You must review their Terms of Service and Privacy to understand how their information collection practices work.

Third-Party Access to Your Information

Although you are entering into an Agreement with Myers of Keswick to disclose your information to us, we do use third-party individuals and organizations to assist us, including contractors, web hosts, and others. Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, we use a third-party payment processor to process credit card transactions and must disclose your information to process such transactions. It is therefore necessary that you grant the third-parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third-party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third-parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you. Here is a non-inclusive list of third-parties who we may share information with: Stripe.com

Security Measures

We take certain measures to enhance the security of our Site by using SSL Certificates. However, as this is the internet we make no guarantees as to the security or privacy of your information. We make every attempt to keep our website secure, but we recommend that you use anti-virus software, strong passwords, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.

Your California Privacy Rights

Myers of Keswick permits residents of the State of California to use its Service, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. Although we do not disseminate your information to third parties without permission, you must presume that we collect electronic information from all visitors. You may contact us at Agent of Myers of Keswick, 634 Hudson Street, New York, NY 10014.

International Transfer

Your information may be transferred to - and maintained on - computers located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Myers of Keswick may transfer personal information to the United States or elsewhere and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

COPPA Compliance

Please be aware that our Site and Service is only intended for persons 18 years of age and older. We do not target or collect information from people under the age of 18.

Amendments

Like our Terms of Service, we may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will place a note on our Site as to when the Privacy Policy was last modified. You must agree to the amendments as a condition of your continued use of our Site and Service. If you do not agree, you must immediately cease using our Site and Service and notify us of your refusal to agree by e-mailing us.

 

TERMS OF SERVICE

Your Acceptance

Welcome to the Terms of Service for myersofkeswick.com. This is an agreement (“Agreement”) between Myers of Keswick, the owner and operator of www.myersofkeswick.com (the “Site” and any “Services”) and you (“you” or “your” or “user(s)”), a user of the Site and Service. - This Agreement is legally binding and governs your use of our Site and Service. Throughout this Agreement, the words “Myers of Keswick,” “us,” “we,” and “our,” refer to our company, Myers of Keswick, and our website, www.myersofkeswick.com, or our Service, Myers of Keswick, as is appropriate in the context of the use of the words. By using or accessing our Site and using any of our Services, you acknowledge and agree to these terms and agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or Privacy Policy from time to time, we will notify you of these changes to our policy. Your continued use constitutes acceptance of these changes. If you do not agree to the Terms of Service or the Privacy Policy please stop using our Site and Service immediately.

User Accounts

Users who want to order from www.myersofkeswick.com will need to create an account. You may only register as yourself and must only create one account. When creating an account we will collect your name, email, address, credit card information and telephone number. You agree that your credit card information will be shared with Stripe.com our third party payment processor.

Your Responsibilities

You are responsible for your use of Myers of Keswick, and for any use of Myers of Keswick made using your username and account. 1. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity; 2. You agree not to misappropriate any of our intellectual property; 3. You agree not to violate any requirements, procedures, policies or regulations of networks connected to Myers of Keswick; 4. You agree not to collect or store personal information about other users; 5. You agree not to interfere with or disrupt Myers of Keswick; 6. You agree not to hack, spam or phish us or other users; 7. You agree to provide truthful and accurate content; 8. You agree to not violate any law or regulation and you are solely responsible for such violations; 9. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services; 10. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a third party’s website, such as by requesting its removal from a search engine; 11. You are expressly prohibited from accessing Myers of Keswick through a virtual private network or by proxy. We may suspend or revoke your access if you fail to abide by these rules or at our discretion.

Intellectual Property Rights

The design of the Myers of Keswick Service along with Myers of Keswick created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Myers of Keswick, subject to copyright and other intellectual property rights under United States, EU and foreign laws and international conventions. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given you express written permission.

Orders and Payment

All orders are subject to availability since we may not have every product in stock at all times. All photos on our Site are for illustrative purposes and some of our products may not be exactly identical. An order contract is not created until we accept and acknowledge your order. Please be aware that any statements made by our customer service representatives or salespeople are non-binding in nature. When purchasing these products you will be prompted to input your credit card information. Your credit card information will be shared with our third party payment processor Stripe.com. By purchasing anything from our Service you also agree to the terms and conditions of Stripe.com.

Shipping

At checkout you will be able to select from multiple shipping options. We ship only to Mainland US.This excludes, Alaska, Hawaii and Puerto Rico. Prices for each location may vary. Most orders will be shipped within 2-4 business days.

Taxes

You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.

Coupons and Promotions

Please be aware that we have the final discretion in awarding any promotions or coupons.

Limitations on Liability

IN NO EVENT SHALL Myers of Keswick, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PRODUCTS MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS VIA SECTION 8 OR 9 OF THIS AGREEMENT OR FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH PRODUCTS, IN ACCORDANCE WITH ANY WARRANTIES PROVIDED BY SUCH MANUFACTURERS OR SUPPLIERS. Myers of Keswick IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE.

Representations and Warranties

ASIDE FROM THE WARRANTIES MADE WITHIN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES NOT STATED WITHIN THIS AGREEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

Representations and Warranties

ASIDE FROM THE WARRANTIES MADE WITHIN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES NOT STATED WITHIN THIS AGREEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. For jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Indemnity

You agree to defend, indemnify and hold harmless Myers of Keswick, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: 1. your use of and access to the Myers of Keswick Service; 2. your violation of any term of these Terms of Service; You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

Third Party Links

We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site. Additionally, users may be able to post third party links through content submitted to our Site. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer.

Copyright Notices

We take copyright infringement very seriously, and we have registered a Registered Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains: • Your name. • The name of the party whose copyright has been infringed, if different from your name. • The name and description of the work that is being infringed. • The location on our website of the infringing copy. • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use. You must sign this notification and send it to our Copyright Agent, support@myersofkeswick.com

COPPA Compliance

Myers of Keswick and its Services may only be used by persons 18 years and older. If you are under the age of 18 please do not submit any information to us and please stop using our Site and Service immediately.

Choice of Law

This Agreement shall be governed by the laws in force in New York. The offer and acceptance of this contract is deemed to have occurred in New York.

Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to New York. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Myers of Keswick shall have the sole right to elect which provision remains in force.

Non-Waiver

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Myers of Keswick shall have the sole right to elect which provision remains in force.

Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

Termination and Cancellation

We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or your Myers of Keswick account, you are solely responsible for properly cancelling your account. Cancellation may result in the immediate deletion of your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.

California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Myers of Keswick must be addressed to our agent for Myers of Keswick, 634 Hudson Street, New York, NY  10014. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Last Modified: November 9, 2012