Privacy policy.
Meagan Elizabeth Interiors Privacy Policy, Terms of Use, Terms of Service PRIVACY POLICY
Meagan Elizabeth Interiors respects your right to privacy. This policy summarizes what personally identifiable information Meagan Elizabeth Interiors may collect, and how Meagan Elizabeth Interiors might use this information. This policy also describes other important topics relating to your privacy.
Meagan Elizabeth Interiors will collect personally identifiable information as defined under HIPAA and HITECH (including, without limitation, name, title, company name, address, telephone number, or e-mail address) that you voluntarily provide through Meagan Elizabeth Interiors’ web site, computer application or e-mail correspondence. Meagan Elizabeth Interiors will collect general information (such as the type of browser you use, the files you request, the pages you visit, the time of day they were visited and the domain name and country from which you request information) to improve this web site and better meet your needs.
If you enter into a transaction (such as a purchase) at this website or via Meagan Elizabeth Interiors’ computer application, you will be required to provide information that is needed to complete the transaction, including your name, shipping address, product selection(s), and your payment information. Meagan Elizabeth Interiors does not keep any credit or other payment information longer than is necessary in order to comply with legal, tax, and auditing requirements. In some instances, your payment information and/or processing may be handled by a third-party provider. When this occurs, Meagan Elizabeth Interiors will never receive that information.
Other information you provide may be added to Meagan Elizabeth Interiors’ company database(s) and shared with Meagan Elizabeth Interiors’ affiliates or third parties including contractors, dealers, distributors and retailers. Meagan Elizabeth Interiors may passively collect information that is automatically sent to Meagan Elizabeth Interiors by your web browser, this application or your internet service provider or mobile carrier. This information typically includes your domain name, your user name, and your numerical IP address. The amount of information sent by your web browser depends on its settings. Please refer to your browser if you want to learn what information it sends. Meagan Elizabeth Interiors use this type of information to see which web pages you visit at our website, which website you visited before coming to this website, and where you go after you leave our website. Meagan Elizabeth Interiors can then develop statistics that help us understand how Meagan Elizabeth Interiors visitors use this web site and how Meagan Elizabeth Interiors can improve it.
Cookies
Meagan Elizabeth Interiors may actively obtain information about you by installing a marker on your computer commonly called a "cookie." Cookies enable Meagan Elizabeth Interiors to know you by a computer-generated, unique identifier. Your computer may be specially configured to reject cookies; please refer to your browser for more information.
Use of Information
The information will be used by Meagan Elizabeth Interiors to respond to your inquiries, supply you with requested information on Meagan Elizabeth Interiors’ products and services or track orders you place with us. In addition, authorized third parties may be utilized by us to collect, track and process such information. If you have submitted personal information to us electronically and would like it removed or modified, please contact Meagan Elizabeth Interiors. Meagan Elizabeth Interiors will use reasonable efforts to comply with your request, but not less than compliance with any applicable law. It may be necessary, if required by law or if pertinent to judicial or governmental investigations, to release your personally identifiable information. Although Meagan Elizabeth Interiors has taken reasonable and prudent measures to protect its computer systems from unauthorized third parties, Meagan Elizabeth Interiors IS not responsible for unauthorized dissemination or use by such third parties of your personally identifiable information.
Meagan Elizabeth Interiors may use any of the information gathered at this website (other than credit information) for any legal purpose. Meagan Elizabeth Interiors may analyze personal information for historical, statistical or scientific purposes, or Meagan Elizabeth Interiors may store the personal information for your convenience should you return to this website or Meagan Elizabeth Interiors’ computer applications in the future. In the course of any of these activities, Meagan Elizabeth Interiors may transmit any of the information Meagan Elizabeth Interiors has collected to another country or share it with Meagan Elizabeth Interiors affiliates or third parties including contractors, dealers, distributors and retailers. Whenever any personal information is transferred to an affiliate or third party, that party will be contractually bound to abide by Meagan Elizabeth Interiors’ privacy policy.
Meagan Elizabeth Interiors may also use your personal information to investigate security breaches or cooperate with government authorities pursuant to a legal matter. Personal information collected online may also be combined with information you have provided to us through other sources such as product registrations, call centers, or publicly such as at trade shows or seminars.
In addition, Meagan Elizabeth Interiors may have collected similar information from you in the past, before Meagan Elizabeth Interiors’ Privacy Policy took effect. By using this website or any Meagan Elizabeth Interiors computer application(s) you agree to the terms of this privacy policy. By agreeing to the terms of this privacy policy you are consenting to Meagan Elizabeth Interiors’ continued use of previously collected information under the terms of this privacy policy.
Children and Parents
Meagan Elizabeth Interiors does not intend to collect personally identifiable information from children without permission of the child's parent or legal guardian. Children should submit personally identifiable information to Meagan Elizabeth Interiors only with the explicit permission of their parent or legal guardian. Where appropriate, Meagan Elizabeth Interiors will instruct children not to submit personal information. If your child has submitted personal information and you would like to request that such information be removed, you may do so as indicated above, and Meagan Elizabeth Interiors will use reasonable efforts to comply with your request.
Other Important Information
This web site or computer application may contain links to other sites. Meagan Elizabeth Interiors does not endorse or otherwise accept responsibility for the content or privacy policies of those sites. Meagan Elizabeth Interiors reserves the right to modify this privacy policy at any time without notice to you. Meagan Elizabeth Interiors will promptly reflect any such modifications in these Web pages.
TERMS & USE
Important Legal Information
Meagan Elizabeth Interiors offers this web site to you subject to the following terms and conditions ("Terms"). Your use of this web site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this web site. If you have any questions about these terms, please contact us.
Intellectual Property Information
The materials on this web site are Copyright 2020 by Meagan Elizabeth Interiors and all rights are reserved. Elements of this web site (e.g., the design or layout of this web site) are protected by trade dress, trademark, unfair competition and other laws and may not be reproduced, duplicated, copied, imitated, sold or otherwise exploited in whole or in part for any purpose that is not expressly permitted by us. No logo, graphic, sound or image from this web site may be copied or retransmitted unless Meagan Elizabeth Interiors has granted you express written permission. Please note that any products, processes or technologies described in these materials may be the subject of other intellectual property rights reserved by Meagan Elizabeth Interiors and are not licensed hereunder.
You are hereby authorized to view, copy, print and distribute these materials subject to the following conditions:
The materials may be used (a) for use in the purchase and sale of products referred to at this web site by prospective customers for the benefit of Meagan Elizabeth Interiors as contemplated by or in accordance with this web site; or (b) for informational, personal, or non-commercial purposes only.
Any copy of these materials or any portion thereof must include Meagan Elizabeth Interiors’ copyright notice. Materials from this web site may not be copied or posted on any network computer or broadcast in any media.
No modifications of any materials may be made outside or beyond these specific purposes.
Meagan Elizabeth Interiors may revoke or modify any of the foregoing rights at any time.
Certain trademarks and logos on this site are Meagan Elizabeth Interiors’ trademarks or registered trademarks. Other product names mentioned herein may include the trademarks of their respective owners.
Product & Services Availability and Pricing
The prices and availability of products and services on this web site may change without notice to you at any time in Meagan Elizabeth Interiors’ sole discretion. Pricing of products and services on this web site are not the same as the identical products sold in stores.
Please see Meagan Elizabeth Interiors’ PRIVACY POLICY for general information. Meagan Elizabeth Interiors DOES NOT want to receive confidential or proprietary information from you through our web site. Any information or materials that Meagan Elizabeth Interiors receive through this web site, other than your personally identifiable information, will be deemed to be NON-CONFIDENTIAL. By transmitting to us information or materials via this web site or otherwise through electronic means, you grant to Meagan Elizabeth Interiors an unrestricted, irrevocable license to use, reproduce, display, modify, perform, transmit and distribute such information or materials, and you also agree that Meagan Elizabeth Interiors is free to use the information or materials, including any ideas, know-how, concepts or techniques contained therein free of charge for any purpose whatsoever.
Miscellaneous
Meagan Elizabeth Interiors controls and operates this web site from its headquarters in Canada and make no representation that the materials are appropriate or will be available for use in other locations. Information Meagan Elizabeth Interiors publishes on the World Wide Web may contain references or cross references to Meagan Elizabeth Interiors’ products and/or services that are not announced or available in your country. Such references do not imply that Meagan Elizabeth Interiors intends to announce such products or services in your country. Consult your local business contact for information regarding the products and services that may be available to you. Unless otherwise explicitly stated, all marketing or promotional materials found on this web site are solely directed to individuals, companies or other entities located in the Canada. If you use this web site from outside the Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
Any action related to these Terms will be governed by the law of the Government of Ontario, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the courts located in the county of Halton, Government of Ontario, for the resolution of all disputes arising from or related to these Terms and/or your use of the web site.
Meagan Elizabeth Interiors may revise these Terms at any time without notice by updating this posting. Your continued use of the web site after such modifications have been made will constitute your acceptance of such revised Terms. This web site may contain other proprietary notices and conditions of use, the terms of which must also be observed and followed.
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TERMS OF SERVICE
1. Agreement. These terms and conditions for the sale of services (“Terms”) exclusively govern the sale of the services (“Services”) by Meagan Elizabeth Interiors (hereinafter “Seller”) to you, the buyer, purchaser, or transferee the Services (“Buyer”). Seller’s acceptance of any order of Buyer is conditioned on Buyer’s assent to these Terms. Buyer must notify Seller immediately if it objects to or rejects these Terms; prior objection or rejection is ineffective. Buyer accepts these terms by authorizing or acquiescing in Seller’s commencement of performing the Services. Seller hereby expressly objects to and rejects any and all additional or different terms proposed by Buyer, irrespective of when delivered or where located, and no such different or additional terms shall form part of this contract or be binding on Seller.
1. Prices and Payments. Buyer must confirm Seller’s current prices before placing any order. All purchases shall be at Seller’s then-current pricing as listed on this web site under the PRICING AND PLANS section, or Seller may refuse such order. Buyer expressly agrees to pay for additional revisions at twenty-five dollars ($25.00 CAD) per revision if said revisions exceeds two (2). Buyer shall pay Seller upon purchase of service plan as listed on the web site. Seller may at any time require Buyer to prepay or pay cash on performance in connection with any order. Seller may, without liability to Buyer, suspend or withhold performance if Seller has reason to believe that Buyer’s credit or ability to pay is impaired and Buyer fails to provide adequate assurance to Seller’s satisfaction. All payments shall be made in Canadian Dollars. Payment shall be delivered as specified by Seller. Seller shall have the right to set off against any monies due Seller hereunder. Seller shall have all remedies available to Seller under this contract, by law, and/or equity.
1. Taxes. All prices are exclusive of all applicable sales, use, and excise taxes, and any other taxes, duties, tariffs, and charges of any kind imposed by any governmental authority on any amounts payable by Buyer. To the extent legally permissible, all present and future taxes imposed by any federal, state or local authority of any country which Seller may be required to pay or collect, upon or with reference to the sale, purchase, transportation, delivery, storage, use or consumption of the Services, including taxes upon or measured by the receipts therefrom shall be for the account of Buyer. Buyer shall promptly reimburse Seller for any taxes paid or withheld on Buyer’s behalf, and Buyer shall hold Seller harmless for any and all costs, penalties, or interest that may be imposed relative to Buyer’s taxes by any government authority.
1. Shipment & Delivery. All delivery shall be via electronic means, i.e. third party electronic mail provider. Buyer acknowledges and agrees that Seller does not possess an encryption or security drive for delivery of final Services or design deliverables. Therefore, in the event of a breach of electronic mail or other electronic system, Seller shall incur no liability whatsoever regarding such breach.
1. Variation. Buyer expressly acknowledges and understands that Seller uses commercially reasonable efforts to model real products or design items as closely as possible in each design rendered; provided, however, the final design deliverable may not contain exact proportions, colors, styles, and the like as the real item. In no event shall Seller be required to meet an exact replication of an existing or custom-made item in its final design deliverable presented to Buyer.
1. Intellectual Property. All right, title, and interest in and to all intellectual property rights in the Services are and shall remain the exclusive property of Seller. All Services, including any final design deliverable, may be used in Seller’s marketing materials, including, without limitation, on Seller’s web site, magazines, third party advertising paraphernalia, social media and the like. No Services are performed as works made for hire. Seller extends to Buyer only such rights in and to the Services as are minimally necessary to enjoy the Services as delivered by Seller. Buyer shall indemnify Seller with respect to any claim that the Services infringe the intellectual property rights of a third party to the extent any such claim arises out of or relates to Seller’s compliance with instructions or specifications furnished by Buyer.
1. Limited Warranty; Disclaimers.
1. Seller warrants that the Services will be performed in a workmanlike manner and that all final design deliverables will be provided on an AS IS basis. Claims for non-conforming Services must be made within ten (10) days of receipt of the final design deliverable or all such claims shall be deemed waived.
1. OTHER THAN THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 7(A), SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL STATEMENT OF ANY SELLER PERSONNEL, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SHALL OPERATE TO MODIFY THE LIMITED WARRANTIES AND DISCLAIMER SET FORTH HEREIN. SELLER MAKES NO WARRANTY REGARDING THIRD PARTY PRODUCTS SUGGESTED FO RUSE, WHICH ARE PROVIDED “AS IS.”
1. Limited Remedies; Limitation of Liability.
1. Limitation of Liability. Seller’s maximum liability for any direct damages for any claim in the aggregate shall be limited to the monies paid for the individual design in which the claim arose. The foregoing limitation shall be Buyer’s sole and exclusive remedy for any and all claims, arising out of any theory of law, including tort and negligence.
1. Waiver of Indirect Damages. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED TO BUYER, WHETHER ARISING UNDER ANY THEORY OF LAW, INCLUDING TORT AND NEGLIGENCE, AND WHETHER OR NOT SELLER OR ITS PERSONNEL KNEW OF THE POSSIBILITY OF SUCH DAMAGES.
1. Waiver of Structural Liability. BUYER EXPRESSLY ACKNOWLEGES AND AGREES THAT SELLER IS AN INTERIOR DECORATOR AND STYLIST. AS SUCH, BUYER RECOGNIZES AND AGREES THAT IN NO EVENT SHALL SELLER BE LIABLE FOR ANY AND ALL DAMAGES ARISING OUT OF THE USE OF THE FINAL DESIGN DELIVERABLE THAT MAY CHANGE, MODIFY OR COMPROMISE THE STRUCTURAL INTEGRITY OF BUYER’S PROPERTY, INCLUDING, WITHOUT LIMITATION, BUYER’S HOME, PLACE OF BUSINESS, OR BUILDING DESIGNED BY SELLER. BUYER ACKNOWLEDGES THAT SELLER IS NOT A LICENSED CONTRACTOR, ARCHITECT OR ENGINEER, AND BUYER SHOULD SEEK AN OPINION OF A LICENSED CONTRACTOR OR STRUCTURAL ENGINEER PRIOR TO BEGINNING ANY REMODEL, RENOVATION, OR CONSTRUCTION ON BUYER’S PROPERTY. SELLER ACCEPTS NO LIABILITY WHATSOEVER IN STRUCTURAL FAILURES OR DEFECTS OF BUYER.
1. Use of Name. Seller may use Buyer’s or Buyer’s business’ name and/or provided photographs on any first or third party marketing materials without prior written notice from Buyer.
1. Choice of Law; Jurisdiction. Any and all claims and liabilities shall be governed by the laws Ontario, Canada, without regard to any conflicts of law issues. Any and all claims shall be fined in Ontario, Canada and governed by such county, province and federal law located in that district.
1. Waiver. Waiver by Seller of any breach of these provisions shall not be construed as a waiver of any other breach. Waiver by Seller of any section of these provisions shall not be constructed as a waiver of the entire agreement.
1. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.