|Privacy Notice & Conditions of Use
Our Commitment to Privacy - The Collection and Use of Personal Information
All of the information we compile on our web site is considered confidential. This information is protected by user names and passwords. This information includes any information that may be used to identify you, such as, your name, title, phone number, email address, or mailing address. You should keep your user name and password confidential.
Credit card charges are processed through a third party service. We never see or have access to the credit card information of any of our customers. This third party credit card processor utilizes the most current security measures to keep your information safe and secure.
In general, you can browse our web site without giving us any personal information. We use numerous best of breed applications, to analyze traffic to this web site in order to understand our customers and visitors needs and to continually improve our site for them. Our applications collect only anonymous, aggregate statistics. For example, we do not tie orders to a specific IP address.
If you want to subscribe to one of our newsletters, we ask you to simply provide your email address. In that case, we use your email address only in connection with providing you the newsletter and for no other purpose.
Placing an order requires you to register with BeAnEncouragement.com. As part of the registration process, we collect additional personal information. We use that information for several general purposes: to tell you about products, seminars and services if you so request; to fulfill your order; to contact you if we need to obtain or provide additional information; to verify the accuracy of our records; or to contact you regarding customer satisfaction surveys.
The Information We Collect - Disclosure of Personal Information
The types of personal information collected at these pages are primarily focused upon a newsletter subscription or product purchase. For example, Name, Address Phone number, gift recipientís name(s).
On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the gift recipient, you will need to submit the recipients address. In this circumstance, the types of information collected are: name, shipping address, phone number.
The Way We Use Information.
We use the information you provide about yourself when placing an order only to complete that order. We do not share that information with outside parties except to the extent necessary to complete that order. We offer gift cards which you can purchase for another person. The information you provide to create a gift card is only used for that purpose, and is only disclosed to the person receiving the gift.
We use return email addresses to answer email we receive. Such addresses are not used for any other purposes and are not shared with outside parties. You can register with our website if you would like to receive our catalog, newsletter as well as our new products, resource updates and services. Information you submit will not be used for this purpose unless you complete the registration process.
Your Consent - By using our web site and providing us with your personal data, you consent to this transfer of your personal data.
If you have any questions or concerns about our collection, use or disclosure of your personal information, please email us at firstname.lastname@example.org. For more information about this site or your visit, please email us at email@example.com.
BeAnEncouragement.com may also disclose your personal information if required to do so by law or in the good faith belief that such action is necessary in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of a business of BeAnEncouragement.com and/or its subsidiaries or to (1) conform to legal requirements or comply with legal process served; (2) protect and defend the rights or property of BeAnEncouragement.com and this web site; (3) enforce its agreements with you, or (4) act in urgent circumstances to protect personal safety or the public.
Children and Privacy
Protecting the privacy of the very young is crucial, and especially important For that reason we never collect or maintain any verified information at our website from anyone that we actually know is under 18. BeAnEncouragement.com does not knowingly solicit personal information from children under the age of 18.
A cookie is a small text file containing information that a web site transfers to your computers hard disk for record-keeping purposes. Cookies allow us to analyze our site traffic patterns and to provide a user-friendly registration and log-in process. A cookie can not give us access to your computer or to information beyond what you provide to us. Most web browsers automatically accept cookies; consult your browsers manual or online help if you want information on restricting or disabling the browsers handling of cookies. If you disable cookies, you can still view the publicly available information on our web site, but you will not be able to take advantage of offers or activities requiring an account, which includes online sales. If are using a shared computer and you have cookies turned on, be sure to log off when you finish.
Individuals may opt-out of receiving future marketing e-mailings at any time. Because emails are necessary to adequately provide our services, customers cannot opt-out of receiving administrative communications related to their accounts. Such e-mail may include confirmation of a registration or purchase or communication during the sales or support process.
Links to Other Web Sites
How you can access or correct your information
You can access all of your identifiable information that we collect online and maintain by logging into your account. You can remove your or correct factual errors in your personally identifiable information by sending us a request that credibly demonstrates errors. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
Conditions of Use
We provide services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Please review our privacy notice which also governs your visit to our website, to understand our practices.
When you visit the Web Store of BeAnEncouragement.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images and digital downloads is the property of BeAnEncouragement.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BeAnEncouragement.com and protected by U.S. and international copyright laws.
The BeAnEncouragement.com trademarks and trade dress may not be used in connection with any product or service that is not BeAnEncouragement.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BeAnEncouragement.com. All other trademarks not owned by BeAnEncouragement.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BeAnEncouragement.com or its subsidiaries.
LICENSE AND SITE ACCESS
BeAnEncouragement.com grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BeAnEncouragement.com. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BeAnEncouragement.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BeAnEncouragement.com and our associates without express written consent. You may not use any meta tags or any other ":hidden text": utilizing the BeAnEncouragement.com name or trademarks without the express written consent of BeAnEncouragement.com. Any unauthorized use terminates the permission or license granted by BeAnEncouragement.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BeAnEncouragement.com so long as the link does not portray BeAnEncouragement.com, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BeAnEncouragement.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. BeAnEncouragement.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam.": You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BeAnEncouragement.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BeAnEncouragement.com and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BeAnEncouragement.com and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify BeAnEncouragement.com or its associates for all claims resulting from content you supply. BeAnEncouragement.com has the right but not the obligation to monitor and edit or remove any activity or content. BeAnEncouragement.com takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from BeAnEncouragement.com are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
BeAnEncouragement.com and its associates attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BeAnEncouragement.com is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BEANENCOURAGEMENT.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. BEANENCOURAGEMENT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEANENCOURAGEMENT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEANENCOURAGEMENT.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BEANENCOURAGEMENT.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEANENCOURAGEMENT.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the Web Store of BeAnEncouragement.com, you agree that the laws of the state of Tennessee, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the BeAnEncouragement.com or its associates.
Any dispute relating in any way to your visit to the Web Store of BeAnEncouragement.com or to products you purchase through the store shall be submitted to confidential arbitration in Tennessee, except that, to the extent you have in any manner violated or threatened to violate BeAnEncouragement.coms intellectual property rights, BeAnEncouragement.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to the Web Store of BeAnEncouragement.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.