PRIVACY POLICY of JESSETYLERFERGUSON.COM
Thank you for visiting our Web site. We are committed to respecting and protecting the privacy of visitors to our <jessetylerferguson.com> Web site as well as the privacy of users of our Site. As part of our commitment to protecting your privacy online, we have written this policy to help you understand how we gather information about users of our Site, how we use the information we gather and what steps we take to protect the information you share with us. In the following, terms such as “we,” “us,” and “the site” refer to www.jessetylerferguson.com.
YOUR ACCEPTANCE OF THIS POLICY
By using our Web site, you signify your acceptance without modification of our Privacy Policy. If you do not agree to this policy, please do not use our Site.
INFORMATION COLLECTION & USE
Registration
In order to use this Web site, we do not require you to complete a registration form, and we do not issue a user name or password. If we initiate a registration system in the future, we will amend this Privacy Policy to notify you of our policies regarding any information collected during a registration process.
PROFILE
We may store information that we collect through cookies, log files, clear gifs, and/or third party sources to create a “profile” of your preferences. We may tie your personally identifiable information, and your purchasing history, to information in the profile, in order to provide tailored promotions and marketing offers and to improve the content of the site for you.
AGGREGATE INFORMATION (NON-PERSONALLY IDENTIFIABLE)
We may share aggregated demographic information about our user base with our partners and advertisers. This information does not identify individual users.
We do not link aggregate user data with personally identifiable information.
Personally Identifiable Information
We do not share Personally Identifiable Information with third parties. You provide Personally Identifiable Information with a third party service provider when you place an order. However, we do not share any of that information with other third parties.
LEGAL DISCLAIMER
We reserve the right to disclose your Personally Identifiable Information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Web site.
LOG FILES
As is true of most Web sites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.
COOKIES
A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site.
We may use session ID cookies and/or persistent cookies. We may use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.
Persistent cookies may also enable us to track and target the interests of our users to enhance the experience on our site.
This privacy statement covers the use of cookies by jessetylerferguson.com only and does not cover the use of cookies by any advertisers or third parties. See the website of any third party to which our site links for information about their use of cookies.
Users may customize their browsers to not accept cookies. If you choose to not have your browser accept cookies from our Web site, you will still be able to view the text on our Web pages. However, without "cookies" enabled, users will not be able to experience personalized visits to the our Site or subscribe to any service offerings on our Site.
LINKS TO OTHER SITES
This Privacy Policy applies to our Web site only. For your convenience, however, our Web site may contain links to other sites over which we have no control. If you use these links, you will connect to another site that we do not control. These other sites may place their own cookies or other files on your computer, collect data about you or solicit personal information about you. We do not assume responsibility for any of these sites, their content, or the information they collect. We do not endorse or make any representations about them or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these third-party sites, you do so at your own risk. You should carefully review the privacy policies of these sites before providing any personal information to them.
SECURITY
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Please note that information sent to us by any means other than one of the built-in forms on our Site will not necessarily be sent through an encrypted or secured location. Furthermore, it is commonly known that information transferred over the Internet is never 100% secure. Although we endeavor to protect the privacy of information you have shared with us, you acknowledge and agree that there are security and confidentiality risks associated with the Internet which are beyond our control and that the safekeeping of information exchanged between us over the Internet cannot be absolutely guaranteed.
If you have any questions about security on our Web site, you can email us at hello@jessetylerferguson.com.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our Web site, products and services are all directed to people who are at least 13 years old or older. If you believe gwenrestaurant.com has any information from or about anyone under 13, please contact us at the address listed below.
ONLINE PRIVACY POLICY ONLY
This online privacy policy applies only to information collected through our website and not to information collected offline.
CHANGES IN THIS PRIVACY STATEMENT
If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.
CONTACT US
If you have any questions or suggestions regarding our privacy policy, please contact us at: hello@jessetylerferguson.com
TERMS OF SERVICE for JESSETYLERFERGUSON.COM
Thank you for visiting WWW.JESSETYLERFERGUSON.COM. These Terms of Service govern your use of WWW.JESSETYLERFERGUSON.COM. Your use of our site signifies that you have read and agreed to these Terms of Service and our Privacy Policy. When you use our Web site, you accept these Terms, including any changes that we make from time to time. If you do not agree to the Terms, please do not use our Site or download any materials from our Site. While we hope it never happens, we reserve the right to deny access to the site to anyone who violates these Terms of Service.
INTELLECTUAL PROPERTY
All copyrights, trademarks, service marks, intellectual property as well as the graphics, text, software, video, contents and other proprietary materials (collectively, the "Content") displayed on, transmitted through, or used in connection with JESSETYLERFERGUSON.COM is owned by Jesse Tyler Ferguson ("Mr. Ferguson") and/or his affiliated companies, licensors and suppliers. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.
You may not incorporate the Content in any database, compilation, archive or cache, or republish any portion of the Content on any Internet, Intranet or extranet site. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not archive, modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without permission.
LINKING TO JESSETYLERFERGUSON.COM
You acknowledge, consent and agree that JESSETYLERFERGUSON.COM may preserve and disclose information about your use of the site if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with legal process, such as a court order, search warrant, or subpoena; (2) to enforce the terms of this Terms of Service; (3) to protect the rights or property of JESSETYLERFERGUSON.COM, Mr. Ferguson, and/or their third party suppliers and licensors; and/or (4) in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.
UNSOLICITED MATERIAL AND IDEAS
JESSETYLERFERGUSON.COM and Mr. Ferguson are not responsible for the similarity of any of content or programming in any media to materials or ideas provided to JESSETYLERFERGUSON.COM. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against JESSETYLERFERGUSON.COM, Mr. Ferguson and/or their affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
POSTINGS
JESSETYLERFERGUSON.COM and Mr. Ferguson are under no obligation to monitor any posting or transmission to or about our site and assumes no responsibility or liability arising from the content of any such posting or transmission nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein or related thereto. You agree that you will not use our Web sites or their content to take any of the following actions: (1) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of JESSETYLERFERGUSON.COM, Mr. Ferguson or any other person or entity; (2) publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; (3) transmit executable programming or corrupted files of any kind, including viruses, malware, spyware, Trojan Horses, Easter Eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Web site, software or hardware, third party Web sites or telecommunications equipment; (4) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material; (5) restrict or inhibit any other user from using and enjoying any public area within our Web site; (6) collect or store personal information about other end users; (7) interfere with or disrupt our Web site, servers, or networks; (8) impersonate any person or entity, including, but not limited to, an JESSETYLERFERGUSON.COM and/or Mr. Ferguson representative and/or Mr. Ferguson, or falsely state or otherwise misrepresent your affiliation with a person or entity; (9) forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Web site or to manipulate your presence on our Site; (10) take any action that imposes an unreasonably or disproportionately large load on our infrastructure; (11) send or post spam or other direct marketing communications or postings; (12) transmit or link to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (13) post submissions or use the Site in such a way that damages the image or rights of JESSETYLERFERGUSON.COM and/or Mr. Ferguson, other end users, or third parties; (14) transmit information that infringes any trademark, patent, copyright or other intellectual property right of any third party; or (15) engage in any illegal activities. JESSETYLERFERGUSON.COM and/or Mr. Ferguson will fully cooperate with any law enforcement authorities or court order requesting or directing JESSETYLERFERGUSON.COM and/or Mr. Ferguson to disclose the identity of anyone posting any such information or materials.
SUBMISSIONS
Material you send to us or post anywhere on our site, including without limitation, text, artwork, graphics, photos, music or software may be used by JESSETYLERFERGUSON.COM, Mr. Ferguson or their affiliates throughout the world in perpetuity for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and sublicensing, and may be modified to enable any such use. Furthermore, you acknowledge that JESSETYLERFERGUSON.COM and Mr. Ferguson are free to use any ideas, concepts, know-how, or techniques contained in any communication that you send to or post on our site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
While JESSETYLERFERGUSON.COM and Mr. Ferguson use reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. JESSETYLERFERGUSON.COM and Mr. Ferguson do not represent or warrant that use of any Content will not infringe rights of third parties. JESSETYLERFERGUSON.COM and Mr. Ferguson have no responsibility for actions of third parties or for content provided by others.
USE OF JESSETYLERFERGUSON.COM IS AT YOUR OWN RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER JESSETYLERFERGUSON.COM, MR. FERGUSON, NOR ANY OF THEIR AFFILIATED OR RELATED COMPANIES, NOR ANY OF THE EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OF ANY OF THEM, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING JESSETYLERFERGUSON.COM, THE CONTENT, ANY ADVERTISING MATERIAL, INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH JESSETYLERFERGUSON.COM, AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF JESSETYLERFERGUSON.COM OR SUCH CONTENT OR SERVICES. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES JESSETYLERFERGUSON.COM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. JESSETYLERFERGUSON.COM AND MR. FERGUSON AND THEIR AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
JESSETYLERFERGUSON.COM MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. JESSETYLERFERGUSON.COM AND MR. FERGUSON DO NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH JESSETYLERFERGUSON.COM. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
IN NO EVENT SHALL JESSETYLERFERGUSON.COM, MR. FERGUSON OR THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL JESSETYLERFERGUSON.COM, MR. FERGUSON OR THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
INDEMNITY
You agree to indemnify, defend and hold harmless JESSETYLERFERGUSON.COM and Mr. Ferguson, each of their parent and affiliated companies, and each of their respective partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors and agents, and sub-licensees from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding your use of JESSETYLERFERGUSON.COM, any information you provide to JESSETYLERFERGUSON.COM and/or Mr. Ferguson, and any violation of this Terms of Service by you.
USERS OUTSIDE THE UNITED STATES
JESSETYLERFERGUSON.COM is controlled, operated and administered by JESSETYLERFERGUSON.COM and Mr. Ferguson, from offices within the United States. JESSETYLERFERGUSON.COM and Mr. Ferguson make no representation that materials or Content available through JESSETYLERFERGUSON.COM are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use JESSETYLERFERGUSON.COM or export the Content in violation of U.S. export laws and regulations. If you access JESSETYLERFERGUSON.COM from a location outside the United States, you are responsible for compliance with all applicable laws.
TERMINATION OF SERVICE
JESSETYLERFERGUSON.COM may modify, suspend, discontinue or restrict the use of any portion of JESSETYLERFERGUSON.COM, including the availability of any portion of the Content at any time, without notice or liability. JESSETYLERFERGUSON.COM and/or Mr. Ferguson, may deny access to any person at any time for any reason. In addition, JESSETYLERFERGUSON.COM and/or Mr. Ferguson may at any time transfer rights and obligations under this Terms of Service to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires JESSETYLERFERGUSON.COM or any of its assets.
MODIFICATIONS
JESSETYLERFERGUSON.COM and Mr. Ferguson reserve the right to change these Terms of Service at any time in their discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of JESSETYLERFERGUSON.COM after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use.
GOVERNING LAW
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to JESSETYLERFERGUSON.COM must be filed in a federal or state court located in Los Angeles, California.
TIME LIMIT IN WHICH TO FILE CLAIM
You agree to file any claim regarding any aspect of this site or these Terms of Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
SEVERABILITY
If for any reason any provision of this Terms of Service is found unenforceable, the remainder of this Terms of Service shall continue in full force and effect.
TERMINATION AND SURVIVAL OF PROVISIONS
In the event of termination of this Terms of Service for any reason, you agree that the provisions regarding limitations on your use of Content will survive, as well as all other provisions for which survival is equitable or appropriate.
NO WAIVER
Any failure of JESSETYLERFERGUSON.COM and/or Mr. Ferguson to enforce or exercise any provision of this Terms of Service or related right shall not constitute a waiver of that right or provision.
HEADINGS
The section headings used in this Terms of Service are purely for convenience and carry with them no legal or contractual effect.
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