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Privacy Policy

Privacy Policy

Margaritaville Apparel uses its best efforts to respect the privacy and safety of its online visitors. Margaritaville Apparel has developed this Privacy Policy in order to demonstrate our firm commitment to privacy.  This Privacy Policy applies to this website (located at the URL www.MargaritavilleApparel.com) and all other webpages interconnected with such website including, without limitation, the home page, splash page, and all other pages under the same top level domain name, and all content thereon (collectively, the "Site.")

 

Personally Identifiable Information

 

Personally Identifiable Information (or Personal Information) is information that can be used to identify or contact you.  This Site will not collect personally identifiable information unless you voluntarily submit or e-mail such information.  In certain instances, this Site may request and collect certain personally identifiable information such as name, address, phone number and e-mail address through various means, such as Site registration, surveys, games, questions, comments and communications to the Site, and postings to chat and bulletin areas, if any.  For online orders, this Site will request contact information (including name and shipping address) and financial information (such as credit card number.)  This information is used for billing information and to fill customer’s orders.  To be absolutely clear, this Site will not obtain personally identifiable information about you other than that which you choose to provide, and, except as provided herein, we will not sell, rent, trade or otherwise disclose your personally identifiable information to anyone outside the Margaritaville websites.

 

Non-Personally Identifiable Information

 

We may also collect anonymous, non-personal information about you and your use of our Site or your use of e-mails, special promotions or newsletters that we send to you.  For example, we collect non-personal information about your use of our Site through the use of Cookies.  Cookies are small computer files that we transfer to your computer's hard drive that allow us to know how often someone visits this Site and the activities they conduct while on this Site (such as the chatrooms you visited, whether you submitted orders for products, etc…)  Every computer is assigned a different cookie by us.  You may, however, disallow receiving cookies at any time through your web browser.  Your browser software can be set to reject all cookies.  Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar.  If you reject our cookie, certain of the functions and conveniences of our Site may not work properly but you do not have to accept our cookie in order to productively use our Site.  We may also collect your IP (Internet Protocol) address to help diagnose problems with our server and to otherwise administer our Site.  An IP address is a number that is assigned to your computer when you use the Internet.  This information does not contain any personally identifiable information about you.  Your IP address is also used to help identify you during a particular session and to gather broad demographic data. 

 

Sharing

 

From time to time, we may share our user's contact information with our partners, affiliates or advertisers.  We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services.  These companies do not retain, share, store or use personally identifiable information for any secondary purposes.  We partner with other parties to provide specific services.  When the user signs up for these services, we will share names or other contact information that is necessary for the third parties to provide these services.  These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

 

Tell-A-Friend

 

If a user elects to use our referral service for informing a friend about this Site, we ask them for the friend's name and e-mail address.  Margaritaville Apparel will automatically send the friend a one-time e-mail inviting them to visit the Site.  Margaritaville Apparel stores this information for the sole purpose of sending this one-time e-mail.  The friend may contact Margaritaville Apparel atWebmaster@MargaritavilleApparel.com to request the removal of this information from their database.

 

Links

 

This Site contains links to other sites.  Please be aware that Margaritaville Apparel is not responsible for the privacy practices of such other sites.  We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information.  This privacy statement applies solely to information collected by this Site.

 

Security

 

We take security very seriously.  We use commercially reasonable efforts to provide for the secure transmission of your information from your PC to our servers by using encryption software.  However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and us, and us and you, will be free from unauthorized access by third parties. 

 

When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number;) that information is encrypted and is protected with the best encryption software in the industry - SSL.  While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when you are just 'surfing.'

 

While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line.  All of our users' information, not just the sensitive information mentioned above, is restricted in our offices.  Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information.  Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers' information is protected.  Finally, the servers that we store personally identifiable information on are kept in a secure environment, behind a locked cage.

 

If you have any questions about the security at our website, you can send an e-mail to Webmaster@MargaritavilleApparel.com.

 

 

Supplementation of Information

 

To enhance this Site’s ability to tailor its functions to an individual's preference, we may combine information about the purchasing habits of users with similar information from our partners to create a personalized user profile.  When a user makes a purchase the companies collect and share that purchase information with us so we can tailor the Site to our users' preferences. 

 

Special Offers

 

We send all new members a welcoming e-mail to verify password and username. Established members will occasionally receive information on products, services, special deals, and a newsletter from Margaritaville Apparel or our partners, affiliates, or advertisers. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see our choice and opt-out below.

 

Site and Service Updates

 

We also send the user site and service announcement updates.  Members are not able to unsubscribe from service announcements, which contain important information about the service.  We communicate with the user to provide requested services and in regards to issues relating to their account via e-mail or phone. 

 

Correction/Updating Personal Information

 

If a user's personally identifiable information changes, or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user's personal data provided to us.  This can usually be done at the member information page or by e-mailing our Customer Support.  (Some pages of this Site may also provide telephone or postal mail options for updating or correcting personal information.)

 

Protecting Children

 

Margaritaville Apparel takes special care to protect the safety and privacy of children.  Our Site is a general audience site.  We do not permit anyone under the age of 13 to register with us.  We also do not send e-mail correspondence to anyone who tells us that they are under the age of 13.  Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online.  We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.

 

Choice/Opt-out 

 

Our users are given the opportunity to 'opt-out' of having their information used for purposes not directly related to the Site at the point where we ask for the information.  For example, our order form has an 'opt-out' mechanism so users who buy a product from us, but don't want any marketing material, can keep their e-mail address off of our lists.

 

Users who no longer wish to receive our e-mail newsletter or promotional materials from our partners may opt-out simply by clicking the unsubscribe link at the bottom of the e-mail.  You may also unsubscribe at any time by e-mailing webmaster@MargaritavilleApparel.com.  Type UNSUBSCRIBE in the subject line.  We will update your records as soon as possible, but no later than 30 days from your request.

 

Your Acceptance of this Policy

 

By using this 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.  We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time so visitors are encouraged to review this policy from time to time.  You are responsible for regularly reviewing this Privacy Policy and additional terms posted on this Site.  Your continued use of our Site following the posting of changes to this Privacy Policy constitutes your agreement to such changes.

Terms of Use

 

Terms and Conditions

 

These Terms and Conditions apply to the website (located at the URL www.margaritavilleapparel.com) and all other web pages interconnected with such website including, without limitation, the home page, splash page, and all other pages under the same top level domain name, and all content thereon (collectively, the “Site.”)

 

This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  Your use of this Site constitutes your agreement to all such terms, conditions, and notices.  If you do not agree to these terms and conditions, do not use this Site or download any materials from this Site. Margaritaville Apparel reserves the right to change, modify or amend these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site.  You are responsible for regularly reviewing these Terms and Conditions and additional terms posted on this Site.  Your continued use of this Site constitutes your agreement to all such terms, conditions, and notices.

 

Privacy

 

See the Privacy Policy for disclosures relating to the collection and use of your personally identifiable and non-personally identifiable information.  You acknowledge and agree that you are solely responsible for the accuracy and content of any and all information you submit when using this Site.

 

Site Offerings

 

Margaritaville Apparel may make certain services available to visitors of the Site.  For example, you may be able to chat with other visitors, post comments on a bulletin board, enter a sweepstakes, download a screensaver or other software or send branded post cards or party invitations to friends (these services are collectively referred to herein with the Site as the "Site Offerings.")  Visitors are solely responsible for the user information and other content they post on and through the Site.  Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through the public portions of the Site (e.g., chat, bulletin boards, post cards, invitations), that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people.  Accordingly, visitors to and users of the Site are encouraged to exercise caution when providing personal information about themselves.  We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.  We may also impose limits on certain features of the Site or restrict your access to part, or all, of the Site without notice or penalty.

 

Ownership of Materials

 

Except as otherwise indicated, this Site and its entire contents (collectively, the "Materials") including, but not limited to, the text, information, material, software and graphics contained on this Site, are owned by Margaritaville Apparel and its affiliates.  The Materials are protected by copyright, trademark and other intellectual property laws and treaties.  Margaritaville Apparel makes no proprietary claim to any third party names, trademarks or service marks appearing on this website.  Any third party names, trademarks, and service marks are the properties of their respective owners.  Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Margaritaville Apparel’s prior written permission.  You may download one (1) copy of the Materials on a single computer only for your personal, non-commercial, internal use.  You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the materials to another person.  By posting a message or contributing in any way to this website, including, but not limited to, sending comments and e-mail, to this website, you expressly grant Margaritaville Apparel the right to use in any way, copy, republish or sell your message or other contribution as part of its property. Margaritaville Apparel reserves the right to change, update, discontinue, or restrict or prevent access to this website or the Materials at any time without notice.

 

Submissions

 

Unless specifically requested, Margaritaville Apparel does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way.  Any information or material submitted or sent to Margaritaville Apparel will be deemed not to be confidential or secret.  By submitting or sending information or other material to Margaritaville Apparel you represent and warrant that the information is original to you and that no other party has any rights to the material.  You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, (i) will forever be the exclusive property of Margaritaville Apparel, (ii) may be used by us in any manner whatsoever, and (iii) that Margaritaville Apparel is not required to provide any compensation or acknowledgement of any such submission.  You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or proprietary.

 

User Conduct

 

You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals,) invasive of another's privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.  You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material;) (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the Site.

 

No Monitoring

 

We have no obligation to monitor any content on or through the Site and we assume no obligation.  You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users.  We will not intentionally monitor or disclose any private electronic-mail message unless required by law.  We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

 

Indemnity

 

You agree to defend, indemnify and hold Margaritaville Apparel, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.

 

Termination of Access

 

MARGARITAVILLE APPAREL RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE.

 

Disclaimer Of Warranties

 

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  MARGARITAVILLE APPAREL DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES, OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT THE CONTENT WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED.  MARGARITAVILLE APPAREL MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MARGARITAVILLE APPAREL OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Limitation Of Liability

 

BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL MARGARITAVILLE APPAREL OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF MARGARITAVILLE APPAREL OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARGARITAVILLE APPAREL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL MARGARITAVILLE APPAREL BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.

 

Links to Third Party Sites

 

This website contains links to third party sites.  These links are provided for convenience purposes and are not under the control of Margaritaville Apparel or its affiliates.  Margaritaville Apparel does not make any representations and warranties, express or implied, regarding the content of any of these linked sites.  These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by Margaritaville Apparel with respect to any third party, any third party's website, the content of any third party's website, or any products or services provided by a third party.

 

Other Countries

 

We control and operate this Site from our offices in the United States of America.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Margaritaville Apparel makes no claims that the content of this Site is appropriate outside of the United States.  If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located.

 

Governing Law and Jurisdiction

 

These terms and conditions of use shall be governed by and construed in accordance with the laws of the United States of America and the State of California, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the United States or the State of California.  By using this website, you consent to the jurisdiction of the state and Federal courts of Los Angeles County, California, for any action or proceeding arising under or relating to these Terms of Use, this website or the use of, or reliance on, this website. Contact Webmaster@MargaritavilleApparel.com with questions or concerns.

 

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