TERMS & CONDITIONS

Terms and Conditions

 

Agreement

Please read these Terms of Use carefully before using this web site or any other web sites owned and operated by Marea Anderson Designs., Inc. (“Marea Anderson Designs” or “we” or similar terms) including but not limited to www.mareaanderson.com (the “Website” or “Site”). These Terms of Use represent a contract between you and Marea Anderson Designs, and your use of this Website constitutes your agreement to be bound by all terms. If you disagree with one or more of these terms or find them unacceptable in any way, please do not enter or use our Website. Any rights not expressly granted herein are reserved to Marea Anderson Designs. Any violation of these Terms and Conditions may lead to denial of access to the Website as well as any other applicable legal remedy. If you do not agree to these Terms and Conditions you must not use this Website. All visitors to or users of this Website are referred to as “users,” “you,” or similar terms.

 

Updates and Changes

We reserve the right to modify these Terms and Conditions, as well as our Privacy Policy, at any time. Such changes, including retroactive changes, are effective once posted on this or a similar page of our Website. This entire Site, specific pages or features of this Website may be discontinued or changed without notice.

 

Last Update

These Terms and Conditions were last updated on September 19, 2018.

 

Access

You agree that you will not attempt to access any restricted or secure portion of this Site to which you have not specifically been granted access.

 

Comply with Laws

Users must comply with all applicable laws and regulations.

Term and Termination. This Agreement begins on the date you first access this Website, and continues for a term of one (1) year, after which this Agreement automatically renews for additional terms of one (1) year each. This Agreement automatically terminates if you breach any term of the Agreement, or immediately upon notice from Marea Anderson Designs, which may terminate this Agreement at any time, for any reason or no reason. When this Agreement terminates, you agree to immediately stop using or accessing this Site and to destroy all copies of content or information from this Site. All terms which by their nature at intended to survive expiration or termination of this Agreement do survive.

 

Copyrights and Trademarks

All content, materials, images and other items on or accessed directly through this Website (collectively, the “Content”) belong to Marea Anderson Designs, its third party licensors, or clients. You may download or print one copy of the Content on this Website, but only for your personal, noncommercial use. When you download or print a copy of the Content, you must also include all copyright and other notices that are in the Content, including the copyright notice on the bottom of the page. The Content is protected by United States and foreign copyright laws. If you use the Content in a way that is not clearly allowed by these Terms and Conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your license to use the Content and you must immediately destroy any copies you have made. All right, title, and interest in and to the Content remains with Marea Anderson Designs or our third party licensors. All rights not expressly granted are reserved.

 

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Marea Anderson Designs infringe your copyright, you, or your agent may send Marea Anderson Designs a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Marea Anderson Designs actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Marea Anderson Designs a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

 

If you believe that any other person using this Website has violated any terms in this Agreement, please notify us immediately, specifically identifying the conduct or materials at issue.  Please contact us using the contact information provided below.

 

User Postings, Messages, and Chat; Privacy Policy. The Website, or other communications to you from us such as email, may provide you with the opportunity to answer questions, post comments, feedback, other messages, or the opportunity to communicate with Marea Anderson Designs. All such communications provided by you on or through this Website, or sent to us by email, mail, or other means (collectively, “Postings and Messages”) may be used by us in the operation of our business, subject to the limitations and protections described in detail in our Privacy Policy. You hereby grant Marea Anderson Designs a perpetual, worldwide, royalty-free, unrestricted, irrevocable license to use, reproduce, display, perform, modify, create derivative or collective works, transmit and distribute your Postings and Messages, and agree that Marea Anderson Designs is free to use such Postings and Messages for any purpose and in any medium. You further grant Marea Anderson Designs the right to sublicense or assign any of the foregoing rights to others.  Marea Anderson Designs has the right, but not the duty, to delete any Postings and Messages for any reason, including without limitation if it deems in its sole discretion that the Postings and Messages are inappropriate or offensive.

 

Communication with You

You agree that we may communicate with you, by email or any other method or contact information you have provided to us.

 

Privacy and Security

You understand and agree that we will handle information as described in the Privacy Policy, as it may be modified from time to time. However, we can not and do not guarantee absolute security, and we are not responsible for any illegal acts of third parties including hacking or similar activities.

 

LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER MAREA ANDERSON DESIGNS, NOR ANY PERSON OR COMPANY ASSOCIATED WITH MAREA ANDERSON DESIGNS, INCLUDING CLIENTS OR THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COVERED ENTITIES”) SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS ON THIS WEBSITE. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.  THE TOTAL AGGREGATE LIABILITY OF COVERED ENTITIES FOR LOSSES, DAMAGES, OR CLAIMS OF ANY KIND SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $ 1.00 (ONE DOLLAR). THIS LIMITATION FAIRLY REFLECTS THE FACT THAT MAREA ANDERSON DESIGNS DOES NOT CHARGE FOR ACCESS TO VIEW THE CONTENT OF THE WEBSITE.  THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE COVERED ENTITIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE WEB SITE OR MATERIALS ARE EXCLUDED EVEN IF THE COVERED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

NO WARRANTY

ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MAREA ANDERSON DESIGNS MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE OR LINKED TO BY THE WEBSITE IS AT YOUR SOLE RISK. MAREA ANDERSON DESIGNS MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE OR FROM LINKED WEBSITES IS FREE OF VIRUSES OR SIMILAR DESTRUCTIVE PROGRAMS. SOME LINKS IN THE SITE MAY LET YOU LEAVE THE MAREA ANDERSON DESIGNS SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MAREA ANDERSON DESIGNS AND MAREA ANDERSON DESIGNS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MAREA ANDERSON DESIGNS OF THE LINKED SITE. YOU AGREE THAT MAREA ANDERSON DESIGNS SHALL NOT BE LIABLE FOR ANY CLAIM OR DAMAGES RELATED TO ANY LOSS, DESTRUCTION, OR ALTERATION OF DATA RELATED TO YOUR USE OF THE WEBSITE. THE FOREGOING DISCLAIMER INCLUDES BUT IS NOT LIMITED TO RELIANCE BY YOU OR ANY THIRD PARTY ON ANY CONTENT OR INFORMATION OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY DAMAGE OR HARM RESULTING FROM ANY MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE WEBSITE, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE FOREGOING EXCLUSION OF CERTAIN WARRANTIES, AND THEREFORE SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

 

Indemnity

You agree to indemnify, defend and hold the Covered Entities described above harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against any of the Covered Entities alleging or arising from or related to your use of the Website or any breach of these Terms of Use by you. This paragraph survives expiration or termination of your membership or these

 

Terms of Use

Independent Contractor. You and Marea Anderson Designs are independent contractors as to one another. You are not Marea Anderson Designs’s agent or employee for any purpose and shall not hold yourself out as a Marea Anderson Designs agent or employee.

 

Contact Information

Our contact information is: info@mareaanderson.com or write to us at:

Marea Anderson Designs

PO Box 25443

St Paul, MN 55125

 

Governing Law and Jurisdiction

You agree that the only proper jurisdiction and venue for any dispute with Marea Anderson Designs or any of the other Covered Entities, or in any way relating to your use of this Website or your relations with Marea Anderson Designs or the Covered Entities, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Marea Anderson Designs or the Covered Entities. Any claims arising form or related to your use of this Website or relating to your relationship with Marea Anderson Designs or the Covered Entities will be governed by the laws of the State of Minnesota, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms of Use or your use of the Website will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. You agree that in the event you have or may have any alleged claim against Marea Anderson Designs or any Covered Entity, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms of Use and that you are not eligible to receive, and shall not seek, attorney fees in relation to any claim you have or may have against Marea Anderson Designs or any Covered Entity.

 

Miscellaneous

If any provision of these Terms and Conditions is held to be overbroad, invalid or unenforceable, such provision shall be deemed amended to the minimum extent necessary to render such provision valid and enforceable. If any provision can not reasonably be deemed amended, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Users may not sell, assign, or otherwise transfer any rights under these Terms and Conditions. Marea Anderson Designs may assign or transfer its rights and obligations under these Terms and Conditions. Our failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive our right to act with respect to subsequent or similar failures. These Terms and Conditions, along with any changes or updates thereto by us as described above, set forth the entire understanding and agreement between us with respect to the subject matter hereof.

PRIVACY POLICY

Privacy Policy

This Privacy Notice informs you about the type of data collected through the Marea Anderson Designs website (“Site”), and how we at Marea Anderson Designs use, disclose and protect that information.

 

 

 

Applicability of this Privacy Notice

This Privacy Notice applies only to the information we collect on this Site (at www.mareaanderson.com) and not to any information that we collect through other methods or services, including websites owned or operated by our affiliates, vendors or partners.

 

 

 

Information You Provide to Us

We may collect and store personal information that you choose to voluntarily provide to us when you contact us, such as when you sign up to receive our newsletter, alerts or publications. Personal information may include your name, residential or business address, email address, or phone number. We use the information you provide to send you the communications that you request. We may also use the information to communicate with you about other topics that we think may be of interest to you.

 

If you communicate with Marea Anderson Designs through the “Contact Us” link on our Site, we may ask you for information such as your name, email address and telephone number so we can respond to your questions and comments. We may also use the information you provide so that we can communication with you about topics we think may be of interest to you.

 

 

 

Information We Collect by Automated Means

We are committed to making your online experience with our Site informative and relevant. To achieve this, we collect certain information by automated means when you visit this Site, such as your IP address, the type of internet browser you are using, operating system, referring URLs, information on actions taken on the Site, how many users visited our Site and dates and times of Site visits. By collecting this information, we learn how to best tailor this Site to our visitors. We collect this information by various means, as explained below.

 

 

 

Cookies

Cookies are bits of text that are placed on your computer’s hard drive or mobile device when you visit certain websites. Cookie technology holds information a site may need to personalize a visitor’s experience. Cookies may also be used for security purposes and to gather website statistical data, such as which pages are visited, what is downloaded, and the paths taken by visitors to our website as they move from page to page.

 

You do have control over cookies, and can refuse the use of cookies by selecting the appropriate settings on your browser. Note, however, that by not accepting or deleting the use of cookies, you may affect your website experience and you may not be able to take full advantage of all features on this Site. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please consult the “Help” section of your browser for more information.

 

 

 

Third-Party Automated Collection and Internet-Based Advertising

Marea Anderson Designs participates in interest-based advertising (IBA), also known as Online Behavioral Advertising. We use third-party advertising companies to display ads tailored to your individual interests based on how you browse and shop online. Marea Anderson Designs adheres to the Digital Advertising Alliance (DAA) self-regulatory principles for IBA.

 

We allow third-party companies to collect certain information when you visit our websites or use our mobile applications. This information is used to serve ads for Marea Anderson Designs products or services or for the products or services of other companies when you visit this website or other websites. These companies use non-personally-identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware/software information, cookie and session ID) and personally identifiable information (e.g., static IP address) during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These parties typically use a cookie, web beacon or other similar tracking technologies to collect this information.

 

 

 

Google Analytics

We may also use third-party solutions to conduct web analytics, such as Google Analytics. Google Analytics is a web analytics service provided by Google, Inc., which uses cookies to help analyze how users use this website. The information generated by the cookie about your use of this Site (such as your IP address, the URL visited, the date and time the page was viewed) will be transmitted and stored by Google on servers in the United States. Google will use this information to monitor your use of this Site, compiling reports on website activity for website operators and providing other services related to website activity and Internet usage. Google may transfer this information to third parties where required by law, or where such third parties process information on Google’s behalf. For more information about Google’s privacy policy in respect of Google Analytics, please refer to http://www.google.com/analytics/learn/privacy.html. You may opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout?hl+en=GB.

 

 

 

How We Use the Information We Collect

We may use the information we obtain about you both to further our relationship with you and for other purposes, including to:

 

send you newsletters and/or industry updates;

process, evaluate and respond to your requests and inquiries;

verify your identity to ensure security for the other purposes listed here; operate, evaluate and improve our business (including developing new services;

managing our communications; learning about our visitors, analyzing our services and website;

and facilitating the functionality of our website); perform data analyses (including anonymization of personal information);

enforce our Terms of Use;

comply with applicable legal requirements and industry standards and our policies

 

We may use personal information for other additional purposes. We will identify these additional purposes at the time of collection.

 

 

 

Sharing Information

We do not sell or otherwise disclose personal information we collect about you, except as described herein or otherwise disclose to you at the time the data is collected.

 

We may share your information among Marea Anderson Designs-related entities. We also may share information provided by our visitors to this Site with service providers we have retained to perform services on our behalf, including without limitation, hosting or operating this Site, carrying out your requests, responding to your inquiries, and analyzing data. We require these service providers by contract to appropriately safeguard the privacy and security of personal information they process on our behalf.

 

We may disclose information about you as compelled or required by law, to law enforcement authorities or other government officials, to protect or defend our legal rights, or in order to investigate, prevent or take action regarding illegal activities, suspected fraud, or violations for our Terms and conditions for using this Site or other applicable policies.

 

We also reserve the right to transfer personal information we have about you in the event that we sell or transfer all or a portion of our business assets.

 

 

 

Data Transfer

We may transfer the information we collect on this Site to other countries other than in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Notice.

 

 

 

Security

The security of information is important to us, and we are committed to using reasonable measures to protect the personal information we may collect. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and us or the information stored on this Site is absolutely secure.

 

 

 

Links to Other Websites

This Site may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly encourage you to review to understand their procedures for collecting, using and disclosing personal information. We are not responsible for the content of the linked websites, any use of these sites, or the privacy practices of these sites.

 

 

 

Children

This Site is not intended for children and we do not knowingly solicit personal data from or communicate with children under the age of 13. Further, this Site is not intended for incapacitated persons, and we do not knowingly solicit personal data from individuals who are incapacitated. If you become aware that your child, any child under your care, or a person otherwise not able to provide valid consent has provided us with information without a parent or guardian’s consent, please contact us as described below.

 

 

 

Access, Updates and Your Choices

You can tell us at any time not to send you marketing communications by email by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated below.

 

Subject to applicable law, you may have the right to request access to and receive information about the personal data we maintain about you, update and correct inaccuracies in your personal data and have the information modified or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. To update your information, ask us to remove you from our mailing lists or submit a request, please send your request to info@mareaanderson.com. For your protection, we may require proof of identity, including proper verification and confirmation that you are the individual entitled to request access, before providing information to you.

 

 

 

Consent

By using this Site, you consent to the processing of your personal information as described in this Privacy Notice.

 

 

 

Contacting Us

If you have any questions about this Privacy Notice or our privacy practices, please feel free to email us at info@mareaanderson.com or write to us at:

 

 

 

Marea Anderson Designs

PO Box 25443

St. Paul, MN 55125

 

 

Changes to this Privacy Notice

We reserve the right to change or add to this Privacy Notice from time to time and will post any revisions on this Site. We will indicate at the bottom of the Privacy Notice when it was most recently updated. We encourage you to check back often to review the latest version.

 

 

 

Privacy Notice Effective Date: September 18, 2018