Disclaimer
The information contained in this section is intended to assist our customers
and vendors with their understanding of the Mary Lou’s Weigh® web site, its policies
and restrictions on use. We value everyone who has an interest in any aspect of
our products and services – please know that we stand ready to assist you with any
part of your online experience here at Mary Lou’s Weigh®.
Trademark
The name Mary Lou’s Weigh® is a registered trademark® of CD3, Inc.
and may not be used or reproduced without the expressed written consent of CD3,
Inc.
The Mary Lou’s Weigh® Logo, in full or any part thereof, is a trademark
and/or is copyright protected, and requires written permission from CD3, Inc. for
use.
The name The Platform® is a registered trademark® of CD3, Inc.
and may not be used or reproduced without the expressed written consent of CD3,
Inc.
Website Access & Use
By accessing this site, you acknowledge and agree to all of our terms, conditions
and privacy policies below, and otherwise contained on or referenced in this site
(the "Agreement"). If you do not agree to this Agreement, you are not authorized
to access this site. You also acknowledge and agree that we may modify this Agreement
at any time, in our sole discretion; that all modifications to this Agreement will
be effective immediately upon our posting of the modifications on this site; and
that you will review this Agreement each time you access this site, so that you
are aware of and agree to any and all modifications made to this Agreement. You
also acknowledge and agree that, unless we specifically provide otherwise, this
Agreement only applies to this site and our online activities, and does not apply
to any of our offline activities.
You acknowledge and agree that all materials, including, without limitation, content,
data, software, information, products and services, contained on or provided through
this site ("Materials"), are protected by copyright, trademark, service mark, patent,
trade secret, or other proprietary rights or laws; that except as specifically permitted
by this Agreement, any use of Materials is strictly prohibited; that except if we
and/or the applicable rights holder(s) give you prior written permission, you will
not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute,
publicly display, publicly perform, publish, edit, adapt, compile, or create derivative
works from any Materials (including, without limitation, through framing or systematic
retrieval to create collections, compilations, databases or directories); and that
except if we give you prior written permission, use of any Web browsers (other than
generally available third-party browsers), engines, software, spiders, robots, avatars,
agents, tools, or other devices or mechanisms to navigate or search the site is
strictly prohibited. Notwithstanding the foregoing, you may download or print single
copies of Materials for your personal, non-commercial use only, provided you keep
intact all copyright and other proprietary notices.
You acknowledge and agree that we, in our sole discretion, at any time and with
or without notice, may block or terminate your or any other party's access to all
or part of the site or any Materials, or change or discontinue any aspect or feature
of the site or any Materials (including, without limitation, discontinuing the site
in its entirety); and that, without limitation of any other provisions of this Agreement,
we reserve the right to take any actions at law or in equity that we deem appropriate
in connection with the site, Materials and this Agreement. You also acknowledge
and agree that, unless we specifically provide otherwise, any links on this site
to other sites do not imply our endorsement of such sites or that we have any association
whatsoever with the operators of such sites; that such sites are not under our control;
and that we are not responsible for any materials (including, without limitation,
any content, data, software, information, products or services) contained on or
provided through such sites, or the appropriateness, decency, legality, copyright
compliance, accuracy or any other aspect of such sites.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL "MATERIALS" ARE INTENDED FOR GENERAL
CONSUMER INFORMATIONAL PURPOSES ONLY; THAT NEITHER THIS SITE NOR ANY "MATERIALS"
ARE INTENDED TO CONSTITUTE, AND DO NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF
MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT,
CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES; AND THAT YOU WILL
ALWAYS CONSULT WITH YOUR QUALIFIED PROVIDER FOR MEDICAL OR HEALTH CARE ADVICE, DIAGNOSIS,
CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES.
YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY MEDICAL OR HEALTH CARE PROVIDER OR OTHER
DIRECTORIES OR LOCATORS (INCLUDING, WITHOUT LIMITATION, THEIR CONTENTS AND RESULTS)
CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL
PURPOSES ONLY, AND DO NOT IMPLY OUR ENDORSEMENT OF, OR THAT WE HAVE ANY ASSOCIATION
WHATSOEVER WITH, SUCH PROVIDERS.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE AND "MATERIALS" ARE AT YOUR OWN
RISK, AND ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASES; THAT WE DO NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WITH
REGARD TO THIS SITE OR ANY "MATERIALS" (INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE);
AND THAT WE DO NOT WARRANT OR REPRESENT THAT THIS SITE OR ANY "MATERIALS" WILL BE
ACCURATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE
OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS,
OTHER MALICIOUS CODE OR OTHER HARMFUL COMPONENTS). IN JURISDICTIONS NOT ALLOWING
THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OUR AND OUR SUBSIDIARIES, AFFILIATES,
LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL WE AND/OR OUR SUBSIDIARIES, AFFILIATES,
LICENSORS AND/OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES RELATING TO THE USE, MISUSE OR INABILITY
TO USE THIS SITE OR ANY "MATERIALS" (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR SUBSIDIARIES, AFFILIATES,
LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES);
AND THAT IF YOU ARE DISSATISFIED WITH, OR CLAIM ANY DAMAGES RELATING TO, ANY PORTION
OF THIS SITE, ANY "MATERIALS" OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THIS SITE AND ALL "MATERIALS". IN JURISDICTIONS NOT ALLOWING
THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL DAMAGES, OUR AND OUR
SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS LIABILITY WILL BE LIMITED TO THE
EXTENT PERMITTED BY LAW.
You acknowledge and agree that you will indemnify and hold harmless us and our subsidiaries,
successors, assigns, affiliates, licensors and suppliers, together with all of their
respective officers, directors, employees and consultants, against any and all claims,
damages, losses, liabilities, judgments, costs and expenses (including reasonable
attorneys' fees and costs) relating to your use, misuse or inability to use this
site or any Materials, or to your violation of this Agreement, any laws, rules or
regulations, or any rights of any third parties; that we reserve the right to exclusively
defend and control any such indemnification matters; and that you will fully cooperate
with us in any such defenses.
You acknowledge and agree that if you are located in any jurisdiction in the world
where any common, statutory, regulatory, codified or other law, rule or regulation
makes accessing this site or any Material inappropriate or illegal, or subject to
consents or permissions that you yourself have not obtained, or voids this Agreement
in whole or in part, then you are not authorized to access this site or any Material.
You also acknowledge and agree that this Agreement will be governed by and construed
in accordance with the laws of the State of Texas, excluding conflicts of law provisions;
that the exclusive jurisdiction for any claim or action relating to your use, misuse
or inability to use this site or any Materials, or to this Agreement, will be in
the state or federal courts located in the State of Texas; that you will irrevocably
submit to the exclusive personal jurisdiction of such courts for the purpose of
litigating any such claim or action; and that you will irrevocably waive any jurisdictional,
venue or inconvenient forum objections to such court.
You acknowledge and agree that if any provision of this Agreement is held by any
court or other tribunal of competent jurisdiction to be not enforceable, then such
provision will be eliminated or limited to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect; that this Agreement
constitutes the entire agreement between you and us relating to the subject matter
hereof, and supersedes any and all prior agreements or understandings between you
and us, whether oral or written, relating to any subject matter of this Agreement;
that this Agreement may not be modified, in whole or in part, except by us and as
otherwise might be specifically described elsewhere in this Agreement; and that
anything contained on or provided through this site that is inconsistent with or
conflicts with the terms of this Agreement is superseded by the terms of this Agreement.
Privacy Policy
This Privacy Policy is an integral part of the Mary Lou’s Weigh®
website owned by CD3, Inc. ("brand website"). This policy applies to all online
communication with CD3, Inc. owned brands. When you provide us with online information
through this Website, we respect your privacy. It is important for you to understand
what information we collect about you during your visit and what we do with that
information. Please note that your visit to our Website is subject to this Privacy
Policy and our terms and conditions for Website Access & Use.
At all times, we reserve the right to disclose any information, including personally
identifiable information, to comply with any applicable law, regulation, legal process
or governmental request; to protect CD3, Inc. rights or property (including without
limitation in the event of a transfer of control of a CD3, Inc. company, affiliate,
or brand, or substantially all of its assets), or during emergencies when safety
is at risk, or for credit fraud protection and risk reduction purposes.
1. Information Collection and Use
We only collect personally identifiable information about you via this Website when
you provide it in connection with a request for a product, service, or information.
For example, if you decide to place an order, we will ask you for your delivery
and billing address, phone number(s), email address, credit card number and its
expiration date. If you decide to complete a user registration form or survey, we
may ask you for information such as your contact information (e.g., name, e-mail
address and mailing address), age group or birth date. When you submit your personally
identifiable information on this Website, you are giving your consent to the collection,
use and disclosure of your personal information as set forth in this Privacy Policy.
CD3, Inc. companies may use the information that you provide to fulfill your request
for a product, information, or other service, or respond to an email or other request,
as well as to create and deliver to you our newsletters or surveys, communications
containing product information, usage tips or promotions, help improve our website(s)
or services, or customize visitors' experience at our website(s). We do not share
your credit card or other account information with unaffiliated third parties unless
you authorize us to do so, or if it is necessary to fulfill our responsibilities
including, but not limited to, delivering a product or service that you order. If
you prefer not to receive email marketing communications from us or from third parties,
please see Section 7 below. You cannot opt-out of receiving communications from
CD3, Inc. (or third parties who may assist us) relating to a specific order or request
for a product or service. If you would prefer that we not collect any personally
identifiable information from you, please do not provide us with any such information.
We may also collect, store or accumulate certain non-personally identifiable information
concerning your use of this Website, such as information regarding which of our
pages are most popular. Information gathered may be used in aggregate form for internal
business purposes, such as generating statistics and developing marketing plans.
We may share or transfer such aggregate, non-personally identifiable information
with or to our affiliates, licensees and partners.
This Website is intended for adults. We do not knowingly collect personal information
from children under the age of 13. However, if the parent or guardian of a child
under 13 believes that the child has provided us with personally identifiable information,
the parent or guardian of that child should contact us at
info@marylousweigh.com if they want this information deleted from our files so
that it is not in retrievable form. If we otherwise obtain knowledge that we have
personally identifiable information about a child under 13 in retrievable form in
our files, we will delete that information from our existing files so that it is
not retrievable.
2. Ensuring Your Security
We use the Secure Sockets Layer (SSL), an advanced security protocol that protects
your credit card information and ensures secure online ordering. SSL Internet connections
are encrypted, and thus protect all credit card ordering information, including
your name, address and credit card number, so it cannot be read in transit. We use
secure technology, privacy protection controls, and restrictions on employee access,
to safeguard your personal information.
3. Safe Shopping Guarantee
We guarantee that every online transaction you make will be "100% safe". This means
you pay nothing if unauthorized charges are made to your card as a result of shopping
at our online store. It is determined that under the Fair Credit Billing Act, your
bank cannot hold you liable for more than $50.00 of fraudulent charges. If your
bank does hold you liable for any of this $50.00, we will cover the entire liability
for you, up to the full $50.00. We will only cover this liability if the unauthorized
use of your credit card resulted through no fault of your own from purchases made
while using the secure server. In the event of unauthorized use of your credit card,
you must notify your credit card provider in accordance with its reporting rules
and procedures.
4. Technology Utilized
There are two commonly used technologies used on this site, clear gifs and cookies.
We use these to monitor the performance of the site and to measure it's effectiveness.
"Cookies" are small pieces of information stored by your browser on your computer's
hard drive. We do not use cookies to obtain any personally identifying information.
Most web browsers automatically accept cookies, but you can usually change your
browser to prevent this. Please be assured that accepting a cookie does not give
us access to your computer or personal information under any circumstances. If you
disable cookies, you may be unable to order or use other features of our sites.
If you experience any problems, please email us at
info@marylousweigh.com.
“Clear gifs” are tiny graphics with a unique identifier, similar in function to
cookies, and are used to track the online movements of Web users. Clear gifs are
not tied to users' personally identifiable information.
5. Third Parties
We may rely on other companies and individuals to perform functions on our behalf.
Examples include data analysis firms, customer support specialists, webhosting companies,
and fulfillment companies (e.g., companies that fill product orders or coordinate
mailings). We may share personally identifiable information with such third parties
as appropriate for them to perform their functions, but they may not use such information
for any other purpose. We may also share personally identifiable information with
marketing partners or other direct marketers, so they can send you notices about
their products or services. If you do not want to receive email marketing communications,
see Section 7. below for opt-out information.
Our website may offer links to and from other third party sites. Other sites have
their own policies regarding privacy. If you visit one of these sites, you may want
to review the privacy policy on that site. For example, you may have linked to the
CD3, Inc. brand site through a banner advertisement on another site. In such cases
the site you have linked from may collect information from people who click on the
banner or link. You may want to refer to the privacy policies on those sites to
see how they collect and use this information.
6. Notification of Changes
We may revise this Privacy Policy from time to time in our sole discretion. If we
decide to change our Privacy Policy, we will post the revised policy here. As we
may make changes at any time without notifying you, we suggest that you periodically
consult this Privacy Policy.
7. Email Marketing
We want to communicate with you via email correspondence only if you want to hear
from us. When you purchase a Mary Lou’s Weigh® product, we may
from time to time send you email messages describing new products, special offers,
and great values. If for any reason you would no longer like to receive email messages
from Mary Lou’s Weigh® or the product you purchased, you can email us to be removed. Please allow up to 10 days for us
to process your request.
Your privacy is important to us, and for this reason we will never share or sell
your email address with any third parties for direct marketing purposes. Please
note, if you decide not to receive marketing emails from Mary Lou’s Weigh®,
you may still receive “Transactional” email messages regarding your order (i.e.
order confirmation, shipping information, customer service notifications, etc.)
If you have questions or concerns regarding this statement, please contact us at
info@marylousweigh.com.
For more information, contact us at
15505 Long Vista Drive Suite 250, Austin TX 78728 Phone: 512 238-1336