[Last updated October 15, 2015]
Our Promise to You
Your personally identifiable information, whether public or private, will not be sold, exchanged, transferred, rented or given to any other non-affiliated company for any reason whatsoever, without your consent, other than for the express purpose of delivering the intended order, purchased product or service requested from our website. We may however share personal information in order to respond to court orders, subpoenas, legal process, or to investigate, establish or exercise our legal rights or defend against legal claims. The email address you provide for order processing, may be used to send you information and updates pertaining to your order, updates, related product or service information, etc. We need your email in your account registration to communicate with you regarding your order.
Registration is not required to browse on our site. You may choose to give us your personally identifiable information during registration or at another time. Registration is required to place an order. While registering on our website we request that you provide us with personally identifiable information such as: name, surname, home address, which is not otherwise publicly available. When you initially create a NotedOccasions account, we ask for information such as your email address and an account password. When you place an order we ask for a phone number, billing and shipping address, and billing information. All of this personally identifiable information is maintained in your account profile.
COPPA – Children’s Online Protection Act
NotedOccasions shall take precautions to ensure the highest security level of all information and all personal data provided by minors using our services and products. We do not knowingly collect personal information from anyone under the age of 13, and we will not knowingly collect personal information from children. You affirm that (i) you are either 18 years of age or older, an emancipated minor, or possess legal parental or guardian consent to enter into this agreement, (ii) that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and (iii) you understand and will comply with all of these Terms of Service.
NotedOccasions is not intended for children under 13. If you are under 13 years of age, then please do not use the NotedOccasions website.
How We Use “Cookies”
Security and Passwords
If you place an order on our Web site, it encrypts the credit/debit card number you submit prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the Web Site is viewed using Microsoft IE®, Google Chrome®, Mozilla Firefox®, and Apple Safari® browsers. However, no transmission of data over the Internet or any other network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard personal information once we receive it, we cannot warrant the security of information we receive.
Portions of the Services (such as our Member registration) may require registration and log-in processes in which you will select a user ID and password (collectively, the “Password”). Passwords provided to you by us are the confidential property of the Company and may be used by you solely for your individual use of the Services (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.
We may provide you with the ability to log into our Services using a social media account, such as Facebook Connect. We do not control the activities of such social media services and have no control over the data they collect or their privacy practices. You should review their privacy practices before using any such social media service.
Prices and discounts are exclusive of applicable taxes and shipping charges. Items may vary and are subject to availability, delivery rules and times. Items available online only. Offers cannot be combined are not available on all products and are subject to restrictions and limitations. Prices and charges are subject to change without notice. Void where prohibited.
PayPal and major Credit/Debit Cards are all acceptable methods of payment. Our Terms are payment in full at the time the order is placed.
At order processing, credit card information is encrypted for transmission to our secure third party payment gateway. Likewise, if you choose PayPal as your payment gateway, you will be re-directed to a PayPal secured site for payment information. Both of these third party payment gateways have additional security measures to continually ensure your information is protected. Your credit / payment card data is not stored on the NotedOccasions website in any way, including in session data.
NotedOccasions reserves the right to terminate the product payment arrangement if payment results in insufficient or non existent funding. In that case, all orders in queue and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
We provide the ability to personalize and review your order before submission. A professional designer then adjusts the design for layout, sizing and spacing. Each order is rendered as a digital proof for approval before any printing begins. Personal data provided in connection with the correspondence between you and Notedoccasions shall be used strictly for the purposes of proofing your product. Please refer to the HOW IT WORKS section for additional details on the ordering process.
Because of the personalized nature of our products, we are unable to accept returns. So we encourage you to take great care to ensure the accuracy of each order before printing. We provide one complimentary proof to allow for any changes to errors in your original proof. We ask that you carefully review your proof, as additional proofs and design work will incur a fee.
Returns and Exchanges
Please refer to the section entitled RETURNS AND EXCHANGES for details on this policy.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTEDOCCASIONS, AND ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF NOTEDOCCASIONS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT.
NOTEDOCCASIONS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY MINTED PRODUCT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
NOTEDOCCASIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY WEBSITE OR OTHER PROMOTION, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MINTED OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
IN NO EVENT SHALL NOTEDOCCASIONS, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF POSTCARDS FROM FRIDAY HARBOR, LLC, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ANY OF OUR PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR VIA USE OF ANY OF OUR PRODUCTS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Website is controlled and offered by Postcards from Friday Harbor, LLC from its facilities in the United States of America and we make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Postcard from Friday Harbor and its subsidiaries from any and all liability arising from your use of any third-party website.
You agree to defend, indemnify and hold harmless NotedOccasions, and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of the company, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
You are hereby granted permission to use the Website as set forth in these Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you are of legal age to form a binding contract and are not a person barred by any laws from using the Website; and v) you will otherwise comply with all terms and conditions of these Terms of Service. NotedOccasions reserves the right to terminate a user’s access to the Website at any time in its sole discretion and without prior notice.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify NotedOccasions of any unauthorized use of your password or account or any other breach of security.
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without their prior written permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If we suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Service, then your account may be subject to suspension or termination, and you may be barred from using the Website.
Your Concerns and Changes to This Policy