Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Marilyn Miglin, L.P. are superceded and of no force or effect.
RESTRICTIONS ON USE OF MATERIALS All content and material on the Site may not be copied or distributed, modified, republished, uploaded, posted or transmitted in any way, without the prior written consent of Marilyn Miglin, L.P., except as follows: You may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modifications or use of the materials for nay other purpose violates the intellectual property rights and other rights of Marilyn Miglin, L.P. or its content suppliers.
TERMS AND CONDITIONS You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Marilyn Miglin, L.P.
Marilyn Miglin, L.P. neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Marilyn Miglin, L.P.
While Marilyn Miglin, L.P. uses reasonable efforts to include accurate and up-to-date information in the Site, Marilyn Miglin, L.P. assumes no liability or responsibility for any errors or omissions in the content of the Site.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Marilyn Miglin, L.P. and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to sue any Trademark displayed on the Site without the written permission of Marilyn Miglin, L.P. or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Marilyn Miglin, L.P. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
DISCLAIMER This Site is provided by Marilyn Miglin, L.P. on an "as is" basis. Marilyn Miglin, L.P. makes no representations or warranties of any kind, express or implied as to the operation of the Site, the information, content, materials or products included on the Site. To the full extent permissible by applicable law, Marilyn Miglin, L.P. disclaims all warranties, express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability or satisfactory quality and fitness for a particular purpose and non-infringement, Marilyn Miglin, L.P. will not warrant or make any representations regarding the use or the results of the materials in the Site in terms of their correctness, accuracy, reliability, or otherwise. Marilyn Miglin, L.P. has no duty to update the Site or the content hereof, and Marilyn Miglin, L.P. will not be liable for any failure to update such information. Marilyn Miglin, L.P. makes no representations regarding the content of any other Websites, which you may access from the Site. A link to a non-Marilyn Miglin, L.P. Website does not mean that Marilyn Miglin, L.P. endorses or accepts any responsibility for the content or use of such Website.
Marilyn Miglin, L.P. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
SUBMISSION OF UNSOLICITED IDEAS Marilyn Miglin, L.P. policy is not to accept or consider any unsolicited ideas or materials such as remarks, suggestions, ideas, graphics, materials or other information through this Site (together the "Submissions"). If you send us Submissions regardless of this policy, Marilyn Miglin, L.P. will consider all Submissions as non-confidential and free of any claims of proprietary or personal rights. All Submissions will forever be the property of Marilyn Miglin, L.P. free and clear of any claims by you or others. Marilyn Miglin, L.P. will not incur any liability as a result of any similarities that may appear in future Marilyn Miglin, L.P. operations. All Submissions to this Site or to Marilyn Miglin, L.P. are, and shall remain, the sole and exclusive property of Marilyn Miglin, L.P. and may be used by Marilyn Miglin, L.P. for any purpose whatsoever, commercial or otherwise, without compensation, payment or any other obligations to anyone, including you.
By transmitting or posting any communications or materials to this Site, you agree that Marilyn Miglin, L.P. or any of its affiliates may use your communications or materials for any purpose, including reproduction, transmission, publication, broadcasting and posting. Marilyn Miglin, L.P. and its affiliates are free to use any ideas, whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information.
LIMITATION OF LIABILITY Marilyn Miglin, L.P. will not be liable for any damages or injury, including but not limited to special or consequential damages, caused by any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. Marilyn Miglin, L.P. will not be liable for any damages or injury, including but not limited to special or consequential damages, resulting from the use of, or the inability to use, the materials in this Site, even if there is negligence on the part of Marilyn Miglin, L.P. or if an authorized Marilyn Miglin, L.P. representative has been advised of the possibility of such damages, or both. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Marilyn Miglin, L.P. total liability to you for all losses, damages, and causes of action (whether in contract, tort, or otherwise) will not be greater than the amount you paid to access this Site.
COPYRIGHT All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned by Marilyn Miglin, L.P. or its content suppliers and is protected by U.S. and international copyright laws. All software used on this Site is owned by Marilyn Miglin, L.P. or its software suppliers and is protected by U.S. and international copyright laws. The content and software on this Site may be used for your personal use only as a shopping resource and any other use is strictly prohibited.
PLACING AN ORDER When you place an order, we will ask you for the following personal information: your name, e-mail address, mailing address, phone number, and your credit card number and its expiration date. This information is requested to verify your identity and to process your purchase. Contact information from the order form is only used to send orders. For extra security, www.marilynmiglin.com will never display your full credit card number once it has been entered - We will only reveal the last 4 digits of your credit card for verification purposes.
We employ other companies to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, analyzing data, providing marketing assistance, processing credit card payments, conduct customer surveys, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
HOW DO WE PROTECT YOUR PRIVACY? WHAT INFORMATION DO WE COLLECT?
Whenever you visit the Site, we will recognize you by your domain name. When you order a product from Our Company at the Site, you will be providing personal information to Our Company. Personal information includes your name, telephone number, address, e-mail and other information by which you can be personally identified. This personal information allows us to process and fulfill your orders as soon as possible and to notify you of your order status whenever you request it.
If you use a credit card to make a purchase or join our program, the transaction and your credit card number and expiration date are stored on our servicer for archival purposes only. We will never disclose any of this information to any third party, except for the purpose of processing your purchase.
We do not share, sell, rent or barter any identifiable personal information to any third party without your permission.
"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Our company makes use of cookies to enhance your Web viewing experience, to target advertising and marketing offers to your particular interests, and to avoid showing you duplicate ads. Third Parties advertising on the Site may also use cookies. Cookies cannot be used to get data from your hard drive, your e-mail or any other personal data about you. Most Web browsers automatically accept cookies, but you can usually set your browser to notify you when you receive a cookie, giving you a chance to decide if you want to accept it or not.
We also collect usage information from visitors to the Site. We collect certain data on specific purchases. Website usage information is not personally identifiable and simply describes how the Site is used, including the number and frequency of visitors to each page and the length of their stay. Usage information also includes the domain names of browsers that visit the Site, time of day and the Site that was visited and other non-personally identifiable information.
USE OF INFORMATION Our Company believes that knowing more about you will enable us to serve you better. We use this information to personalize the content and services we offer to you. We will collect your e-mail address when you give us that information. We do maintain a list of the e-mail addresses our customer provide so we can provide customer service. From time to time, we may also notify you by e-mail about new products and services we think may interest you. If you wish to have your name removed from our e-mail list, you may "opt-out" of receiving e-mail from us by calling us at 800-322-1133; In Illinois (312)266-4600. In addition, each e-mail you receive will provide you with the opportunity to opt-out of receiving future e-mails.
If you supply us with your postal address on-line, you may receive additional mailings from us at that address introducing our new products, offering different or improved products, or informing you about upcoming sales of new or existing products. If you supply us with your telephone number on-line, you may receive a telephone call from us regarding any order you may place with us. You may also receive telephone calls from us regarding new products or information about upcoming special sales of existing products. If you do not wish to receive mailings to your postal address or telephone calls, you may "opt-out" of postal mailings and telephone calls by calling us at 800-322-1133 or e-mailing us at mail@marilynmiglin.com
If you would like us to share your information with trusted third party marketing partners in order to alert you to products, services and special offers that may be of interest to you, you may "opt-in" to sharing your information with third parties when you register on the Site or at anytime by writing to us at Marilyn Miglin, L.P., 321 North Loomis Street, Chicago, IL 60607. In addition, each e-mail you receive will provide you with the opportunity to opt-out of receiving future e-mails.
We may combine the information we have collected from you on the Site with other personally identifiable information (such as demographic information and past purchase information) available from our records and other sources. This information will be used to make our future marketing efforts more efficient. If you opt-in to sharing your information with third parties, they may also combine your information with other personally identifiable information available from their records and other sources to bring you offers of interest. To learn more about one of our marketing partners, click here.
We may disclose any information we have collected about you to law enforcement officials if necessary to comply with the law. In the event that all of our business assets are transferred, customer information will be one of the assets transferred.
STATE-OF-ART TECHNOLOGY When you place an order or access your account information, we use a state-of-the-art secure server to keep all your personal information - including your billing and purchase information - as secure as possible. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. We have put this privacy protection control system in place to help ensure that your personal data remains safe and private.
While marilynmiglin.com makes every effort to ensure the integrity and security of its network and systems, marilynmiglin.com cannot guarantee that its security measures will prevent third-party "hackers" from illegally obtaining this information.
YOUR CONSENT By using the Site, you consent to the collection and use of this information by Our Company in accordance with our Privacy Policy. We reserve the right to make changes to our Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Please check this page regularly for changes. If you have any comments or suggestions to improve our Site or would like to review and/or update the information we have collected about you, please send an e-mail to: www.marilynmiglin.com. Please note that changes to your account status may not be effective immediately.
While Marilyn Miglin, L.P. uses reasonable efforts to include accurate and up-to-date information in the Site, Marilyn Miglin, L.P. makes no warranties or representations as to its accuracy. Marilyn Miglin, L.P. assumes no liability or responsibility for any errors or omissions in the content of the Site.
Marilyn Miglin, L.P. has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. www.marilynmiglin.com is not responsible for the privacy practices or the content of other Websites.
Although Marilyn Miglin, L.P. may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Marilyn Miglin, L.P. is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Marilyn Miglin, L.P. will fully cooperate with any law enforcement authorities or court order requesting or directing Marilyn Miglin, L.P. to disclose the identity of anyone posting any such information or materials.
JURISDICTION The Marilyn Miglin, L.P. products described in this Site may not be available to you because of the manner or locales in which they are distributed. Marilyn Miglin, L.P. makes no claim that the information in this Site is appropriate in any jurisdiction. If you sue this Site from locations outside the United States, you are responsible for compliance with any applicable local laws.
MISCELLANEOUS Use of the Site is limited to persons over the age of 18. This Site is created, owned and operated by Marilyn Miglin, L.P. in the State of Illinois. As such, these Terms, Disclaimers and Conditions and the agreement they create, shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Any provision of this Legal Statement that is determined for any reason to be unlawful, invalid, void or for any reason unenforceable, shall not affect any other portion of this Legal Statement. Marilyn Miglin, L.P. reserves the right to make changes to the Site and to this Legal Statement at any time by posting such changes shall be deemed your acceptance of such changes.
