ExcaliburProducts.com operates the ExcaliburProducts.com
Internet shopping site (collectively, the "Site"). You may only
use the Site pursuant to the following terms and conditions,
which you agree to accept by your use of the Site.
Use of the Site is subject to additional terms and conditions
defined by our content providers ("Licensors") as stipulated on
applicable pages of the Site, which you also agree to accept by
your use of the Site. ExcaliburProducts.com reserves the right
to modify or revise these Terms of Use and/or Privacy Statement
or its other policies at any time at its sole discretion. Any
such modifications shall be effective within fifteen (15) days
of being posted on the Site. You are bound by such modification
or revision, and should therefore visit this page frequently to
review the terms. Your continued use of the Site following
ExcaliburProducts.com's posting of any changes or modifications
to these Terms of Use and/or Privacy Statement will constitute
your acceptance of such changes or modifications. In the event
that you do not agree to any changes or modifications of these
Terms of Use and/or Privacy Statement, you should not continue
to use the Site.
LICENSE AND SITE ACCESS
ExcaliburProducts.com grants you a license to access and use the
Site for personal, noncommercial purposes, other than to
purchase items through the Site's storefronts or to purchase
items from third-party merchants linked to the Site. This
license does not include and strictly prohibits: any resale of
the Site or its contents; any collection and use of any product
listings, descriptions, or prices other than as expressly
authorized herein; any derivative use of the Site or its
contents; or any use of data mining, robots, or similar data
gathering and extraction tools. The Site, including its
operation, interface and contents, are covered by United States
copyright laws and international covenants and treaties, and may
not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any unauthorized commercial purpose
without the express prior written consent of
ExcaliburProducts.com. Any unauthorized use shall immediately
terminate the license granted by ExcaliburProducts.com and any
Licensors hereunder, and may subject you to civil and/or
criminal prosecution. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to any page of the Site
so long as the link does not portray ExcaliburProducts.com, its
subsidiaries, its affiliates, Licensors, co-brand partners and
other partners or its or their respective services in a false,
misleading, derogatory or otherwise offensive matter. You may
not use any ExcaliburProducts.com, Licensor, subsidiary,
affiliate, co-brand partner, or other partner logo or other
proprietary graphic or trademark as part of a link to the Site
without first obtaining the express written consent of
ExcaliburProducts.com, the subsidiary, the affiliate, the
co-brand partner or other partner or Licensor (as applicable).
ExcaliburProducts.com does not guarantee continuous,
uninterrupted or secure access to its services or the Site, and
the operation of the Site may be interfered with by numerous
factors outside or within ExcaliburProducts.com's control.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY ExcaliburProducts.com ON AN "AS IS" AND
ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, ExcaliburProducts.com MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS,
LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR
THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN
ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE
SITE; TO THE MAXIMUM EXTENT PERMISSABLE BY APPLICABLE LAW,
ExcaliburProducts.com SHALL NOT BE RESPONSIBLE FOR ANY SUCH
THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN
RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
ExcaliburProducts.com DISCLAIMS ALL WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING
THE SITE. ExcaliburProducts.com DOES NOT WARRANT THAT THE SITE,
ITS SERVERS, OR E-MAIL SENT FROM ExcaliburProducts.com ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT
PERMISSABLE BY APPLICABLE LAW, ExcaliburProducts.com WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE
SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE
CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND
CONDITIONS, WITH ExcaliburProducts.com'S PRIVACY POLICY OR ANY
OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE
YOUR USE OF THE SITE.
INDEMNITY
You agree to defend, indemnify and hold ExcaliburProducts.com,
its subsidiaries, affiliates, co-brand partners or other
partners, and their respective officers, directors, employees
and agents free and harmless from and against any claims,
actions and demands, including, without limitation, any legal
and accounting fees resulting from your use of the Site or your
breach of these Terms of Use and Privacy Statement.
ExcaliburProducts.com shall provide notice to you promptly of
any such claim, suit or proceeding.
GOVERNING LAW/ARBITRATION
The laws of the State of Florida, U.S.A, govern this agreement.
You hereby irrevocably consent to the exclusive jurisdiction and
venue of courts in Washington County, Oregon, U.S.A. in all
disputes arising out of or relating to the use of the
ExcaliburProducts.com Sites/Services. You agree that no joint
venture, partnership, employment, or agency relationship exists
between you and ExcaliburProducts.com as a result of this
agreement or use of the ExcaliburProducts.com Sites/Services.
You agree to indemnify and hold ExcaliburProducts.com, its
parents, subsidiaries, affiliates, officers and employees,
harmless from any claim, demand, or damage, including reasonable
attorneys' fees, asserted by any third party due to or arising
out of your use of or conduct on the ExcaliburProducts.com
Site/Service/Software. ExcaliburProducts.com reserves the right
to disclose any personal information about you or your use of
the ExcaliburProducts.com Sites/Services, including its
contents, without your prior permission if ExcaliburProducts.com
has a good faith belief that such action is necessary to: (1)
conform to legal requirements or comply with legal process; (2)
protect and defend the rights or property of
ExcaliburProducts.com or its affiliated companies; (3) enforce
the terms or use; or (4) act to protect the interests of its
members or others. ExcaliburProducts.com's performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of
ExcaliburProducts.com's right to comply with governmental, court
and law enforcement requests or requirements relating to your
use of the ExcaliburProducts.com Sites/Services or information
provided to or gathered by ExcaliburProducts.com with respect to
such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and
ExcaliburProducts.com with respect to the ExcaliburProducts.com
Site/Service and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between the user and ExcaliburProducts.com with respect
to the ExcaliburProducts.com Site/Service. A printed version of
this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
INFRINGEMENT
The Site, its content, format, design, user interface and
ExcaliburProducts.com logos are the intellectual property of
ExcaliburProducts.com, its Licensors and business partners.
Nothing contained in this Terms of Use and Privacy Statement
grants you permission to duplicate any of the Site's components
or other ExcaliburProducts.com intellectual property or the
intellectual property of its subsidiaries, affiliates,
Licensors, co-brand partners or other partners, or of
ExcaliburProducts.com's business partners, or to utilize them in
a manner that constitutes infringement in the United States or
any other country in which the Site is available for use. Any
unauthorized reproduction, modification, distribution,
transmission, republication, display, or performance of the
software or the content of the Site is strictly prohibited.
GENERAL
If any provision of these Terms of Use and Privacy Statement is
held to be invalid, void or unenforceable for any reason, such
provision shall be struck and the remaining provisions shall
remain enforceable. Headings are for reference purposes only and
in no way define, limit, construe or describe the scope or
extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with
respect to subsequent or similar breaches.
ASSIGNMENT
You agree that these Terms of Use and Privacy Statement and all
agreements and notices incorporated herein may be automatically
assigned by ExcaliburProducts.com, in our sole discretion, to a
third party. You may not assign your obligations to any other
entity.
SITE POLICIES
Privacy Statement
At ExcaliburProducts.com ("ExcaliburProducts.com") we want you
to know exactly how and when we collect and use information that
can specifically identify you, such as your name, mailing
address, phone number, and email address ("personal
information").
We do not require that you provide, nor do we collect, any
personal information if you are just browsing the Site. We also
may offer at the Site non-transactional and transactional
services ("Service(s)") in which, subject to applicable terms
and availability, you may participate. In order to provide you
with the Services you requested, ExcaliburProducts.com may
require that you first provide certain personal information,
which we determine is reasonably necessary in order for us to
fulfill your request. If you indicate an interest in one of our
Services, we will identify what specific personal information
you must provide prior to collecting such information. Any
personal information which we collect from you will only be used
for the purposes identified in this Privacy Statement, the
ExcaliburProducts.com Terms of Use and as may indicated at the
time the information is collected.
ExcaliburProducts.com will not disclose your personal
information to any third party unless: 1) it is necessary in
order for ExcaliburProducts.com to disclose your personal
information in order to provide you with a particular service
you have requested; 2) disclosure is required of
ExcaliburProducts.com in order to comply with a legal process
(e.g., court order, subpoena, search warrant, law enforcement
request); 3) ExcaliburProducts.com determines, in its sole
discretion, that disclosure is necessary to protect the rights,
property, and safety of ExcaliburProducts.com, its subsidiaries,
affiliates, co-brand partners or other partners, our users, or
others.
Our web servers collect from Site visitors statistical
information regarding what pages are visited, the date and time
of the visits, how long it took a user to download a page, and
the TCP/IP address of the user. These automated server functions
do not collect this information in a manner intended to identify
your individual use of the Site, nor do we use this information
for any such purpose. This information is collected to assist us
in maintaining a high quality site, as well as providing
necessary traffic information to our advertisers.
The Site contains cookie technology, which collects non-personal
information about you which is used to customize the Site for
your future use.
The Site contains links to web sites of third parties.
ExcaliburProducts.com is not responsible for the actions of
these third parties, including their privacy practices and any
content posted on their web sites. We encourage you to review
their privacy policies to learn more about what, why and how
they collect and use personal information. ExcaliburProducts.com
adheres to industry recognized standards to secure any personal
information in our possession, and to secure it from
unauthorized access and tampering. However, as it true with all
online actions, it is possible that third parties may unlawfully
intercept transmissions of personal information, or other users
of the Site may misuse or abuse your personal information that
they may collect from the Site.
We know that you are concerned about how we use and protect the information that you enter when visiting our site. We have developed this Privacy Statement because your privacy is important to us and because we appreciate your trust that we will protect your information.
How Can We Contact you for Information on your Privacy Statement?
You may contact us using any one of the methods below for anything pertaining to this Privacy Statement.
Excaliburproducts.com
21785 S.W. TV Highway, Ste. R
Aloha, OR 97006
Phone: 503-925-2959
Fax: 503-642-1443
What personal information is gathered when I visit your site?
Here are the types of information we gather to help continually improve your shopping experience at Excaliburproducts.com and provide customer service to you.
- Information You Give Us: We receive and store any information you enter on our Web site. You can choose not to provide certain information, but then you might not be able to take advantage of our features, including ordering on-line, entering our monthly drawing, or submitting questions or comments to us. We use the information that you provide for such purposes as responding to your requests, completing orders, and improving our website.
- Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses Excaliburproducts.com. We receive and collect the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and the Internet address of the web site from which you linked directly to our site. We use this information to monitor the usage of our site. All of the information we automatically capture provides us with the ability to enhance our customers' search and shopping experiences and to determine aggregate information about our user base and usage patterns.
What are Cookies and how does Excaliburproducts.com use them?
- Cookies are small alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and storage of items in your Shopping Cart between visits.
- The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.
Our shopping cart program, Shopsite, uses browser "cookies" for both merchant and customer sessions.
- When a customer first clicks an [Add to Cart] button to make a purchase, ShopSite sets a cookie to associate the customer with a particular shopping cart.
- When a customer enters their shipping and billing information and clicks Submit This Order to complete the order, ShopSite sets another cookie. This cookie contains the billing address (and the shipping address if a separate one is used) that the customer used. It does not contain any credit card information. This cookie is set to expire December 30th of the calendar year following the year the order is placed. If the customer returns to the store from the same computer within this time, ShopSite will detect and read the cookie and the customer will not have to re-enter the address information. If cookies are disabled in a customer's browser, this "memory" feature will not be available to that customer.
- ShopSite sets cookies for the merchant as part of the intruder detection security system.
Does Excaliburproducts.com share the information it receives?
No. Information about our customers is an important part of our business, and we will not sell or share it with any other individual or company for any reason.
How secure is my data?
- We protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
- We do not reveal any digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
- To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
- We do not store credit card information on our local computers. Credit card information is only stored for a limited time on computers owned and operated by the credit card processing company. We can not access your credit card number from the credit card processing company, but trusted employees can access transaction information, if necessary, to modify an order or issue a credit, at your request. For example, we can add or remove items from your order by accessing your transaction information, but we can not actually see your credit card number in the process. After a set period of time, the credit card processing company deletes your transaction information from their computers and at that point we can no longer access your transaction records from them.
Which information can I access?
Excaliburproducts.com will provide any information about your account and your interactions with Excaliburproducts.com. Contact us using any of the contact methods described above.
What choices do I have?
- As discussed above, you can choose not to provide information, even though it might be needed to make a purchase, inquire about something on our site, or enter our monthly drawing.
- If you do not want to receive e-mail or other mail from us, please tell us when communicating with us or when placing an order. We will only send e-mails that pertain to, or as a followup offer, to an order. This may include a limited number of emails (no more than two in any 12 month period) with a special coupon code good for a future purchase. We will not add your email address to any marketing lists that would result in additional marketing emails being sent to you by us or any third party.
- If you do not feel comfortable sending your credit card information to us over the Internet, you can still shop with us. We welcome you to call us to complete your purchase by phone.
May children purchase your products?
Excaliburproducts.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Excaliburproducts.com only with the involvement of a parent or guardian.
Privacy Policy Revisions and Privacy Policy Disputes
If you have any concern about privacy at Excaliburproducts.com, please contact us using any of the methods stated above with a thorough description or your concerns, and we will try to resolve your concerns.
Our Privacy Policy may change at any time in the future. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We will never change our policies and practices to make them less protective of customer information collected.