If you have any questions or comments about our rubber stamps or our website, we would love to hear from you!
Email is the best way to contact us. You can email us at firstname.lastname@example.org
We make every effort to reply to all emails within 48-hours. If you have not heard from us in this amount of time, please check your spam folder for our reply.
You can contact Ducks In A Row™ by postal mail at the following postal box:
Ducks In A Row™, Fine Art Rubber Stamps
P.O. Box 614
Campbell, CA 95009-0614
We are a small business without a receptionist. Because we are small and internet based, we do not answer our voice line, nor do we regularly check our voicemail, which is why email is the best method of contacting us.
Please note: we are unable to take credit cards over the phone.
To reduce the amount of Fax spam, our fax line is used for wholesale transactions*. We do not typically accept retail orders via fax unless we have made arrangements with you outside of this website to do so.
*For wholesale purchasing terms and conditions, please contact us at email@example.com
(Last modified on August 26, 2009)
This customer service statement supersedes all previous versions of this statement.
© 2011 Ducks In A Row™. All rights reserved.
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If you previously subscribed to our email/newsletter list and no longer wish to receive such notices from us, please use the following button link to unsubscribe.
©Ducks In A Row™. Sample images used on this website have been mechanically reproduced by Ducks In A Row™ for promotional purposes. Unauthorized use of Ducks In A Row™ images is strictly prohibited.
Unauthorized use of Ducks In A Row™ images violates U.S. Copyright laws and may be subject to prosecution and damage recovery. Ducks In A Row™ images may be used for personal and limited commercial use. Use extended to hand reproduction only unless prior written consent has been obtained from Ducks In A Row™. Mechanical and/or digital reproduction of any kind is strictly prohibited without the express written consent of Ducks In A Row™. For inquiries regarding our copyright policy, please send your request to: General Counsel, Ducks In A Row™, P.O. Box 614, Campbell, CA 95009-0614.
(Last modified on August 26, 2009)
This copyright notice supersedes all previous versions of this notice.
© 2010 Ducks In A Row™. All rights reserved.
At Ducks In A Row™, we take pride in our images and the quality of our stamps. Our stamps are made with natural rubber attached to the highest grade cushion available. Mounted images are mounted on aged hardwood. Our mount grips have been designed for the most comfortable fit.
The images on this website have been mechanically reproduced for the purposes of this website. Digital reproductions may not always fully represent the actual stamped image, as conditions such as mediums used and surfaces applied to can have greatly varying results. Actual stamps may reproduce differently than images presented on this website.
Due to the nature of our products, we do not accept returns or exchanges because a customer has changed their mind, did not read the posted information, made assumptions, or for any other reason. We provide a variety of graphics and photos to aide you in your selections. We also provide information regarding approximate size (based on mount measurements). We provide as many artwork samples as we can. If you have any questions, please contact us at firstname.lastname@example.org before you place your order, as we do not accept returns. Please check your order carefully when you receive it and report any discrepancy via email within 3 days of receiving your order. Please do not use any disputed items, as we may request it/they be returned to us (at our expense). In the event we request the return of an incorrect item, the item must be returned in new, unused condition. EcoSets should not be opened and there should be no signs of use (i.e., ink stains, cleaning stains, etc.) on any stamps.
If you are returning an item that is defective or in error and has been manufactured by Ducks In A Row™, we apologize for your inconvenience. We will reimburse you the cost to ship the product back to us and replace it with a new rubber stamp of the same image or set as soon as we receive the returned item(s). Should the defect or the error be on an item we do not manufacture, but that you purchased through www.ducksinarowrs.com, we will replace it with same if in stock or refund you if we do not have a replacement.
If, for some reason, you believe your Ducks In A Row™ product to be defective, please contact us at: email@example.com
Discontinue use of your Ducks In A Row™ product and retain the original packaging, as you may be asked to return the defective item(s). Please retain all purchasing receipts and notifications, as well as packaging. Shortages and defects must be reported to us by email to firstname.lastname@example.org within 3 business days of receipt of your order.
Ducks In A Row™ retains the right to determine the effectiveness of workmanship of our products and to determine replacement, exchange, or refunds at our sole discretion. Any refunds will be refunded back to the original credit card or PayPal account used for purchase.
We are required by the State of California to collect and submit appropriate California sales tax on all purchases made by California residents, regardless of shipping destination. Sales tax is automatically figured and added to your invoice at the time of check out.
(Last modified on August 26, 2009)
This quality commitment statement supersedes all previous versions of this statement.
© 2010 Ducks In A Row™. All rights reserved.
Ducks In A Row™ uses the USPS as our primary shipping carrier. Total shipping costs are automatically calculated during the order process, and are not negotiable. We reserve the right to ship by any carrier at our discretion. If you require a specific carrier, please note it in the "comments" section at the end of your order.
A minimum of $4.95 shipping and handling fee is charged for any shipment.
Prices are for standard ground deliveries within the continental U.S. excluding Hawaii, Alaska, and Puerto Rico. Call or email us for shipping charges to other destinations. Ducks In A Row does not ship COD or FOB.
Although we take great care to package your items securely, we cannot be responsible for packages once they have left our possession.
Explanation of Shipping
Domestic Shipping charges are computed based on our minimum shipping charges and per-item shipping. We reserve the ability to ship the "best way" for any shipment ie. - by UPS, USPS, DHL, FED X etc. If you want your order shipped by a particular carrier, please identify it as such in the order comments.
The Ground shipping selection applies the higher of our minimum ground shipping charge of $4.95 or the combined shipping charge for all items included in your order. Note that items that are greater than the $4.95 minimum are indicated in the shipping tab of the product page and are also notated in the shopping cart. The minimum charge of $4.95 will be applied for any order unless FREE shipping or discounted shipping is specified.
We make every effort to ship your completed order within 3-7 days of receiving your order. (Subject to product availability.) When ordering within the continental United States, you can expect delivery within ten to fourteen business days.
Ducks In A Row™ does not offer International Shipping at this time and, therefore, does not accept nor process International Orders. Please continue to check back for future International options.
All APO / FPO shipments are shipped via USPS with Delivery Confirmnation. All APO / FPA shipments are limited to 70 lbs.
Orders to APO / FPO addresses require international customs paperwork which we will prepare at no additional cost to you. Because APO / FPO addresses are considered international destinations shipments to APO / FPO addresses are not eligible for discounted shipping incentives offered to US addresses. Package delivery times vary greatly to APO / FPO addresses, so you should allow extra time for receipt.
Shipments to Alaska, Hawaii, and Puerto Rico
Shipments to these locations are limited to air USPS. A separate communication (i.e. email) may be sent stating the actual cost of shipping, as true shipping costs may not be accurately presented during the ordering process. Such communication must be confirmed with a reply by you within 72-hours or your order may be canceled.
(Last modified on August 26, 2009)
This Shipping Policy supersedes all previous versions of this policy.
© 2010 Ducks In A Row™. All rights reserved.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND OUR ONLINE PRODUCTS/PRODUCTS AND OFFERINGS CAREFULLY. By using our Website and/or one of our Online Products/Products or offerings (collectively, our "Online Products/Products"), you agree to the terms and conditions set forth in this User Agreement (this "Agreement"). We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using this Website or our Online Products/Products after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Website and you should arrange to cancel your registered user account or subscription and discontinue purchasing with us, as applicable.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the websites which are owned or operated by Ducks In A Row™("www.ducksinarowrs.com," "we," "us," or "our") and our affiliates (collectively, "Ducks In A Row"), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our "Website"), and all of the Online Products/Products that we may offer currently or in the future. For purposes of this Agreement, "affiliates" shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with, ducksinarowrs.com, including, without limitation, Ducks In A Row™ and its subsidiaries.
2. Your Use of this Website and Our Online Products/Products
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon, and the Online Products/Products that you purchased, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a user of, purchaser of, or subscriber to, this Website and/or our Online Products/Products. You understand that only you may use your user account and password, and that your use of our Products is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Online Products/Products subscribed to or used by you. To use our website and Online Products/Products, you represent that you are a United States citizen or resident with a valid United States mailing address.
By using this Website and/or our Online Products/Products, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof) and/or our Online Products/Products. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our Online Products/Products, including, but not limited to, (i) restricting the time the Website and/or a Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's right to use the Website and/or any of our Online Products/Products. You agree that any termination or cancellation of your access to, or use of, the Website and/or our Online Products/Products may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Online Products/Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or our Online Products/Products. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing this Website or our Online Products/Products, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Online Products/Products, is to cancel or terminate your subscription or registered user account, as applicable and discontinue your use of our Website. From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
3. Charges and Fees for Online Products/Products
Certain portions, components, content and features of this Website are only available to individuals who purchase any one of our Online Products/Products/Offerings. As a subscriber to/purchaser of our Online Products/Products, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees set forth on this, applicable taxes, and other charges and fees incurred in order to access/purchase our Online Products/Products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time. We will automatically charge your credit card or other payment method each time you use our website to purchase our Online Products/Products. Each time you use our Online Products/Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your purchase(s) of our Online Products/Products.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our Online Products/Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access/purchase our Online Products/Products.
C. For purposes of your use of our Online Products/Products including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription, sign up and/or purchasing process to/for our Online Products/Products ("Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Data with third parties for the purpose of verifying the information you provide and billing your credit card or collecting payment from other sources we may accept from time to time. You agree to maintain and promptly update the Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Online Products/Products. You are obligated to check the "My Profile" feature (if in use) of our Website to determine whether your Data is current and accurate, and, if not, to correct or update your Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this User Agreement or by law.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the My Profile feature (if available) of this Website, or contact us immediately, to update your Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
4. Cancellation of Subscription
5. Availability of Online Products/Products
The availability and use of our Online Products/Products may be limited based on demographic, geographic, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to or purchasing our Online Products/Products or may terminate your subscription to our Online Products/Products at any time based on these criteria.
6. Privacy and Security
7. Automatically Become a Registered User
As a subscriber to/purchaser of one of our Online Products/Products, you automatically become a registered user of this Website, which provides you with access to certain Online Products/Products, offerings, features, or resources of our Website such as the ability to post messages on one of our Community Areas/Forums (such feature is not available to those who are not registered users). A "Community Area" means any blog, personal page, group page, chat room, message board, bulletin board, swap, or similar activity where you can communicate with other users of our Website or post your own Content. If you cancel your subscription to our Online Products/Products, you will remain a registered user of our Website unless you specifically request otherwise.
8. Restrictions on Use of Materials
You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. DUCKS IN A ROW™ is the trade name and service mark of Ducks In A Row™. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent. Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Ducks In A Row™ is the trade name and servicemark of Ducks In A Row™. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
9. Community Standards and Conduct Guidelines
You acknowledge that all Content and all information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us or our affiliates), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website. You agree not to use this Website (including any Community Areas/Forums) to:
a. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
b. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
c. Impersonate any person or entity, including, but not limited to, any user of this Website, a director, officer, employee, shareholder, agent or representative of Ducks In A Row™ or our affiliates, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Ducks In A Row™, our affiliates or any other person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
e. Upload, post, email or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
g. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
h. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of a Community Area/Forum (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user's experience of this Website ;
j. Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
l. "Stalk" or otherwise harass another user or employee of this Website; or
m. Solicit, collect, store or post personal data or attempt to solicit, collect, store or post personal data about other users of the Website, including user names or passwords; or .
n. Access or attempt to access another user's account without his or her consent.
11. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Website. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO/PURCHASE OUR ONLINE PRODUCTS/PRODUCTS.
This Agreement applies only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.
13. Third Party Products and Services
You may order services, merchandise or other products through (including Ducks In A Row™ services, merchandise and/ or products) our Website from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
14. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others. 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 U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information: .
a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
d) your name, mailing address, telephone number and email address;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner's behalf. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this website should be sent to our designated agent for notice of claims of copyright infringement: General Counsel, Ducks In A Row, P.O. Box 614, Campbell, CA 95009-0614.
15. Your Password and User Account
If you are a registered user or subscriber of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
16. Relationship with Ducks In A Row
Ducksinarowrs.com is an affiliate of Ducks In A Row™, and is authorized to use under license the DUCKS IN A ROW™ brand and intellectual property on the Internet. DUCKS IN A ROW™ is the trade name and servicemark of Ducks In A Row™ as are certain other trademarks and servicemarks used by ducksinarowrs.com on this Website under Ducks In A Row's control.
17. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE ONLINE PRODUCTS/PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE ONLINE PRODUCTS/PRODUCTS) ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER DUCKSINAROWRS.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL (INCLUDING, WITHOUT LIMITATION, THE ONLINE PRODUCTS/PRODUCTS) PURCHASED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACQUISITION OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE ONLINE PRODUCTS/PRODUCTS). NEITHER DUCKSINAROWRS.COM, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ONLINE PRODUCTS/PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE ONLINE PRODUCTS/PRODUCTS) IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
18. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE ONLINE PRODUCTS/PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE ONLINE PRODUCTS/PRODUCTS) ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE ONLINE PRODUCTS/PRODUCTS); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE ONLINE PRODUCTS/PRODUCTS); OR (F) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this Website or our Online Products/Products or offerings (including, without limitation, the Online Products/Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
20. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website (including, without limitation, the Online Products/Products) or this Agreement shall be filed only in the state or federal courts located in Santa Clara County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
21. Miscellaneous Terms
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
(Last modified on August 26, 2009)
This user agreement supersedes all previous versions of this agreement.
© 2010 Ducks In A Row™. All rights reserved.
Known third party websites associated with www.ducksinarowrs.com are:
Miva Merchant. Miva Merchant is our primary provider of our shopping cart and payment processing services. Click the link below to review Miva Merchants privacy policies
Hostasaurus.com is the webhost provider for the www.ducksinarowrs.com website. Click the link below to review Hostasaurus’ privacy policies:
Registration and Ordering.
Before using certain parts of this Site or ordering products, you may be asked to complete an online registration/order form. During registration/ordering, you will be prompted to provide to us certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, and credit card number. In addition, we may also ask you for your country of residence and/or your organization's country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of personal information are used for billing purposes, to fulfill your orders, to communicate with you about your order and our site, and for internal marketing purposes. If we encounter a problem when processing your order, we use the personal information to contact you.
WHAT INFORMATION ABOUT YOU IS COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE PRODUCTS (INCLUDING REGISTRATION AND ORDERING)?
We collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information.
You do not have to provide us with any Personally Identifiable Information to visit our Website. However, if you choose to withhold requested information, you may not be able to visit all sections of our Website or use all of our Online Products, such as our shopping cart or posting messages on our message boards. In addition, we may not be able to provide you with some of the other Online Products dependent upon the collection of such information.
Non-Personally Identifiable Information.
When you become a registered user of our Website, subscribe to one of our current Online Products, or in connection with other Online Products we may make available on our Website from time to time, we also may collect information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession, location or gender) ("Non-Personally Identifiable Information"). Non-Personally Identifiable Information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. Non-Personally Identifiable Information is/may be used to help us understand who uses our Website and to improve and market our Website in general and our Online Products in particular.
Information from Other Sources.
We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our Website and Online Products so that we can continue to enhance our Website and Online Products.
We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Website, such as when you register for our Website or visit and/or use one of our Online Products (such as our Shopping Cart or Galleries). We also may collect information from you in connection with, or through, other Online Products we may make available on our Website from time to time. The following is a description of the areas and/or manners in which we may primarily collect information about you.
Becoming a Registered User and Subscription.
In order to access certain Online Products on our Website, such as our shopping cart, online/email newsletter, and gallery(ies), you we may ask you to first complete certain steps to become either a registered user or a subscriber. During these steps, you may be required to provide us with information (including Personally Identifiable Information) such as name, zip code and email address, and, if you subscribe to/use one of our Online Products (such as our Shopping Cart), credit card and billing information. This information is used to help us process Shopping Cart sales as well as understand who uses our Website, to improve our Website and our Online Products, to contact users about requested Online Products and/or for subscription billing purposes. It is optional for you to provide demographic information (such as profession.), but providing this information is encouraged so we can provide a more personalized experience on our Website.
Cookies and Action Tags.
We may also collect Non-Personally Identifiable Information passively using "cookies" and "action tags."
"Cookies" are small text files that are placed on your computer in order to identify (i) your Web browser (ii) the activities of your computer on our Website and (iii) your activity in connection with our advertisements and other marketing and promotional efforts. Cookies may be used to:
• improve your experience on our Website (e.g., to dynamically generate content on webpages that may be specifically designed for you),
• assist you in using our Online Products (e.g., to save you time by not having to reenter your name upon each visit to our Website), and
• allow us to statistically monitor how you are using our Website for purposes of improving our online offerings.
In addition to cookies that we place on your computer, cookies may also be placed on your computer by third parties that we use to display or serve advertisements or to collect Non-Personally Identifiable Information in order to provide advertising-related services. For example, in the course of serving advertisements, our third-party ad servers may place or recognize a unique "cookie" on your browser. You may also "opt-out" of certain tracking on our Website and other websites by various advertising companies through the Network Advertising Initiative at http://www.networkadvertising.org.
You do not have to accept cookies to use our Website, however, you may not be able to use certain products, offerings, features, or resources of our Website (including our Online Products) if you do not accept cookies. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar.
"Action tags," also known as web beacons or GIF tags, are a web technology used to help track anonymous website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of our Website, including advertisements, or e-mail sent on our behalf, may contain action tags. Unlike cookies, action tags are not placed on your computer.
We may, from time to time, use referral programs. Through third party referral program operators and others, we may offer referral programs whereby referral websites can earn commissions through the referral of subscribers or other purchasers to our Website. To track the earning of such commissions, and to determine the effectiveness of the referral programs, the users who become subscribers to our Online Products or purchasers through such referral websites are tracked using technologies that do not include Personally Identifiable Information (such as cookies and/or action tags). Our program operators and the referral websites themselves can only access non-Personally Identifiable Information such as data relating to the number of impressions served, the number of transactions completed, and their resulting earnings. They cannot access our customers' personal data.
If you choose to apply to be a referral website, we use the data you provide strictly for conducting business with you. We may have entered into certain agreements with third party program operators for the purpose of administering our referral programs. Should you become a referral website of ours through one of our third party program operators, any information you provide to them is subject to their privacy policies.
We collect information, some of which may be Personally Identifiable Information, that you voluntarily provide to us when you choose to use some of our Online Products. We also collect information that you provide voluntarily through responses to special Online Products such as surveys, questionnaires, contests and the like. We collect this information in order to improve your online experience.
Public Forums and the Public Profile Feature.
We also collect Non-Personally Identifiable Information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. This information may be used to analyze trends, to administer the Website, to monitor our Website's use, and to gather general demographic information. We may link this information to Personally Identifiable Information for these and other purposes such as improving your experience on our Website and evaluating our Online Products in general.
Email or Refer a Friend.
We may offer a referral program. Through our referral tools for informing a friend about our Website, or one of our Online Products, we will automatically send your friend a one-time email containing the information you request to be sent. If you elect to use these referral tools, we will collect from you certain Personally Identifiable Information about your friend which you have provided, such as your friend's name and email address. We do not store your friend’s information or use it for any other purpose.
DO WE COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE?
We are committed to protecting the privacy of children. Our Website and Online Products are not designed for, intended for use by, or directed to children under the age of 13. We do not collect Personally Identifiable Information from any person we actually know is under the age of 13. We urge all parents or guardians to participate in their children's exploration of the Internet, and to teach their children about protecting their personal information while online.
WHAT DO WE DO WITH THE INFORMATION WE COLLECT?
In general, we use the information collected on our Website and through our Online Products to help us understand who uses our Website and Online Products and how they are used, to improve your experience, to assist you in using our Online Products, to improve our Website and Online Products, and for subscription billing purposes, if applicable.
If you become a registered user of our Website or subscribe to/use one of our Online Products, we may use your information to send you a welcoming email that may confirm your username. If you "opt-in" we may send you electronic newsletters, contact you about Ducks In A Row™ products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including Personally Identifiable Information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding our Website or Online Products or, if you are a subscriber, about your billing account status. You will not be able to opt-out of these service announcements and updates as they contain important information relevant to your use of our Website and/or use of our Online Products.
In addition, if you become a registered user of our Website or subscribe to/use one of our Online Products, we may use your information to contact you by postal mail about Ducks In A Row™ products, services, information and news that may be of interest to you, unless you notify us that you no longer desire to receive these communications.
We may also use the information gathered on our Website and through our Online Products to perform statistical analysis of user behavior, to analyze and evaluate issues to improve our Online Products. We may link some of this information to Personally Identifiable Information for internal purposes only or to assist you in your use of our Online Products.
WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES?
Laws and Legal Rights.
We may also disclose your information (including Personally Identifiable Information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms & Conditions or our Subscription Agreement, or to protect the safety and/or security of our users, our Website or the general public.
Third Parties Generally.
We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers, users of our site, and other similar parties.
Third Party Sellers.
Sale of Business.
IS THE INFORMATION WE COLLECT SECURE?
Notwithstanding the above commitments to protect your information (including Personally Identifiable Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.
WHAT CHOICES DO YOU HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
We will make every effort possible to notify users of our Website when Personally Identifiable Information is being collected by third parties on our Website. We do this so you can make an informed choice as to whether you should disclose information to a third party.
In addition, as noted above, you may "opt-out" of certain data tracking practices by our advertising partners. For more information about the data tracking practices of various third-party advertising companies, including their privacy practices and "opt-out" procedures, please go to the website operated by the Network Advertising Initiative at http://www.networkadvertising.org.
CAN YOU UPDATE OR CORRECT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our systems. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personally Identifiable Information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all Personally Identifiable Information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.
WHOM DO YOU CONTACT IF YOU HAVE ANY PRIVACY QUESTIONS?
Email us at:
re: Privacy Coordinator
Or, write to our Privacy Coordinator at:
Ducks In A Row™
P.O. Box 614
Attn: Privacy Coordinator
(Last modified on August 26, 2009)
© 2011 Ducks In A Row™. All rights reserved.