Terms of Use

 

www.auntmildreds.com
Terms and Conditions
Date of last revision: February 19, 2015

Aunt Mildred’s LLC (“Aunt Mildred’s,” “we,” “us”, “our”) provides access to the site www.auntmildreds.com (collectively, with the Information (as defined below), the “Site”) and Services (as defined below), subject to your agreement to abide by the terms and conditions set forth in this agreement (“Agreement”). This Agreement governs the relationship between Aunt Mildred’s and you, our Site visitor (“you” or “your”), with respect to your use of the Site. It is important that you carefully read and understand the terms and conditions of this Agreement. By visiting or using the Site, including without limitation to (i) accessing, using, and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing any Services, you agree on your own behalf, and on behalf of any person or entity on whose behalf you may act, to accept and abide by this Agreement. If you do not agree to these terms and conditions, please do not use the Site or any of the Services or Information.

We reserve the right at any time to: (i) change the terms and conditions of this Agreement; (ii) change the Site, including eliminating or discontinuing any Information or Services or other feature of the Site; or (iii) deny or terminate your use of and/or access to the Site.

Any changes we make will be effective immediately upon our making such change(s) available on the Site or otherwise providing notice thereof. You agree that by entering, re-entering, or continuing to use the Site thereafter you accept such change(s). Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

1. Services and Information Provided in Connection with the Site

The online shopping services made available on, by or through the Site (collectively, the "Services"), as well as any information provided on, by or through the Site or as part of or in connection with the Services or otherwise, including but not limited to data, text, software, images, audio and video clips, links and references (collectively, the "Information") are owned by Aunt Mildred’s, its business partners, suppliers and/or licensors, as applicable, and are protected by intellectual property laws. You must retain all trade-mark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies and shall remain the property of Aunt Mildred’s and/or its licensors and/or suppliers. You should be aware that the Information and Services may be outdated and may contain errors, omissions, and inaccuracies (including errors, omissions and inaccuracies that result from inaccurate, outdated and/or incomplete information provided by you).


2. Limited Permitted Use of Information and Services

2.1 The downloading, printing and other use of the Information, and the provision of Services to you are conditioned on your acceptance of the terms and conditions contained herein and by using such Information or Services, you agree to such terms and conditions. You may print or download a reasonable number of copies of any graphic or textual Information owned by Aunt Mildred’s available for downloading on the Site. You may not download, copy or use any of the Information except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Information without the written consent of Aunt Mildred’s or, if so indicated in writing by Aunt Mildred’s, its licensors or suppliers. You understand and agree that you may not authorize, encourage or allow any Information used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any other party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of them. You agree to advise Aunt Mildred’s promptly of any such unauthorized use(s). You acknowledge and agree that Aunt Mildred’s reserves the right to, and may, retain or delete the information, music, photos, video and other materials that you submit, at any time, in its sole discretion.

2.2 Download Policy (the "Policy") sets forth the conditions under which you may download any of the Information being offered on www.auntmildreds.com for download (the “Downloads”). By downloading Information from the Site, you acknowledge and agree to the following terms and conditions: (i) the registered trademarks and the images are owned and/or copyrighted by Aunt Mildred’s; (ii) you may download one copy of any of the Downloads to a computer, cellular phone/mobile device, or personal digital assistant (PDA) for your personal, noncommercial use; (iii) you may transmit the Downloads via e-mail, texting, instant messaging, or other similar electronic communications; (iv) you may not modify the images, text, software, or any other aspect of the Downloads in any way; (v) you may not delete, and must keep intact, all trademark and copyright notices associated with the Downloads; and (vi) the Downloads are for use solely by the intended immediate user and may not be sold, re-sold, leased, licensed, sub-licensed, or otherwise transferred to any third party, either in their present form or in any modified form.

3. Creating an Account

3.1 In order to use some of the features or functionality offered at the Site or to access some areas of the Site, you may need to create an account with Aunt Mildred’s. If and when you create an account with Aunt Mildred’s, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) maintain and update your information to keep it accurate, current and complete. You may also elect to provide a mailing address to participate in certain reward programs such as giveaways for use of the Site and its promotion to other users. You understand that any information you provide will be treated by Aunt Mildred’s in the manner described in our Privacy Policy, which can be found at www.auntmildreds.com/privacypolicy. This information will not be re-used, sold or shared in any manner by Aunt Mildred’s or any third parties unless you elect to receive additional information and promotional material from Aunt Mildred’s and/or third parties. Any rewards programs that are accessible through the Site are governed by this Agreement, to the extent it is applicable, and by specific rules. By participating in any such reward program, you signify your agreement and acceptance of this Agreement and such applicable rules.

3.2 As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar, disrespectful, or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to transfer or resell your use of or access to the Site to any third party. You should never disclose your password to anyone else. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at [www.auntmildreds.com]. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

4. Third Party Links

The Site contains links and/or portals to other web sites with which in some cases Aunt Mildred’s has affiliate agreements. Aunt Mildred’s does not control such sites or the content provided through such sites. Your use of these web sites is subject to the privacy practices and terms of use established by the specific site, and Aunt Mildred’s disclaims all liability associated therewith. The fact that Aunt Mildred’s offers such links or provides a portal to the site does not indicate any approval or endorsement by Aunt Mildred’s of any such web site or any material contained on any such web site, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third party products, services or publications within the Site do not imply endorsement of, and Aunt Mildred’s is not responsible for and disclaims any endorsement of, any such product, service or publication.

5. Code of Conduct

You agree not to: (i) restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; (ii) express or imply that any statements you make are endorsed by us, without our prior written consent; (iii) transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); (iv) engage in spamming or flooding; (v) upload any Submission that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Service or Site; (vi) use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited; (vii) modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Information; (viii) remove any copyright, trademark or other proprietary rights notices contained in or on the Information, Site or Services; (ix) "frame" or "mirror" any part of the Site without our prior written authorization; (x) link to any page or content on any web site other than the Site; (xi) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; (xii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission; and/or (xiii) harvest or collect information about Site visitors or members without their express consent.

When using the Site, Information or Services, you agree to comply with all applicable laws, rules and regulations.

6. Ownership and Restrictions

6.1 The Site is owned and operated by Aunt Mildred’s and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Aunt Mildred’s and its licensors, affiliates and/or suppliers. The Information and Services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile or disassemble any part of the Site or any Service or Information without our prior written permission. The Information, Site and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Aunt Mildred’s or, if so indicated in writing by Aunt Mildred’s, its licensors or suppliers. Use of the Site or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information. You further acknowledge that there is a possibility that other users may use the Information, Site and Services for their own financial gain.

6.2 The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Aunt Mildred’s, our licensors and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Aunt Mildred’s, our licensors or the third party owner of any such Trademark and use of the Trademarks is expressly prohibited.

7. Purchases

7.1. If you wish to purchase products described on the Site, you will be asked by us or the third party provider of the product from which you are purchasing a product to supply certain information applicable to your purchase, including, without limitation, credit card and other payment information. You understand that any such information will be treated by us in the manner described in our Privacy Policy, which can be found at https://www.auntmildreds.com/privacypolicy. You agree that all information that you provide to us or such third party provider will be true, accurate, current and complete. In the event that you enter another site for the purpose of purchasing a product or service, the terms that shall govern such transaction shall be governed by the terms and conditions found on such site. Please read such terms carefully before entering into any transaction.

7.2. Once you have completed your purchase from our Site, you will receive an e-mail confirming your order. Please keep this e-mail as it is your sales receipt and order confirmation for products and/or services ordered, and will include your order number. All order fulfillment e-mails will contain a contact e-mail address at sales@auntmildreds.com which you should use to contact Aunt Mildred’s if you require additional information about orders, pricing, products, services, accounts or passwords. The address for support is www.auntmildreds.com.

 7.3.Shipping

 We currently ship within the 48 contiguous United States by FedEx.

When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. 

Please also note that the shipping rates for many items we sell are weight-based. The weight of any such item can be found on its detail page. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

Payment terms, shipping information and order processing for goods and/or services not sold by Aunt Mildred’s, are determined by each vendor and are not subject to our payment terms and or order processing system.

7.4 Payments may only be made by credit card [Visa, MasterCard, Discover, and American Express]. All payments will be processed by the Bank of America through Merchant Services. The address is 3975 NW 120th Avenue, Coral Springs, FL 33065.

8. Disclaimers

8.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) AUNT MILDRED’S AND ITS AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "AUNT MILDRED’S' REPRESENTATIVES") DISCLAIM ANY WARRANTIES THAT THE INFORMATION AND SITE IS CURRENT AND/OR UP-TO-DATE. AUNT MILDRED’S AND AUNT MILDRED’S'S REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF AUNT MILDRED’S OR ANY OF AUNT MILDRED’S' REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.

8.2 Returns Policy

We want you to be completely satisfied with your gift or order. Please let us know if we missed the mark, and we will do our best to fix it.

Please contact us within 48 hours if you received incorrect or defective package for a full refund. You may return most new, unopened items within 15 days of delivery for a full refund if you are not completely satisfied. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.)

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply login to your account, view the order using the "Complete Orders" link under the My Account menu and click the Return Item(s) button. We'll notify you via e-mail of your refund once we've received and processed the returned item.

8.3 A possibility exists that unauthorized alterations could be made by third parties to the Information, Site and/or Services. In the event that a situation arises in which the completeness or correctness of the Site or Information and Services is in question, please contact us at www.auntmildreds.com with, if possible, a description and location of the material to be checked, as well as information sufficient to enable us to contact you.

9. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER AUNT MILDRED’S NOR ANY OF AUNT MILDRED’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE. AUNT MILDRED’S' SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE, INFORMATION AND/OR SERVICES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

10. Indemnification

You agree to fully indemnify, defend and hold Aunt Mildred’s, any of Aunt Mildred’s’ s representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.

11. Jurisdictional Issues

The Information, Site and Services are solely directed to individuals residing in the contiguous United States; and no individual located outside the contiguous United States shall have any right to access or use this Site or obtain any of the Services or Information at any time. We make no representation that the Information, Site or Services are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. Ability to Contract

You affirm that you are at least 18 years of age, are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

13. Contacting Us Regarding the Site

To contact Aunt Mildred’s about privacy issues, to report a violation of our Privacy Policy, or to raise any other issue, please e-mail us at www.auntmildreds.com. You may also contact us by mail at: Aunt Mildred’s, LLC, 220 Loudon Road, #225, Concord, NH 03301

14. Notice for California Users; International Users

Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

The Site is hosted in the United States and is intended for and directed to users in the United States. If you access the Site from any region or country with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, these Terms of Use, the Aunt Mildred’s Privacy Policy you are transferring your personal information to the United States and you consent to that transfer.

15. Miscellaneous

This Agreement is governed by and construed in accordance with the laws of the State of New Hampshire, United States of America, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Hillsborough County, State of New Hampshire, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegable by you except with Aunt Mildred’s prior written consent, and any attempted assignment, transfer, delegation shall be null and void. Aunt Mildred’s may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular. You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy, which can be accessed at www.auntmildreds.com/privacypolicy, and agree to all such terms and conditions.