COMPANY TERMS AND CONDITIONS OF USE
TERMS UPDATES – updated on 12/31/2018
We update our Terms from time to time and will place a notice on the website or include a link to updated Terms in our communication to you. Please visit our site regularly to review this information for updates.
You can contact us anytime via Inquiry_For_Pamela@pameladwilson.com to unsubscribe or to ask out our Terms and Conditions which are all below. You should not use our Site or purchase any of our products if you do not agree with our Terms.
If you have any questions you may also contact us at the below:
Pamela D. Wilson, Inc.
P.O. Box 18349
Golden, CO 80402
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY
Welcome to the PamelaDWilson.com site hereafter referred to as www.PamelaDWilson.com
GENERAL TERMS & CONDITIONS
a) Scope of Terms and Conditions
These Terms and Conditions apply to your use of the entire website https://www.pameladwilson.com or https://www.thecaringgeneration.com as well as any new websites the company develops, sub-domains, landing pages, etc. (collectively the “SITE”), as well as to products and services purchased or utilized from the Site or live events. Unless stated otherwise, all references to the “SITE” in these Terms and Conditions include these websites. These Terms and Conditions do not apply to your use of unaffiliated sites to which the site only links.
- b) Copyright & Restrictions on Use
All content included on this site, such as articles, audio or video clips, books, calendars, checklists, e-books, courses, data compilations, digital downloads, forms, graphics, landing pages, logos, PDF documents, podcasts, programs, scheduling software, software, text, webinars and new items, programs, or technology added in the future is the property of the COMPANY or its content suppliers and protected by United States trademark and copyright laws and international copyright laws. It may not be reproduced by any mechanical, photographic or electronic process, transmitted or otherwise copied for public or private use without prior written permission from the publisher. All content on this site is the exclusive property of the COMPANY and is protected by U.S., and International copyright laws and are the property of their owners.
Unless the COMPANY states otherwise, you may access the materials located within the site only for your personal use. Access means you may print or download one copy of posted materials on a single computer for personal, non-commercial, home use only, so long as you neither change nor delete any author attribution, trademark, legend, or copyright notice. When you download copyrighted material, you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit or misuse the content of the Site. Only if you obtain prior written consent from Pamela D. Wilson may you publish, display or commercially use any material from this Site. You must abide by all additional copyright and trademark notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the site:
- Harass, intimidate, stalk, criticize, or otherwise abuse another user, COMPANY employee or contractor in any way.
- Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar obscene, pornographic, or that promotes violence, racial, sexual, political, or religious hatred, terrorism or illegal acts, or is otherwise objectionable (as deemed by the sole discretion of the COMPANY) Objectional and disparaging behaviors include participating in any manner intended to or with the effect of causing damage to the COMPANY or others who use the Site.
- Transmit or otherwise make available any content that is unlawful or infringes, violates, or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright, or any other intellectual property or any other rights of any third party.
- Upload or transmit viruses, Trojan horses, or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
- Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to the COMPANY, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason.
- Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid, multi-level marketing, or Ponzi schemes or offer for sale of any products or services, except in areas specifically designated or identified for this purpose.
- Violate any applicable local, state, federal, or international law, rule, or regulation.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
These Terms and Conditions apply only to this Site, and not to the sites of ay other companies or organizations including those to which this Site may link. The COMPANY is not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other site. Under no circumstances will the COMPANY 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, goods, or services available on any other site. You should direct any concerns to that site administrator or webmaster.
This website contains links to other resources on the Internet. These links are provided solely to assist users in locating these resources. A link to another website does not imply any relationship, affiliation or approval of the linked resources or its content. COMPANY does not necessarily endorse, and is not responsible for, any third-party content that may be accessed through the Site. .
Third-parties other than the COMPANY may offer storefronts, provide services, or sell products on this or a related website. Links are provided to the sites of affiliated companies or businesses. The COMPANY does not warrant the offerings of any of these businesses or individuals or the content of their websites. The COMPANY does not necessarily endorse, and is not responsible for or liability for the actions, product, and content of all these and any other third -parties. Your use of third-party websites is solely voluntary, and you assume full responsibility for access and transactions completed through these sites.
d) No Personal Advice
The information contained or made available through this Site and at live events (including but not limited to information contained on message boards, in text files, in products, from services, in forums, on video conferences, phone calls, or chats), cannot replace or substitute for the services of trained professionals or experts in any field, including but not limited to psychological, financial, medical, or legal matters. In particular, you should regularly consult the healthcare system including physicians in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. You should regularly consult an attorney in all matters relating to interacting with other people to ensure you comply with the law, matters relating to estate planning, probate, and elder law, and matters related to harassment, assault, elder abuse, and similar laws. Financial planners and CPAs should be contacted regarding retirement planning, estate planning, tax planning, income taxes, and all financial matters.
The COMPANY, licensors, and suppliers make no representations or warranties concerning any treatment, action, application, preparation, or use of information and products by any person following the information offered or provided within, through the Site, or at a live event (including but not limited to any product or service purchased, utilized, or otherwise obtained from this Site). The COMPANY and Pamela Dombrowski-Wilson expressly disclaim all liability in respect to actions taken or not taken based on any information gained through the use of the Site. Neither we nor partners, suppliers, licensors, or any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result, including but not limited to economic loss, injury, illness, accidents, or death.
The information and materials provided, constitute general information and are for educational and informational purposes. Use of this Site does not create a professional-client relationship of any kind and is not subject to any privilege or confidentiality protection. Since the nature of this site and programs are in a group format, there is no professional client relationship between the company and any participants. As such participants are not subject to privilege or confidentiality.
The COMPANY does not endorse, warrant, or guarantee any products or services offered on any third-party site. The COMPANY is not a party to, and does not monitor any transaction between users and third-party providers of products or services.
THE SERVICES, PRODUCTS, AND MATERIALS ON OR FROM THIS SITE OR AT LIVE EVENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER THE COMPANY OR OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS, OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICIT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO, IN OUR DISCRETION EITHER A) REPLACE THE SERVICES, PRODUCTS AND MATERIALS WITH SUCH SERVICES, PRODUCTS, AND MATERIALS THAT DO NOT BREACH A WARRANTY IF SUCH BREACH IS IDENTIFIED TO US WITHIN 30 DAYS OF PURCHASE, OR B) REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES PRODUCTS AND MATERIALS.
II USER PUBLIC FORUM SUBMISSION/PARTICIPATION POLICY AND TERMS
As a service to our users, this Site may feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups, communities and/or other message or communication facilities, and other public/semi-public/private forums, (collectively “Forums”) where users with similar interests or similar experiences can share information and support one another or where users can post questions for others to answer. The COMPANY may also offer online discussions that include experts or other persons and online discussions moderated by experts and other persons.
Much of the content of the Forums, including without limitation the descriptions for many Forums and the content within a specific message, comment or posting, is provided and is the responsibility of the third-party creator of the Forum, or the person posting in that Forum. COMPANY has no responsibility for such content and is merely providing access to such content as a service to you. Users of this Site are specifically advised that information provided through online support groups, forums, blogs or other public methods of communication is not controlled by, certified by, or in any way regulated by the COMPANY. The intent of the COMPANY is to offer information of a general nature to help individuals navigate issues related to health care, aging, and caregiving. In the event you use any of the information on this site or affiliate sites for yourself, the COMPANY assumes no responsibility for your independent actions.
b) Your Participation/Contribution Requires Consideration:
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public and in such case may not be a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to, or collected by third-parties and may potentially be used by others in ways the COMPANY is able to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the COMPANY specifically notes otherwise (for example, in the rules for a particular Forum).
c) Confidential Obligation
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringes or violates any rights of any party. Further, you may have entered into an agreement with COMPANY that requires you to maintain the confidentiality of certain material or information of COMPANY. It is your obligation to confirm that any post to a Forum you make does not breach any confidentiality obligation you have. Unless a Forum specifically notes that all members of the Forum who are able to view posts are bound by confidentiality obligations and further notes what types of information may be discussed, you may not post information that the COMPANY has required you to preserve and maintain as confidential.
d) Grant of Rights
To the extent you are the original copyright holder of any post or submission by you to a Forum, and such post or submission does not contain any of the information or material of the COMPANY or other information you are required to preserve as confidential by COMPANY, then: i) you remain the owner of the such post or submission to the extent you were the owner, ii) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted the COMPANY, a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication or content in any media or medium, or any form, format, or forum now known or hereafter developed, and iii) you agree and warrant that COMPANY may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
e) No Obligation to Monitor
The COMPANY does not control the information delivered to the Forums and has no obligation to monitor the Forums. However,the COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law regulation, legal process or legal, governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, in COMPANY’S sole discretion.
f) No Obligation to Remove
The COMPANY is not obligated to remove any content from the Site which does not violate any civil or criminal laws and any contributions intended for display on this Site via any means whether submitted via HTTP (web), SMTP/POP (mail) NNTP (newsreader) or otherwise, are presumed to be contributed by the author/contributor with the intent that the COMPANY shall have an ongoing non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with the COMPANY with differing terms or the COMPANY has clearly only been provided limited non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submitted be published, do not submit the information in the first place.
g) No Endorsements
COMPANY does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted in the Forums or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums is at your own risk.
h) COMPANY’S Right to Act
If the COMPANY discovers communications which allegedly do not conform to any terms and conditions of this Site, the COMPANY may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. The COMPANY will have no liability or responsibility for performance or non-performance of such activities. The COMPANY reserves the right to terminate or restrict your access to any or all of the Forums at any time without notice for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, over which COMPANY has absolutely no control.
III SPECIAL NOTE ABOUT PRODUCTS AND SERVICE PURCHASES
Products shipped by the COMPANY may be shipped by UPS Standard, USPS, or by any other method at the discretion of the COMPANY. Customers will be charged for applicable shipping costs noted in the shopping cart. All product orders require 48 hours processing time. No orders are processed on weekends or holidays. No deliveries are made on holidays or weekends. Same day shipping is not available. All product orders are charged applicable sales taxes according to state laws. Exact delivery times at any location cannot be guaranteed.
Once all items pass from the COMPANY to a shipping carrier, all risk of loss and title for such items pass to the purchaser. Purchasers are responsible for all associated taxes, shipping, return item fees, and processing.
b) Service and Product Listings
The COMPANY strives for accuracy in all item and service descriptions, photographs, compatibility references, detailed specifications, pricing, links, and any other product-related information contained herein or referenced on the COMPANY Site. Due to human error and other determinates, we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links, and any other product or service related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a service or product listed on the website is labeled with an incorrect price due to a typographical, informational, technical, or other error, the COMPANY shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct, and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from the COMPANY are provided as resources to users looking for additional information and/or professional opinions. The COMPANY does not assume responsibility for the claims and/or representations made on these or any other websites.
c) Service and Product Revisions
The COMPANY is not responsible for changes or variations in service or product specifications and/or physical appearance. In the interest of our customers, COMPANY puts forth its best efforts to ensure that all service and product information is up to date and factual. Unfortunately, there are varying determinates which, although infrequent, could cause the information on our Site to become outdated without our immediate knowledge. Dated or out of date information includes, but is not limited to new versions or revisions, color deviations, retail package alterations, and other variations that may be considered inconsequential by the manufacturer. COMPANY relies on the manufacturer of products to communicate differences. Presently there is no way of alerting customers prior to purchase in the event the manufacturer fails to do so. COMPANY will not be held responsible for service or product revision changes.
IV PRODUCT AND SERVICE PURCHASE AGREEMENT
By accepting delivery of any product or service delivered from COMPANY, viewing such products, or otherwise using such products and services you agree to be bound by these Terms and Conditions. You and the COMPANY agree that the following Terms and Conditions are the exclusive terms governing the sales transaction between you and the COMPANY. Any attempt to alter, supplement, modify, or amend these terms and conditions by you, the Customer, will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from the COMPANY.
a) Product or Service Issues
If you have problems or concerns regarding the COMPANY or your purchases, you may contact us by calling 888-393-7754 or send a detailed email to Inquiry_For_Pamela@pameladwilson.com
b) Refund/Return Policy
The COMPANY offers a 30-day refund/return policy, no questions asked. You may request a refund within 30 days of purchase. You must contact us by submitting a detailed request by email to Inquiry_For_Pamela@pameladwilson.com within 30 days of the purchase. If you purchased a physical product that was shipped to you, you might be required to return the entire product to the COMPANY before we process your refund.
c) WARRANTIES: ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”.
COMPANY MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OR DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY THE COMPANY ARE SOLD “AS-IS” OR “WITH ALL FAULTS”. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT THE COMPANY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
d) LIMITATION ON LIABILITY.
IN ALL CIRCUMSTANCES, COMPANY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORN, INDEMNITY OR CONTRIBUTION OR OTHER CLAIM RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTIONS, DELAYS, INTERRUPTIONS OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
V CUSTOMER AGREEs TO RESTRICTIONS, OBLIGATIONS, AND LIMITATIONS. CONFIDENTIALITY AND LIMITED USE
Customer acknowledges that the products and services sold by the COMPANY are the confidential and proprietary information and property of the COMPANY. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of the COMPANY by Customer, the Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of the COMPANY, even if for free.
The customer agrees that no one may use these products and/or services in any manner without the written approval of the COMPANY, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event the Customer disagrees with these Terms, the Customer must immediately discontinue using the products purchased from COMPANY. Anyone viewing or otherwise utilizing the products of the COMPANY, by such conduct is agreeing to be bound by the terms set forth herein, and as such must immediately comply with the terms of this agreement. In the event COMPANY discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by COMPANY remains information that you have an obligation to protect and maintain as confidential. The Customer represents and warrants that he or she is at least 18 years old. In the event that the Customer is under 18 years old, the Customer will immediately discontinue using the products purchased from the COMPANY.
a) Children’s Online Privacy Protection Act Compliance and Parental Permission: Minimum Age Requirement
The Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. The COMPANY will not knowingly collect personally identifiable information from persons under 18.
WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET WO WHICH THEIR CHILDREN HAVE ACCESS.
The COMPANY hereby requires all users of the Site to be over age 13 and all purchasers of the COMPANY’S products and services to be over age 18. You agree to abide by such restrictions and not help anyone avoid these restrictions. If you are under age 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of the COMPANY, you represent that you are at least 18 years of age.
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products, and services are all directed to people who are at least 13 years old or older.
b) Terms and Conditions for Memberships, Monthly Subscriptions, and Multi-Payment Purchases.
By providing your credit card and other information, agreeing to this Terms and Conditions, or selecting the “Buy” or “Purchase” button (or similar such button for a monthly subscription or multi-payment purchase) as displayed on the Site or a lead page you agree to allow COMPANY to charge your credit cards for amounts payable to the COMPANY pursuant to this subscription.
The COMPANY reserves the right to charge fees, surcharges, and/or membership fees for any or all of its products or services currently provided for free at any time upon thirty (3) days’ prior written notice to you.
You acknowledge and understand that you can cancel anytime by contacting customer support at 888-393-7754 or by emailing a cancellation request to Inquiry_For_Pamela@pameladwilson.com
c) Payment Terms: Orders
An order is not binding upon the COMPANY until it is accepted. COMPANY must receive payment before it will accept an order. Payment for service(s) or product(s) ordered is due prior to shipment or provision of services. The Customer can make payment by credit card, or some other method pre-arranged with COMPANY. You agree to pay the amount(s) due as specified on the invoice; and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Site users indemnify and hold harmless the COMPANY, directors, officers, employees, agents, and affiliates from and against any and all third-party claims, losses, liabilities, damages and expenses including reasonable attorney’s fees (collectively “Claims”) to the extent that any such Claim is caused by or arises out of (a) any dispute between the user regarding goods or services purchased using a credit, debit or gift card or the payment of any amounts owed or alleged to be owed, (b) any actual or alleged loss or fraudulent, improper or unauthorized use of any credit, debit or gift card, or pin, (c) any transmission of personal information that results in identity or other theft. In the event an item refund is due, the charge will be credited to the credit, debit or gift card on which the original purchase was made. Purchasers agree that sufficient available credit exists when purchases are made and that the Site may delay providing access to information or shipping products until credit is fully processed and funds are received. Shipping charges may change from time to time and are not guaranteed.
a) Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between THE COMPANY and the Customer shall be governed by the laws of the State of Colorado without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on International Sale of Goods. The COMPANY and the Customer consent to the exclusive jurisdiction and the exclusive venue of the Court of Jefferson County, Colorado to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction of such Courts.
If any provision contained in this agreement is or becomes invalid illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement and the invalid, illegal or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Colorado law.
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
d) Entire Agreement
These Terms and Conditions are the complete and exclusive agreement between the COMPANY and the CUSTOMER, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the COMPANY and the CUSTOMER relating to the subject products and services. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
VII PRIVACY AND COMMUNICATION
a) Electronic Communication
When you visit www.PamelaDWilson.com and send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by notices on the the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
b) License and Site Access
The COMPANY grants access to use this Site for personal use. No permission is given to modify or change the Site. No permission is given for resale or commercial use of this Site or its contents. Use of data gathering tools is not permitted. Permission is granted to create a hyperlink to the home page of www.PamelaDWilson.com, and this right is limited, revocable, and non-exclusive provided the link does not portray the COMPANY, or its products or services in a false, misleading, derogatory, or otherwise offensive manner as defined by the COMPANY.
c) Accessing Your Account
If you create or access an account on this sste, you are responsible for maintaining the confidentiality of your account and password, to restrict access to your computer by other users and to accept responsibility for all activities that occur under your account or password.
d) Privacy and Confidentiality
i) What information do we collect?
We collect information from you when you fill out a form on our Site or any promotional or advertising site. When ordering or registering on our Site, as appropriate, you may be asked to enter your: name, e-mail address or phone number. You may, however, visit our Site anonymously.
ii) How do we use your information?
Any of the information we collect from you may be used in one of the following ways:
To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To send periodic emails and newsletters, to provide access to the library, membership site, and programming.
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, programs, and offers etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
iii) How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
iv) How are cookies used?
The COMPANY utilizes third party companies to analyze Site traffic. These companies utilize cookies and other tracking systems to identify for example, the number of daily visitors to the Site and pages that may be popular to Site visitors. Cookies and tracking mechanisms are used only for the purpose of analyzing traffic to the Site. The information provided by these third-party companies allows the COMPANY to develop new information and programming to meet the needs and interests of Site visitors and to advertise and market to Site visitors.
The COMPANY does not permit or solicit advertising on the site from third-party companies. This policy is in place so that visitors to the site know that they will not be solicited during visits on the Site by third-party companies. Site users should be aware that other websites you visit may utilize cookies to prepare advertisements targeted to your interests based on websites you visited or online purchases you made.
v) Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This disclosure does not include trusted third-parties who assist us in operating our website, completing website analysis and reporting, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
vi) Third party links
Occasionally, at our discretion, we may include or offer third-party products or services on our Site. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. Please exercise care when visiting these sites as we do not warrant their usability, confidentiality, workability, or privacy protections.
b) Colorado Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the Colorado Online Privacy Protection Act. We, therefore, will not distribute your personal information to outside parties without your consent.
d) Contacting Us
The address and phone number for the COMPANY is:
Pamela D. Wilson, Inc.
P.O. Box 18349
Golden, CO 80402