Terms & Conditions of Use
Last Revised: June 4, 2010
Thanks for visiting our website. Western Wear Exchange, appreciates your interest in our consignment store. We urge you to read our Privacy Policy / Terms and Conditions of Use (“Privacy Policy”) so that you will know how we maintain and protect any information that you may give us through our website.
Please also remember that your use of our website means that you have agreed to abide by all of the terms and conditions of this Privacy Policy.
Information We Receive
We receive information in different ways through our website. The information we receive from users of our website can be categorized as being either anonymous or personally identifiable.
Anonymous Information; Log Files
Anonymous information refers to information that cannot be tied to a specific individual. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and click stream data. Many persons who access our website do not use the personalization features or member services that are available to them through our website, and therefore these individuals are anonymous to us and the data we collect from them does not enable us to identify them in any personal way. For example, we may know that 5,000 users visit our website every day and that 3,000 of them reside in Florida, but we may not know their names or where they live. All anonymous information we collect through our website is collected when your web browser accesses our website. When you surf the Internet, your web browser automatically transmits information about your preferences to our server every time you visit our website. The anonymous information collected by us through your web browser helps us to monitor audience size, measure traffic patterns and identify popular services and information within our website. We use this information to improve our services to you and to help develop improved services based on user interests, behavior and demographics. We do not link this automatically-collected data to personally identifiable information.
Personally Identifiable Information
Personally identifiable information refers to information that can be used to identify you, such as your name, email address, etc. In many cases, we ask for this information to allow you to post blog comments or submit email contact forms. The amount of personally identifiable information that we know about you is entirely up to you. We will only know personally identifiable information if you choose to share this information about yourself; however, some features or services may not be available unless we obtain a certain amount of personally identifiable information.
We collect personally identifiable information when you voluntarily provide it; for example, requesting technical support from third-party website technical service providers.
With respect to use of this website, collected information may be accessed by our management information services team or an affiliated third party providing technical support or maintenance for us. However, Western Wear Exchange makes it a practice to delete all personally identifiable information collected in various email contact forms throughout this website, once the information is submitted to Western Wear Exchange. Under no circumstances are these emails retained by the website software or related databases. Once such emails are received by Western Wear Exchange, personnel, no digital copy is retained online.
Cookies
We may also collect information through the use of “cookies”. When you visit our website for the first time, our server sends a cookie to your computer’s hard drive through your web browser. A cookie is a small text file that contains a unique identification number that is sent from us and stored on your computer. Cookies enable us to recognize your web browser whenever you visit our website through the unique identification number assigned to the cookie, and this information is stored to help facilitate your use of the website the next time you visit.
If you wish to find out how to prevent your browser from accepting new cookies, how to disable cookies altogether and how to monitor when you receive a new cookie, check the “help” feature of your web browser. However, not accepting or disabling cookies from our website may prevent you from accessing certain parts of our website.
Disclosure of and Access to Information
Anonymous and Personally Identifiable Information
As a general rule, we will not disclose your personally identifiable information to any unaffiliated third party, except when we have your permission or under special circumstances, such as when we need to treat the information collected through this website as an asset in the event of the merger or sale of Western Wear Exchange or a portion of our business. Your personally identifiable information may be accessed by our management information services team or an affiliated third party providing technical support or maintenance for us.
If we offer services using or in conjunction with an unaffiliated third party, we may need to share some or all of your personally identifiable information with that unaffiliated third party for purposes of providing the services to you. If you do not want your personally identifiable information to be shared, you can choose not to use that particular feature or service.
In some circumstances we may be required by law to disclose personally identifiable information. We will do so, in good faith, only to the extent we believe to be required by law. We may also disclose personally identifiable information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against a third party who may be violating our terms and conditions governing the use of our website, or who may be (intentionally or unintentionally) causing injury to or interference with your or our rights or property or those of a third party.
Membership
To use the password-protected member services available on this website, you may choose to become a “consignor” by registering as a member. Upon registration you will be assigned a unique member username and a password for access to the password-protected member services. Your member username and password should be kept strictly confidential to prevent unauthorized use. You are responsible for safeguarding and maintaining the secrecy of your member username and password at all times. You agree to notify Western Wear Exchange promptly of any unauthorized use of your member username and password. You will remain liable for any use of the member services unless and until you notify Western Wear Exchange of the unauthorized use of your member username and password. Western Wear Exchange may suspend your membership without notice to you in the event that you do not use the website for an extended period of time.
In consideration of your membership, you agree to: (a) voluntarily provide true, accurate and current information about yourself; and (b) to maintain and update this personally identifiable information to keep it true, accurate and current. Western Wear Exchange reserves the right to approve any member before the member may use the password-protected member services.
If any information provided by you is untrue or inaccurate, Western Wear Exchange has the right to terminate your membership and refuse to provide you with use of the password-protected member services, without benefit of refund. You understand that Western Wear Exchange assumes no liability for the accuracy of the personally identifiable information provided.
Security Measures
Western Wear Exchange has taken reasonable steps and has employed industry-standard practices and technology to ensure the integrity and confidentiality of personally identifiable information; but because even the most secure computer system can be violated, Western Wear Exchange cannot guarantee absolute security.
IMPORTANT: Please keep in mind that whenever you voluntarily disclose information about yourself in the public domain, for example, through bulletin boards, chat rooms, e-mails, it is likely to be collected and used by third parties. These third parties may use your information to contact you or for unauthorized purposes. Also, please remember that no one can guarantee the absolute security of information transmitted electronically.
Updating, Correcting and Deleting Personally Identifiable Information
We strongly believe in providing you with the ability to access, edit, or opt-out of providing personally identifiable information to us. Accordingly, at any time, you may amend, update or delete the information about you (or your child(ren)) contained in any registration profile you have completed with us, including any and all personally identifiable information, or stop receipt of a newsletter, by mailing your request to:
Western Wear Exchange
2809 Alta Mere
Fort Worth, TX 76116
Attn: Data Security
Links
Our website may contain links to other sites. These links are for your convenience only, and Western Wear Exchange makes no representations or endorsements whatsoever regarding such other sites. You should review the privacy policies of other sites carefully before providing any information to such website. Western Wear Exchange is not responsible for the privacy policies or procedures or the content of any other website.
Children
Our website is not intended for use by children. Children under the age of 13 may only use our website under the supervision of a parent or guardian. The website is not directed at children under the age of 13. Western Wear Exchange complies with the Children’s Online Privacy Protection Act (COPPA) and does not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age.
Western Wear Exchage’s Limited Warranties; Disclaimer of Liability; Indemnity by You
WESTERN WEAR EXCHANGE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING INFORMATION, CONTENT OR ITEMS APPEARING ON THIS WEBSITE. WESTERN WEAR EXCHANGE DOES NOT WARRANT THAT DOWNLOADS FROM THE WEBSITE WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER DATA ALTERING OR CONTAMINATING COMPONENTS. YOU ARE RESPONSIBLE FOR ENSURING THAT YOU HAVE IMPLEMENTED PROCEDURES TO PREVENT SUCH CONTAMINATING COMPONENTS FROM INFECTING YOUR COMPUTER AND ITS DATA.
WHILE WESTERN WEAR EXCHANGE TRIES TO KEEP THE INFORMATION ON THIS WEBSITE BOTH ACCURATE AND UP-TO-DATE, WESTERN WEAR EXCHANGE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, USEFULNESS, OR APPLICABILITY OF ANY INFORMATION, OR OTHER DATA OR ITEMS APPEARING ON THIS WEBSITE. WESTERN WEAR EXCHANGE WILL NOT BE LIABLE IN ANY EVENT TO ANY USER OF THIS SERVICE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION, CONTENT, OR OTHER ITEMS PRESENTED ON THIS WEBSITE.
IN NO EVENT SHALL WESTERN WEAR EXCHANGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, OR WEBSITES ACCESSED THROUGH THIS WEBSITE, AND/OR THEIR CONTENT OR INFORMATION. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
WESTERN WEAR EXCHANGE DOES NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO THIS WEBSITE, AND OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY FACTORS BEYOND WESTERN WEAR EXCHANGE CONTROL.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WESTERN WEAR EXCHANGE HARMLESS, AS WELL AS WESTERN WEAR EXCHANGE’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM YOUR VIOLATION OF THESE CONDITIONS OF USE OR THE USE OF THIS SERVICE.
Use of This Website Creates an Agreement
Your continued use of this website constitutes your agreement to this Privacy Policy. This Privacy Policy forms an agreement that is entered into and is subject to the laws of the State of Texas. Those laws will apply, except the choice of law statutes, in construing and interpreting this agreement. If any provision of this agreement is held to be unenforceable, invalid, void or voidable, by a court or other tribunal of competent jurisdiction, then such provision shall be given a limited effect or shall be eliminated to the extent necessary so that the remaining provisions of this agreement remain in full force and effect.
Prohibited Use of This Website
If you live in a state or country that has laws that would either (1) void or alter these terms and conditions or (2) make illegal the access or use of this website, then your use of this website is unauthorized; it cannot be sanctioned by Western Wear Exchange and you use the website at your own risk.
Disclaimer
This Privacy Policy only applies to information collected through this website. This Privacy Policy does not apply to personally identifiable information received or created by Western Wear Exchange from any of the following:
- Online search engines.
- Third-party websites to which this website links.
Contacting Us Regarding this Privacy Policy or the Website
If you have questions about this Privacy Policy or any other questions concerning the website, please contact:
Western Wear Exchange
2809 Alta Mere
Fort Worth, TX 76116
Attn: Data Security
Phone: (817) 738-4048
Changes to Privacy Policy
Western Wear Exchange may modify or change this Privacy Policy at any time. Such modifications or changes become effective immediately when they are posted to this website. You agree to review this Privacy Policy frequently so that you will be familiar with the terms. You further agree that each time you use this website that you are, by such use, consenting to the terms of this Privacy Policy that are applicable at your time of use.
