PRIVACY & TERMS
PRIVACY
& TERMS
PRIVACY
POLICY
INFORMATION
COLLECTED
TERMS
AND CONDITIONS
PRIVACY POLICY
This privacy statement has been developed to provide you with easy access to
information about our privacy practices regarding the Site.
About our privacy practices
In order to be able to improve the services which we provide to you, we collect certain information and use it to enhance the user experience. We analyze customer information in the aggregate – that is, we collect information about the many visits to the Site and analyze it as a whole. To assist us in collecting and analyzing this information, we are using a service company called NetIQ Corporation (“NetIQ”).
We collect anonymous
visitor information like IP addresses, browser types (such as Internet Explorer
or Netscape), referring pages, pages visited and time spent on the Site. This
non-personally identifiable information is collected for the following purposes:
(1) to provide us with anonymous statistical analysis of web page traffic patterns,
(2) to administer our Site and servers, (3) to allow for auditing of our services
by third parties, and (4) to improve our services. We control access to the
traffic analysis reports and NetIQ does not provide access to anyone other than
as we may request, such as to an auditing service. NetIQ does not collect individual
profile information for visitors across multiple sites and does not aggregate
information from any other sources about browsing patterns of individual visitors
across multiple sites.
Updates to our information practices
We are always looking for ways to improve the Site's features and services and to improve the way we communicate our information practices. As a result, this statement is updated from time to time. We encourage you to periodically review this page for the latest information on our privacy practices.
Questions or comments? Please contact us
For questions, comments or assistance with any privacy-related issues, we invite you to contact us at mailbox@aubuchon.com.
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In certain areas of the Site, we ask you to provide information by filling out and submitting an online form. Following is a list of the information we request, arranged by Site location, and details on how we use this information.
• Checkout. We ask for your name, address, telephone number and e-mail address (and, if different, the shipping name and address) so we can send you your order, and so we can contact you if we have a question about your order. We ask for name, billing address and credit card information so we can fulfill your order. We provide this information to the company or companies that process your order and credit card payment. We do not share any information with any other third parties.
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Information
we do not collect
When you visit our Site, we do not collect your name, e-mail address or any
other personal information unless you provide it to us.
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How we use e-mail
After you place
an order on our Site, you will receive an e-mail confirmation and, in most cases,
upon the shipment of your order, an e-mail with package tracking information.
If you provide your e-mail address only to make an inquiry, then we may send
you e-mail to follow up on your inquiry, but we will not use the address for
marketing purposes.
We do use e-mail as a means of receiving feedback from our customers, and we
encourage you to e-mail us at mailbox@aubuchon.com
with your questions or comments.
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Information
we do not share with others
Except for information disclosed to a third party for purposes of processing
your order or your payment as described above, we do not share any information
with third parties. We do not share, sell or trade information collected as
part of a survey or specific details about you or your household. We do not
contribute to or participate in shared or cooperative databases, which give
other companies access to your personal information. We do not release credit
card or financial information for use by other companies. For both privacy and
security purposes, all transactional information communicated during the ordering
process is transmitted in an encrypted format, and all credit card information
is stored in a highly secure computing environment. (See ONLINE SECURITY)
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Cookies
We use cookies, which are small bits of text that your web browser software stores on your computer when you visit some websites, only for more accurate traffic analysis. The cookie information does not include personal data such as name, age, phone number, e-mail address or mailing address. Most browsers are initially set up to accept cookies. If you would prefer, you can set your browser to reject cookies. We use customized JavaScript tracking code provided by NetIQ to track information about the Site visitors' activity. This code contacts NetIQ's servers, receives a response, and loads an image to the page. This 1x1 image is called a clear gif or web beacon.
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License and Site Access
The information published on the Site is provided without charge as a convenience to you to be used for informational purposes only. While reasonable efforts have been made to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time without notice.
You are granted a limited license to download material displayed on the Site for noncommercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without prior written permission or as permitted in the text on the Site.
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Copyright
Except as otherwise noted, everything you see or read on the Site regarding Brewster Wallpaper Corp.’s (“Brewster”) products, including but not limited to digital images, designs, the compilation of all content and all software used, is the property of Brewster or its content suppliers or other service providers and protected by United States and international copyright laws, and may not be used or reproduced except as provided in these Terms and Conditions or in the text on the Site without the prior written permission of Brewster or its content suppliers or other service providers, as applicable. Neither Brewster nor its content suppliers or other service providers warrant or represent that your use of materials displayed on the Site will not infringe rights of third parties.
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Trademarks
The trademarks, logos and service marks, including but not limited to BREWSTER, ANDOVER, BEACON HOUSE, BIRGE, DESIGNS FOR LIVING, ENCORE, FINE DÉCOR, INTERNATIONAL, JOLIE, KENNETH JAMES, MIRAGE, PARKVIEW DESIGNS, RALPH LAUREN CLASSICS and VINTAGE (collectively, the "Trademarks"), displayed on the Site are registered and unregistered Trademarks of Brewster 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 displayed on the Site without the prior written permission of the trademark owner, as applicable. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that any owner of Trademarks or other content, as applicable, will aggressively enforce its intellectual property rights to the fullest extent of the law.
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Disclaimers and Limitation of Liability
YOUR USE OF AND BROWSING IN THE SITE ARE AT YOUR OWN RISK. NEITHER RETAILER, BREWSTER, ANY OF THEIR AGENCIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATSOEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN SITUATIONS, SO THE FOREGOING DISCLAIMERS MAY OR MAY NOT APPLY TO YOU, EITHER IN WHOLE OR IN PART. RETAILER, BREWSTER AND THEIR AGENCIES AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
Retailer, Brewster and their agencies and any other party involved in creating, producing or delivering the Site do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the Site, and expressly disclaim liability for errors or omissions in these materials, nor do they make any commitment to update the information contained on the Site. Neither Retailer nor Brewster has reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of Retailer or Brewster.
Retailer, Brewster and their agencies and any other party involved in creating, producing or delivering the Site expressly disclaim all liability for the use or interpretation by others of information contained in the Site. Decisions based on information contained in the Site are your sole responsibility, and in exchange for using the Site you agree to hold Retailer, Brewster and their agencies and any other party involved in creating, producing or delivering the Site and its and their respective parents, affiliates and subsidiaries and each of their stockholders, directors, officers, employees and agents harmless from and against any and all claims and damages arising from use of the Site and from any decisions that you make based on such information. Nothing contained in the Site constitutes investment advice.
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Other Businesses
Reference in the Site to any products, services, processes, hypertext links or other information, by trade name, trademark, manufacturer, supplier or otherwise does not necessarily constitute or imply Retailer’s endorsement, sponsorship or recommendation.
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Communications with Retailer
Technical questions or comments about the Site may be directed to mailbox@aubuchon.com. By providing information (such as feedback, data, answers, questions, comments, suggestions, plans or ideas) to Retailer, you agree that such information shall be non-confidential and that Retailer and its content suppliers and other service providers shall have unlimited rights to use (or not use), distribute (or not distribute), reproduce (or not reproduce), and disclose (or not disclose) such information worldwide as any of them deems appropriate, without compensation or acknowledgment of its source. Retailer, Brewster and their content suppliers and other service providers shall be free to use any ideas, concepts, know-how or techniques contained in information you provide through the Site.
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Applicable Law
You are accessing the information on the Site on a server in Massachusetts. You agree that these Terms and Conditions and your use of the Site shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws rules. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Boston, Massachusetts in all disputes arising out of, relating to or concerning this Site and/or these Terms and Conditions.
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Modification of Policies
Retailer may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Rev. January 2004
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