Legal Info
Terms and Conditions
Welcome to vemayca.com (“Site”). Vemayca LLC and/or its affiliates (“Vemayca”) provide website features to you subject to the following Terms and Conditions. If you visit or shop at Site you accept these Terms and Conditions. Please read them carefully.
Privacy
Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Site are accurate, complete, reliable, current, or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the price displayed for products on the Site represents the full retail priced listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice.
Intellectual Property
Copyrights
All content included on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, and the compilation thereof (collectively, the “Content”) is the exclusive property of Vemayca, and is protected by United States and international copyright laws. All software used on this Site is the property of Vemayca or of its software suppliers and is protected by United States and international copyright laws.
Trademarks
Vemayca, Life Beautifully Organized and Soft Pearl Liner are trademarks of Vemayca in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in the “General” section below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.
Vemayca’s trademarks and trade dress may not be used in connection with any product or service that is not provided or sponsored by Vemayca, in any manner that is likely to cause confusion among customers or in any matter that disparages or discredits Vemayca.
Patents
Vemayca has a patent pending for its products featured on the Site.
Copyright Complaints
Vemayca and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please communicate with us by letter at the address listed below or to the following email address:copyright@vemayca.com.
License and Site Access
Vemayca grants you a limited license to access and make personal use of this Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Vemayca. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold or resold, visited, or otherwise exploited for any commercial purpose without express written consent of Vemayca. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Vemayca and our affiliates without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Vemayca’s name or trademarks without the express written consent of Vemayca. Any unauthorized use terminates the permission or license granted by Vemayca. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Vemayca so long as the link does not portray Vemayca, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Vemayca reserves the right in its sole discretion to determine if a link is inappropriate. You may not use any Vemayca logo or other proprietary graphic or trademark as part of the link without our express written permission.
Communications
Visitors to the Site may submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false E-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content. Vemayca may use customer compliments on the Site as testimonials. If you do submit material, and unless we indicate otherwise, you grant Vemayca a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You grant Vemayca and sub- licensees the right to use the name that you submit in connection with such content, if it chooses.
Electronic Communications
When you visit the Site, or 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 posting notices to the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. (Not responsible for E-mails sent by Vemayca that do not reach intended recipient due to firewalls or other E-mail filters).
General
You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy and our Purchase Policy pages, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change the Site, Content, pricing, policies and these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. In addition, if anything contained in the Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
In addition to applicable disclaimers stated above, Vemayca's performance under these Terms and Conditions shall be excused in the event of interruption and/or delay due, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
Disclaimer of Warranties and Limitations of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY VEMAYCA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. VEMAYCA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VEMAYCA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VEMAYCA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTING (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM VEMAYCA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VEMAYCA OR ITS OFFICERS OR ITS AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting Site, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Vemayca or its affiliates.
Disputes
Any dispute relating in any way to your visit to Site or to products you purchase through Site shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate Vemayca’s intellectual property rights, Vemayca may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Our mailing address:
Vemayca, LLC
P.O. Box 1551
Bellevue, WA 98009-1551
Copyright © 2011 Vemayca LLC All rights reserved.
Privacy Policy
vemayca.com (“Site”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our Privacy Policy. It is important for you to understand what information we collect about you during your visit and what we do with that information. Your visit to the Site is subject to this Privacy Policy and our Terms and Conditions.
- Collection of Personally Identifiable Information
We do not collect personally identifiable information about you, except when you provide it to us. For example, if you decide to complete a user registration form or online survey, you may be asked to provide certain information such as your contact information (name, E-mail address, mailing address, and telephone number), age group, gender and product concerns, and the brands and products you use. If you decide to place an order, we will also need to know your delivery and billing address, credit card number and expiration date. To protect your personal information, users registering at the Site must also enter a user name/email address and password. If you would prefer that we not collect any personally identifiable information from you, please do not provide us with any such information. When you submit your personally identifiable information on the Site, you are giving your consent to the collection, use and disclosure of your personal information as set forth in this Privacy Policy.
- Use of Personally Identifiable Information
If you have elected to provide us with your contact information, e.g., by registering at the Site, E-mailing our Customer Service department or placing an order, we may provide you with service related announcements concerning the Site or contact you regarding your customer service requests or your order. For example, all customers will receive an E-mail to confirm their order. These types of communications are necessary to serve you, respond to your concerns and to provide the high level of customer service that vemayca.com offers its customers.
- Non Disclosure of Personally Identifiable Information
vemayca.com will never provide your personally identifiable information to third parties for their use in marketing their products or services to you without your consent.
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Disclosure of Personally Identifiable Information
- Fraud Protection and Compliance with Law
We may disclose any information, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information, including personally identifiable information, with other companies and organizations for credit fraud protection and risk reduction. - Service Providers
We may retain other companies and individuals to perform functions consistent with our Privacy Policy on our behalf. Examples include customer support specialists, webhosting companies, fulfillment companies (e.g., companies that fill product orders or coordinate mailings), data analysis firms and E-mail service providers. Such third parties may be provided with access to personally identifiable information needed to perform their functions, but may not use such information for any other purpose. - Special Promotions
If you elect to participate in any promotions, sweepstakes, surveys, questionnaires or other events during your visit to our Site, the rules or terms and conditions for those events may indicate that your personally identifiable information will be shared with third parties. By choosing to participate and submitting your personally identifiable information with respect to such events, you consent to disclosure of your personally identifiable information to such third parties.
- Fraud Protection and Compliance with Law
- Cookies and IP Addresses
A cookie is a piece of data that enables us to track and target your preferences. We may place a "cookie" on your computer's hard drive so we can recognize you as a return user and personalize your experience and your use of our Site. The cookie will be stored on your computer's hard drive until you remove it. We may also use temporary or "session" cookies to help you shop. You can have your browser notify you of, or automatically reject, cookies. If you reject our cookies, you may still use the Site, but you may be limited in the use of some of the features. We may also use IP addresses to analyze trends, administer the Site, track traffic patterns, and gather demographic information for aggregate use, as well as in combination with your personally identifiable information for credit fraud protection and risk reduction. We are continuously working to make your experience on our Site better. To this end, we may retain third parties to assist us in better understanding your use of our Site. This third party may place cookies on your computer to collect information on our behalf that will show us how you come to our Site and how you use and navigate our Site. Any third party that is involved will be required to maintain all information collected on our behalf in confidence. Some of our other business partners and service providers may also use cookies on the Site. However, we have no access to, or control over, these cookies and do not accept any responsibility for such use.
- Pixel Tags and Tracking Technology
When you visit this Site or view one of our E-mails, we may use pixel tags (also called “clear” gifs), tracking links and/or similar technology to note some of the pages you visit on our Site and personalize your experience. We may also use pixel tags to determine what types of E-mail your browser supports. We may use the information collected through pixel tags, tracking links and similar technology in combination with your personally identifiable information.
- Use of Aggregate Information
We may use the information you provide in aggregate (non-personally identifiable) form for internal business purposes, such as generating statistics and developing marketing plans. We may collect, store or accumulate certain non-personally identifiable information concerning your use of the Site, such as information regarding which of our pages are most popular. We may share or transfer non-personally identifiable information with or to our affiliates, licensees and partners.
- Links
The Site may contain links to or from other websites. Please be aware that we are not responsible for the privacy policies or other practices of other websites. This Privacy Policy applies only to the information we collect on the Site. We encourage you to read the privacy policies of other websites you link to from the Site or otherwise visit.
- Security
We implement various security measures in accordance with industry standards to protect the security of your personal information both online and offline. If you have any questions about security at the Site, please send us an E-mail.
- Notification of Changes
We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your personally identifiable information will be based on the Privacy Policy in effect at the time the information is used.
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