Last Updated: 11/20/2020.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OROUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMSAND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BYREFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER,OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONSBEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLYAGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOTACCESS OR USE OUR SITE OR OUR SERVICES.The present terms and conditions (this "Agreement" or "Terms") is a legal agreement betweenyou and William Mahoney Inc. Corporation (hereinafter " William Mahoney"), a company dulyorganized and validly existing, located at 2903 Duncan Rd, Wilmington, Delaware19808.ThisAgreement annuls and voids all previous agreements.OVERVIEWThe Site (https://www.williammahoney.us/) is operated by William Mahoney. Throughout the Site,the terms "we", "us" and "our" refer to William Mahoney. William Mahoneyoffers this Site,including all information, tools and services available from this Site to you, the user, conditionedupon your acceptance of all terms, conditions, policies and notices stated here.By visiting our Site and/or purchasing something from us, you engage in our "Service" and agreeto be bound by the following terms and conditions, including those additional terms and conditionsand policies referenced herein and/or available by hyperlink. These Terms apply to all users ofthe Site, including without limitation users who are browsers, vendors, customers, merchants,and/or contributors of content. In the event of an inconsistency between this Agreement and anyadditional terms or policies referenced herein, the provisions of the additional terms or policiesshall control.Please read these Terms carefully before accessing or using our Site. By accessing or using anypart of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of thisAgreement, then you may not access the Site or use any Service. If these Terms are consideredan offer, acceptance is expressly limited to these Terms.Any new features or tools which are added to the current store shall also be subject to the Terms.You can review the most current version of the Terms at any time on this page. We reserve theright to update, change or replace any part of these Terms by posting updates and/or changes toour Site. It is your responsibility to check this page periodically for changes. Your continued use ofor access to the Site following the posting of any changes constitutes acceptance of thosechanges.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your stateor province of residence, or that you are the age of majority in your state or province of residenceand you have given us your consent to allow any of your minor dependents to use this Site.You may not use our products or Site for any illegal or unauthorized purpose nor may you, in theuse of our products or Site, violate any laws in your jurisdiction (including but not limited to motorvehicle laws).You must not transmit any worms or viruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediate termination of your accountand right to use our Service.We have the right, but not the obligation, to take any of the following actions in our sole discretionat any time and for any reason without giving you any prior notice:1. Restrict, suspend or terminate your access to all or any part of our Site;2. Change, suspend or discontinue all or any part of our products or Site;3. Refuse, move, or remove any content that is available on all or any part of our Site;4. Deactivate or delete your accounts;5. Establish general practices and limits concerning use of our Site.You agree that we will not be liable to you or any third party for taking any of these actions.You understand and agree that our Site may include communications such as serviceannouncements and administrative or legal notices from us. Please note that you cannot opt outof receiving these notices.You understand that your content (not including credit card information), may be transferredunencrypted and involve (a) transmissions over various networks; and (b) changes to conformand adapt to technical requirements of connecting networks or devices. Credit card information isalways encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use ofthe Site, or access to the Site or any contact on the Site, without express written permission byus.You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, createderivative works, or in any way exploit any of the content, in whole or in part, found on the Site.William Mahoney content is not for resale. Use of the Site does not entitle users to make anyunauthorized use of any protected content, and in particular you will not delete or alter anyproprietary rights or attribution notices in any content. You will use protected content solely foryour personal use, and will make no other use of the content without the express writtenpermission of William Mahoney and the copyright owner. You agree that you do not acquire anyownership rights in any protected content. We do not grant you any licenses, express or implied,to the intellectual property of William Mahoney or our licensors except as expressly authorized bythese Terms.
Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2012 will receive information regarding 2011 sharing activities).
- Links to Third Party Websites
This Site contains links to other websites. William Mahoney Inc.takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.
- User-Generated Content & Information Disclosure
Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, Be the Buyer comments, on social media pages, in connection with contests and promotions, and on the William Mahoney Inc. blog) becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. Your membership name, email, or other information may also be displayed when you post comments or upload images throughout the Site. ModCloth.com is not responsible for the personal information users select to disclose in these forums. To request removal of your personal information from our blog or community forum, contact us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
- Social Media Features and Widgets
- Payment, Shipping, Referral, & Other Programs
We use a third party payment processor and a third party shipping agent to ensure the payment and delivery of your purchased products. We also use a third party to administer our referral program. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.
We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, as William Mahoney Inc., in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of William Mahoney Inc.’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.