Legal

Intellectual Property

WinterScarf.com LLC views intellectual property as a strategic asset that provides significant value to the company and its customers and partners. We actively and aggressively enforce our intellectual property rights to the fullest extent of the law. The 360 Scarf^® is a patented product of WinterScarf.com LLC. The 360 Scarf^® is a registered trademark of WinterScarf.com LLC. It is a violation of United States and International patent law to reproduce the 360 Scarf^® for sale or distribution. The illegal copying of patented and trademarked property is a crime! In the United States and many other countries, copyright law provides for severe civil and criminal penalties for the unauthorized reproduction or distribution of patented and copyrighted material. Under U.S. law, infringement may result in civil damages of up to $150,000 and/or criminal penalties of up to five years imprisonment and/or a $250,000 fine. Violators will be prosecuted to the fullest extent of the law.

Terms and Conditions

1. Privacy
Please review our Privacy Policy, which also governs your visit to the website, so that you may understand our privacy practices.
2. Purchase Related Policies
For specific policies related to orders placed through this website (such as order processing, shipping and handling, returns and exchanges), click here.
3. Accuracy of Information
Our goal is to provide complete, accurate, up-to-date information on our website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions - including after an order has been submitted - and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause.
4. Intellectual Property
All content available on the website, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (the "content") is the property of WinterScarf.com LLC., our affiliates, our partners or our licensors, and is protected by United States and international copyright laws.
The trademarks, logos, and service marks displayed on the website (collectively, the "Trademarks") are the registered and unregistered marks of WinterScarf.com LLC, our affiliates, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by us, our affiliates, our partners or our licensors that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license in Section 5 below, or as required under applicable law, neither the content, the Trademarks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
5. Limited License
You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with www.WinterScarf.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, is strictly prohibited.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the website. Please note that you may not frame or utilize framing techniques to enclose the website or any portion thereof without our prior written consent.
The limited license set forth in this Section 5 does not include the right to: (i) modify or download the website or its contents (except caching or as necessary to view content); (ii) make any use of the website or its content other than personal use; (iii) create any derivative work based upon either the website or its content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks without our express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the website for personal, non-commercial use only. A website that links to the website (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the website other than the home page. We may, in our sole discretion, request that you remove any link to the website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the website terminates the limited license set forth in this Section 5 without prejudice to any other remedy provided by applicable law.
6. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the website on someone else's behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the website resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
7. Third Party Links
We are not responsible for the content of any off-website pages or any other websites linked to or from the website. Links appearing on the website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
In addition, our privacy practices may differ from those of these other websites. If you provide personal information at one of those websites, you are subject to the privacy policy of the operator of that website, not the WinterScarf.com LLC privacy policy. Make sure you understand any website's privacy policies before providing personal information.
8. Submissions
We welcome inquiries or feedback on the products you use or might like to purchase, however it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that such submission does not constitute or contain software viruses, 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 us as to the origin of any submission. You agree to indemnify us for all claims arising from your claims to any rights in any submission.
9. Representations and Warranties; Limitation of Liability
We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided "as is," with all faults. Except as otherwise provided under applicable laws, we and our corporate affiliates, and the directors, officers, employees, agents, contractors, successors and assigns of each, will not be liable for any damages whatsoever arising out of or related to the use of this website or any other website linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.
10. Indemnification
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
11. Disputes
Any dispute relating in any way to your visit to our website or to products purchased here shall be submitted to confidential arbitration in Cumming, Georgia. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court with jurisdiction, whether or not it is in Georgia. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules 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 with respect to this website or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
12. Confidentiality
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this website. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
13. Applicable Law
By visiting this website, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.
14. General
You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the website, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the website. Any changes are effective immediately upon posting to the website. Your continued use of the website 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 website.
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 the 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 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.
If you have any questions regarding these Terms and Conditions, please contact us by e-mail info@WinterScarf.com or write to us at:
WinterScarf.com LLC
1475 Haddenham Dr
Cumming, GA 30041

Security
We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing security systems and password protections that guard against unauthorized access. Our website uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL encrypts ordering information such as your name, address and credit card number. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.

Privacy Policy
This Privacy Policy was last updated on June 14, 2010.
Providing our customers the highest quality products and services, we use information from our interactions with you and other customers, as well as from other parties. Because we respect your privacy, we have implemented procedures designed to handle your personal information in a safe, secure, and responsible manner.
As we take advantage of advances in technology to improve the services we offer, we will post them only on this website and encourage you to refer to this policy on an ongoing basis to understand our current privacy policy.

The Information We Collect
Generally, you may browse the website without providing any personally identifiable information. However, we may ask you to provide personally identifiable information at various times and places on this website. In some cases, if you choose not to provide us with the requested information, you may not be able to access this entire website or participate in all of its features.
We receive and store any personally identifiable information you enter on the website, whenever you shop with WinterScarf online or any other information you give us. For example, we may collect the following personally identifiable information: your name, address, telephone number, and e-mail address. If you use a credit or debit card, we will also include your account number. We may also collect personal information about you from third parties, such as demographic firms, to make our future marketing efforts more efficient.
When you register with us as an online customer, we may ask for additional information, such as your favorite product or a general testimonial.
If you use one of our services or participate in one of our promotions or sweepstakes, we may ask for additional information, such as your age, interests, or product preferences.
From your purchases and other interactions with us, we obtain information concerning the specific products or services you purchase or use.
When you visit this website, our web server automatically collects anonymous information such as log data and IP addresses. We may use the automatically collected information for a number of purposes, such as improving our website design, product assortments, customer service, and special promotions.

How We Use the Information We Collect
We use the information we collect for various purposes, including:

• to complete your purchase transactions
• to provide the services you request
• to send you our catalogs and other offerings by mail
• to keep you informed about the status of your orders
• to identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
• to notify you of product recalls or provide other information concerning products you have purchased
• to improve our merchandise selections, customer service, and overall shopping experience

Who we Disclose the Information To
We may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide us storage and analysis; (d) provide fraud prevention services; and (e) other services designed to assist us in maximizing our business potential.
Other companies: We may provide information to carefully selected outside companies when we believe their products or services may be of interest to you.
Business Transitions: We may transfer or share personal information about you if WinterScarf.com LLC. goes through a business transition such as a merger, acquisition, or sale of all or part of its assets in these situations. You will be notified via e-mail or prominent notice on our website prior to a transfer or control of your personal information, if your personal information will be used contrary to this policy. However, nothing in this Privacy Policy is intended to interfere with the ability of WinterScarf.com LLC to transfer all or part of its business and/or assets to an affiliate or independent third party at any time, for any purpose, without any limitation whatsoever. WinterScarf.com LLC specifically reserves the right to transfer or share a copy of personally identifiable information collected from its websites to the buyer of that portion of its business relating to that information.

Compliance with Law
We may provide access to information when legally required to do so to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our website, to limit our legal liability and protect our rights or to protect the rights, property, or safety of visitors of this website or the public.

Your Choices Regarding Use of the Information We Collect:
We provide you with a number of choices regarding our handling of your personally identifiable information.
Direct Mail Marketing: If you wish to be removed from the list of customers that receive direct mail, please either: write to:
WinterScarf.com LLC
1475 Haddenham Dr
Cumming, GA 30041
or e-mail info@WinterScarf.com.
If you choose to write to us, please include your name, address, phone number, and e-mail address and state "NO MAIL OFFERS" if you don't want to receive offers by mail.
Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. We appreciate your patience and understanding in giving us time to carry out your request.

Your California Privacy Rights
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information we share with third parties or corporate affiliates for those third parties for direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address:
WinterScarf.com LLC
1475 Haddenham Dr
Cumming, GA 30041.
Please allow 30 days for a response.

E-mails
If you do not want to receive promotional e-mail from WinterScarf or its affiliates you can click on the unsubscribe link and hit send at the bottom of any e-mail communication sent by us. Please allow us 30 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

Cookies and how We Use Them
Our website uses "cookie" and "web beacon" technology. We use cookies and web beacons to distinguish you from other visitors, track your IP address and usage of our website, and to identify the name of the website from which you linked to www.WinterScarf.com. This information is used for fulfilling contracts with our business partners and to help us serve you better by improving our website design, as well as our products, services, and promotions. We do not otherwise track any information about your use of other websites. Non-personally identifiable information obtained through cookies and web beacons may be shared with or obtained by service providers on our behalf.
A cookie is a small data file that is placed on the hard drive of your computer when you visit a website. A "session cookie" expires immediately when you end your session (i.e. close your browser). A "persistent cookie" stores information on the hard drive so when you end your session and return to the same website at a later date, the cookie information is still available. A web beacon is a small string of code that represents a clear graphic image and is used in conjunction with a cookie.
When you visit our website, we may use both a session and a persistent cookie. This cookie may contain information (such as a unique user ID) that is used to track your usage of our website and in some cases, your e-mail address. A web beacon allows us to capture certain additional types of information about a visitor's actions on a website, such as a visitor's cookie number, the time, date, duration, and number of page views, a description of the page where the Web beacon is placed, and details about any items that were purchased.
If you register with us, your cookie allows us to recognize you when you return to our website and provides you with access to your account information. If you save your information with or order from us, we may also use cookies to monitor and maintain information about your use of our website. If you have not saved your information with or ordered from us, we may monitor and maintain information about your use of our website in a manner that does not identify you. You can disable cookies at any time by using your browser options; however, if you turn off cookies, we may not be able to track your order or enable you to make a purchase from our website. In addition, we may not be able to recognize you as a registered user to allow you access to your account information.

Children's Privacy
Our website is a general audience website. No part of our website is targeted to attract anyone under 13. Our online sweepstakes are restricted to entrants who are at least 18 years old.
Children under the age of 13 should always ask their parents or guardians for permission before providing any personal information to anyone online. We urge parents and guardians to participate in their children's online activities and use parental control or other web filtering technology to supervise children's access to the web.

Links to Other Websites
While visiting www.WinterScarf.com, you may link to websites operated by our business partners or other third parties. This does not mean that we endorse companies, their products, or their websites. We do not make any representations or warranties about any website you may access through www.WinterScarf.com. They are independent from us, and we have no control over or responsibility for their information or activities.
In addition, our privacy practices may differ from those of these other websites. If you provide personal information at one of those websites, you are subject to the privacy policy of the operator of that website, not the WinterScarf.com LLC privacy policy. Make sure you understand any website's privacy policies before providing personal information.

Online Account Registration
To make online shopping faster and easier, you may register with www.WinterScarf.com. As a registered customer, you only have to enter your shipping addresses and billing information once; they will be securely stored with us for your future use. Using your name and a password of your choice, you may access your account online at any time to add, delete, or change information.
If you are using a public computer, we strongly encourage you to LOG OUT at the conclusion of your session. Your information will still be stored with us but it will not be accessible to anyone else from that computer.

Acceptance
By using this website, you accept the policies set forth in this Privacy Policy.
Any questions?
We'll be happy to provide additional information or answer any questions. Please:

• E-mail info@WinterScarf.com
• Write: WinterScarf.com LLC, 1475 Haddenham Dr., Cumming, GA 30041

Mac User Advisory
Macintosh users must place their online orders using Safari or Firefox. These browsers allow us to offer our customers the highest level of security; other browsers prevent users from viewing secure pages during the checkout process. We apologize for any inconvenience.

Conditions of Use, Notices and Disclaimers
When you use this website, you are automatically agreeing that both your access to the website and your use of it are:

• Subject to the terms and conditions in this legal notice, which may change at any time without notice.
• Subject to all applicable laws.
• Undertaken at your own risk.
• Please refer to this page frequently to review our current terms and conditions of use.

Protecting Your Information
As part of our ongoing commitment to ensure that your shopping experience with www.WinterScarf.com is protected, WinterScarf.com LLC will prosecute all unauthorized or fraudulent transactions to the fullest extent allowed by law.