Terms of Service
TERMS OF SERVICE
SECTION 1 - LIMITED LICENSE
The Web site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs and images (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided through this Web site as a service to its current and prospective visitors and may be used only for personal, informational, and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title of our Materials, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; you may not access or use this Web site for any competitive or commercial purpose; or may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us, as applicable.
SECTION 2 – TRADEMARKS
We retain all rights regarding our brand names and trademarks. These names or marks, and all associated logos or images, are common law trademarks of Mayfair South, LLC. and they are protected by U.S. and international laws and treaties. No license to the use of such names and marks is granted to you under these Terms or by your use of this Web site. Your misuse of our trademarks displayed on this Web site is strictly prohibited.
SECTION 3 - YOUR COMMUNICATIONS
We may, but are not obligated to, use (in any way we see fit) any photographs, images, or text (collectively “User Submissions”) contained in any communication you send or provide to us for any purpose whatsoever including, but not limited to, social media, advertising, promotion, entertainment, commercial purposes, and developing, manufacturing and marketing products. Accordingly, we may use, edit, copy, display, publish, remove, prepare derivative works from, exhibit, or otherwise broadcast the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed, all without any payment to or further authorization by you. You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of their publication on our Web site and/or social media pages (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Submissions are appropriate, whether they comply with these Terms, our standards, and applicable law, and whether they may be posted or removed.
SECTION 4 – LINKING
Periodically, links to this Web site may be established from external Web sites or resources operated by third parties (the “Third Party Sites”). None of these links should be deemed to imply that we endorse the Third Party Sites or any content therein. We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available through such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such Web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
SECTION 5 - OUR PRODUCTS
All features, specifications, products and prices of products and services described on this Web site are subject to change at any time without notice. From time to time there may be information on this Web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Web site. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site, however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Web site does not imply or warrant that these products or services will be available at any particular time.
SECTION 6 - UNDELIVERABLE SHIPMENTS
If for any reason, a package is undeliverable by the shipping carrier, it will be considered abandoned. If the package is returned to us, we will make every reasonable effort to contact you for a revised shipping address. If we cannot reach you, we will refund you the cost of the items (excluding the initial cost of shipping, and any associated fees we were assessed to have the items returned to us). If we do receive a revised shipping address from you, we will then reship to the revised address after receiving payment for the additional cost of reshipping. If the package is NOT returned to us, you will be responsible for all charges related to the abandoned package including the cost of the merchandise.
SECTION 7 - ORDER ERRORS AND DEFECTIVE MERCHANDISE
Mayfair South’s online boutique prides itself on offering the highest quality merchandise and fulfilling customer orders accurately. All orders are expected to meet our high quality control standards. Should you notice any errors or defects with the items in your order, you must notify us at firstname.lastname@example.org within 48 hours of receipt of the shipment. We reserve the right to rectify the error within a reasonable time frame.
SECTION 8 - DISCLAIMER OF WARRANTY
Access to this Web site, as well as the products and services provided to our customers and prospective customers, are sold “as is” and “as available” and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or non-infringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Mayfair South, LLC reserves the right to block or deny access to the Web site to anyone at any time for any reason.
SECTION 9 – JURISDICTION
We control this Web site from our office located at 1818 28th Avenue South, Suite B, Homewood, Alabama 35209. We do not imply that the materials published on this Web site are appropriate for use outside of the United States. If you access this Web site from outside of the United States, you do so on your own initiative, at your own risk and you are responsible for compliance with local laws. The Terms of this Web site and the Privacy Practices of this Web site, as well as the products and services provided to our customers and prospective customers, shall be governed by the laws of the state of Alabama, without regard to the conflicts of laws provisions therein. IF YOU HAVE A DISPUTE WITH US ARISING FROM YOUR USE OF THIS WEBSITE (INCLUDING ANY PURCHASES OF PRODUCTS OR SERVICES), YOU AGREE THAT ANY DISPUTE MUST BE FILED AND ADJUDICATED IN THE STATE OR FEDERAL COURT ENCOMPASSING HOMEWOOD, ALABAMA. YOU FURTHER AGREE TO SEEK NON-BINDING MEDIATION OF ANY DISPUTE BEFORE A MUTUALLY AGREEABLE NEUTRAL PRIOR TO INITIATING ANY LITIGATION AGAINST US.
SECTION 10 - LIMITATION OF LIABILITY
In no event will Mayfair South, LLC be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked Web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Mayfair South, LLC is expressly advised about the possibility of such damages. You agree that Mayfair South, LLC and mayfairsouth.com’s liability for damages is limited to the amount that You paid for any products or services and that We shall not be liable for punitive, exemplary, consequential or special damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.
SECTION 11 – INDEMNITY
You understand and agree that you are personally responsible for your behavior on this Web site. You agree to defend, indemnify and hold harmless mayfairsouth.com, Mayfair South, LLC and any member, owner, director, officer, employee, business partner, supplier, agent, reseller, owner, and any third-party information provider of mayfairsouth.com, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use, misuse or inability to use the Web site or violation of any of these Terms. This defense and indemnification obligation will survive these Terms and your use of the Web site.
SECTION 12 - ACCOUNT CREATION
SECTION 13 – ORDERS
SECTION 14 – REVISIONS
We may terminate, change, suspend or discontinue any aspect of this Web site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time and without notice. Accordingly, this means we may terminate the authorization, rights and license given in these Terms at any time and without notice. Your continued use of this Web site after any changes to these Terms are posted will be considered acceptance of those changes.
We collect personal information when you make a purchase and also when you opt to create an account with us (we do not require that you create an account to be able to view or purchase our products). We also collect personal information if you provide it to us indirectly, for example, through our social media pages, email, phone, etc.
We automatically receive and record other non-personally-identifying information (“non-personal information”) whenever you visit our Web site, for example, your IP address, cookie information, and the pages you visit. We use non-personal information for the following general purposes: improve our services, track visitor traffic and fine tune Web site performance.