September 7, 2017

Privacy Policy

We take great pride in endeavoring to secure personally identifiable information that identifies you that is in our custody and control. This is important to our company. If you have any questions or concerns, please don’t hesitate to contact us. The following is our privacy statement.

SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personally identifiable information you give us such as your name, address and email address. When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 – CONSENT

How do you get my consent?
When you provide us with personally identifiable information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for personally identifiable information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in or after having not initially taken an opportunity to opt-out, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at help@themarblejar.com.

SECTION 3 – DISCLOSURE

We may disclose personally identifiable information to process an order, if we are required by law or court order, to investigate fraud, to protect our business or assets or to protect our customers,  or to enforce our Terms of Service or other agreements. If our store is acquired or merged with another company, personally identifiable information may be transferred to the new owners.

SECTION 4 – SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data behind a firewall using reasonable administrative, physical and technical security.

Payment

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted in accordance with the Payment Card Industry Data Security Standard (PCI-DSS). Your cardholder data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your cardholder data is deleted.

Shopify, like all direct payment gateways, adheres to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help secure credit card information.

For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

SECTION 5 – THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose personally identifiable information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located and your personal data may be transferred outside of your country.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be transferred to the United States and then be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 – SECURITY

We take reasonable precautions and follow prevailing industry practices to safeguard personally identifiable information in our custody and control. However, despite our efforts, our systems, like all other systems, is not 100% secure.

SECTION 7 – COOKIES

We use cookies. These cookies may include those listed below.  You may be able to opt-out of cookies using the controls in your Internet browser.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single guest.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

SECTION 8 – AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personally identifiable information we store about you, register a complaint, or simply want more information contact us at help@themarblejar.com.

Ownership of Site; Agreement to Terms of Use

THIS WEBSITE (“SITE”) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The Marble Jar, LLC. and or its affiliates and subsidiaries (hereafter “The Marble Jar”) reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, The Marble Jar grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

The Marble Jar reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) to delete or remove (without notice) any user content or account; and or (5) to terminate access of any user in its sole discretion, for any reason or no reason.

Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

The Marble Jar, THEIR AFFILIATES, SUBSIDIARIES, LICENSORS AND SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although The Marble Jar attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform The Marble Jar so that it can be corrected. Information contained on the Site may be changed and or updated without notice. In the event of inaccurate price or description of a product, The Marble Jar will contact the customer with accurate information and/or price difference if the product has been purchased.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to The Marble Jar with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

The Marble Jar may have trademarks, services marks or registered trademarks of The Marble Jar, including, but not limited to, Brave Leaders™, COURAGEworks™, Brené Brown™, Rising Strong™, The Reckoning. The Rumble. The Revolution.™, and Leaders Rising™, which are proprietary marks of The Marble Jar or its affiliates. The Marble Jar’s proprietary marks may not be used in connection with any product or service that is not provided by The Marble Jar in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Marble Jar.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium, for publication or distribution or for any commercial enterprise, without The Marble Jar’s express prior written consent.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. The Marble Jar reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any The Marble Jar server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of The Marble Jar.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or The Marble Jar systems or networks, or any systems or networks connected to the Site or to The Marble Jar.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to The Marble Jar on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Marble Jar or others.

You may not use this Site for any abusive or illegal purpose. You may not harm others in any way. You may not use the Site to perform any form of bullying, threatening, cyberstalking, intimidation, or any other type of harassment. The Marble Jar reserves the right to contact appropriate legal authorities in the event that you are suspected to have performed such actions.

You may not post content that contains pornography, excessive violence, or is otherwise offensive, vulgar, explicit, or obscene. The Marble Jar reserves the right to contact appropriate legal authorities in the event that you are suspected to have violated the terms of this section. You own all of the content and information you post. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with our Site. Any content or information you post may be viewed everyone and may use that information, and to associate it with you (i.e., your name and profile picture). By posting you represent that you have the right and authority to post such content. You agree that you are solely responsible for any content you upload, including without limitation, its accuracy, adequacy and timeliness. Prior to uploading such content you agree to scan such content for viruses and malicious code to ensure such uploaded content does not include viruses or malicious code, and you agree to confirm that the content does not include or link to any libelous, obscene, pornographic, illegal or inappropriate content. You understand that The Marble Jar is not reviewing or editing uploaded content. To the fullest extent permitted under law, you agree, on behalf of yourself, and your employer, in all capacities, including individually, agree to defend, indemnify and hold The Marble Jar, its officers, directors, employees and agents harmless from any and all losses, claims, detriment, damages, charges, costs and expenses. By uploading content, you agree to grant and you hereby grant an irrevocable, nonexclusive, paid-up, transferable license to use the content uploaded. ANY THIRD PARTY CONTENT MADE AVAILABLE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

We always appreciate your feedback or other suggestions, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

You may not use the Site in a manner that: (1) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (2) violates any law, statute, ordinance or regulation; (3) is defamatory, trade libelous, threatening, unlawfully harassing, indecent, abusive, obscene, or contains child pornography; (4) that you know contains Viruses; (5) that you know will materially damage, disable, overburden or impair the Site or any other party’s use of the Site; or (6) that you know contains links to any sites that do any of the aforementioned prohibited acts.  In addition, you are prohibited from using the Site to send spam, either directly or indirectly, or that in any way violates The CAN-SPAM Act of 2003, 15 U.S.C. 7701, as amended.

The Marble Jar does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any user.

Purchases; Other Terms and Conditions

Please refer to the Terms and Conditions of Purchase prior to making any purchase from the website. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

The Marble Jar’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

The Marble Jar may make changes to or discontinue the availability of any products or services offered on the Site, or to the applicable prices for any such products or services, including any applicable shipping and handling, at any time, without notice. The materials on the Site with respect to products and services may be out of date and The Marble Jar makes no commitment to update the materials on the Site with respect to such products and services.

Sharing of Digital Files Prohibited

Sharing, reselling, or distributing of items or files purchased in the digital shop, as well as any other digital proprietary information that is the property of The Marble Jar is strictly prohibited.

You may not use the content for any harmful, pornographic, racist, or racial material or material that may be deemed harmful or offensive to another person.

All copyrights to elements and graphics are retained by The Marble Jar with all rights reserved. No other use is hereby authorized.

It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.

Privacy

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Limitation of Liability

Except when prohibited by law, in no event will The Marble Jar be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if the marble jar has been advised of the possibility of such damages. Marble Jar’s maximum liability for any sale shall be the fees paid for the item giving rise to the claim.

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify, defend and hold The Marble Jar, their affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

The Marble Jar may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Marble Jar’s rights or property, or the rights or property of visitors to or users of the Site, including The Marble Jar’s  customers. The Marble Jar reserves the right at all times to disclose any information that The Marble Jar deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Marble Jar also may disclose your information when The Marble Jar determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that The Marble Jar may preserve any transmittal or communication by you with The Marble Jar through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or The Marble Jar determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, and or (4) protect the rights, property or personal safety of The Marble Jar, its employees, users of or visitors to the Site, and the public.

You agree that The Marble Jar may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Marble Jar for which monetary damages would be inadequate, and you consent to The Marble Jar obtaining any injunctive or equitable relief that The Marble Jar deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Marble Jar may have at law or in equity.

If The Marble Jar does take any legal action against you as a result of your violation of these Terms of Use, The Marble Jar will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action in addition to any other relief granted to The Marble Jar. You agree that The Marble Jar will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law

These Terms of Use are entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules that would give rise to application of the substantive law of another jurisdiction. Each party to these Terms of Use submits to the exclusive jurisdiction of the state and federal courts sitting in the Harris County in the State of Texas, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

Notification of Claimed Copyright Infringement

The Marble Jar respects and expects its users to respect the rights of copyright holders. On notice, The Marble Jar will act appropriately to remove content that infringes the copyright rights of others. If it is believed that any content uploaded infringes upon existing copyrights, owners or any agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit The Marble Jar to locate the material; (d) information reasonably sufficient to permit The Marble Jar to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to Section 512(c) of the Digital Millennium Copyright Act, 17 U.S.C. § 512, The Marble Jar  designates the following individual as its agent for receipt of notifications of claimed copyright infringement:

Report of Copyright Infringement

The Marble Jar
P.O. Box 272124
Houston, TX 77277
help@themarblejar.com

Void Where Prohibited

Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Marble Jar reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to The Marble Jar that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

Entire Agreement

These Terms of Use constitute the entire agreement between The Marble Jar and you pertaining to the subject matter of this Agreement. In its sole discretion, The Marble Jar may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.