Privacy Policy

Privacy Policy

Date of Last Update or Revision: September 2012

Ledbury Inc (“Ledbury” or “We”) takes your privacy very seriously. This page sets forth our Privacy Policy and explains how we use the personal information that we collect from the visitors to our site located at www.ledbury.com (“ledbury.com” or “Site”). The purpose is to help you understand how we collect and use your personal information. If you have any questions or concerns regarding this Policy, you should contact us using the details given at the end of this document.

Please note that this Policy applies only to the Site and not to the web sites of other organizations to which we link. We are not responsible for the privacy policies or practices of any other third party sites and you should make your own inquiries regarding them.

Consent

By using the Site, you agree to our collecting and using your personal information in the manner described in this Policy.

What information we collect about you

The amount and type of information that we collect depends on how you use the Site and its various features. In particular, when you visit the Site, you provide us with various types of information, including personal information that you choose to disclose, and information regarding how you use the Site, which we collect as you interact with our Site.

With respect to personal information, you may provide us with various types of such information in using the site. Such information may include your name, your email address, your telephone number, your address, transaction information, credit card information and any other personal or preference information that you voluntarily provide when using the Site, including without limitation setting up an account with us, ordering products or gift cards, signing up for our newsletter, or otherwise participating in promotions, offers or contests that we may make available on the Site. Occasionally, we may also collect additional personal information from you, through optional polls, questionnaires, or surveys. We collect email addresses from customers and visitors to www.ledbury.com for the purpose of communicating with customers. This is done in order to give the customer new information, promotions and deals for products offered by Ledbury. If at any time you wish to be removed from Ledbury’s email database, you can request removal by contacting customer-service@ledbury.com. We do reserve the right to contact you via postal mail, email or telephone strictly for the purpose of administering your account.

In terms of other information that we collect, whenever you visit the Site, we collect and store the name of your internet service provider, the browser (including available plug-ins and browser functionality) and type of machine you are using, the IP address or the website that referred you to us, the pages you request and the date and time of those requests (collectively, the “Browsing Information”). We do this through a variety of methods, including the use of “cookies,” which are pieces of data stored on your computer by your web browser, and web beacons. We use cookies and web beacons as a means of gathering data about customers’ shopping habits and viewing paths through the Site. This information is used within Ledbury to assess shoppers’ experiences and modifies the site to enhance the offering to customers. You can manage use of cookies through your browser settings. If you choose not to enable cookies on your browser, you may not be able to access all of the features on the Site. We use the Browsing Information for purposes of Site administration as well as to understand Site use.

Our goal is to continually improve the usefulness of your visits to the Site. Obviously, the better we know you, the better job we can do of customizing the Site to suit your unique needs.

Any personal information that we collect is used internally for customer service purposes. We also use this information to continually update the Ledbury shopping experience and give customers a better e-commerce experience. We keep all information as secure as possible and we never sell this information to third party vendors or marketers. We do however, provide personal information to third parties for the purpose of fulfilling customers’ orders. This includes sharing payment information with our merchant banking partners and sharing customer addresses with shipping companies.

We do not collect personal information from children

Children under 13 years old are not the target audience for the Site. To protect their privacy, we prohibit the solicitation of personal information from these children. If you are under the age of 13, please do not submit your email address or any other personal information to us through the Site.

Disclosure for legal purposes

We reserve the right to disclose any personally identifiable information or other information we collect through the Site or otherwise if we are required to do so by law or if we reasonably believe that the disclosure is necessary in order to (a) fulfill a government request; (b) conform with the requirements of law or to comply with legal process served on us; (c) protect or defend our legal rights or property or third party licensors of any material on the Site; or (d) in an emergency to protect the health or safety of the users of the Site or the general public.

How do we protect your information?

Ledbury.com incorporates a number of procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions through this Site. We also take several steps to protect your personal information in our facilities. Access to your personal information is restricted. Only employees who need access to your personal information to perform a specific job are granted access to such information. Finally, we rely on third-party service providers for the physical security of some of our computer hardware. We believe that their security procedures are adequate. For example, when you visit www.ledbury.com, you access servers that are kept in a secure physical environment, behind a locked cage and an electronic firewall. While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. 100% complete security does not presently exist anywhere online or offline. Therefore we ask that you remain vigilant and report to us any problems you have while using our electronic commerce site.

What else should you know about your privacy?

As stated above, while we do our best to protect your personal information, we cannot ensure or warrant the security of any information that you transmit to us. You are responsible for maintaining the secrecy of your passwords and any account information. Please be careful and responsible whenever you are online.

Your use of the Site, including any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all dispute resolution provisions therein, limitation on damages and choice of law. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.

Changes

We reserve the right to change our Privacy Policy and our Terms of Use at any time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on this site. If we make changes, we will post them. If we make material changes to this policy, we will notify you here, by email, or through notice on our home page.

Contact details

Should you feel that your privacy or security is being compromised, or have any questions on this policy, please notify us using the following contact information:

By phone: (888) 233-1942
Email: customer-service@ledbury.com
In writing or in person: Ledbury, Inc 117 S. 14th Street Richmond, VA 23219


Terms of Use for www.ledbury.com

Date of Last Update or Revision: September 2012

Introduction

Welcome to www.ledbury.com (the “Site”), which is owned and operated by Ledbury Inc (“Ledbury”). The Site includes all web pages accessible by the public.

By using any portion of the Site, you agree to be bound by all of the following terms of use, conditions, and notices (the “Terms of Use”) and the Privacy Policy.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU INDICATE THAT YOU HAVE READ AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY.

Ledbury reserves the right to change these Terms of Use, at its sole discretion, at any time or from time to time. If any change is not acceptable, you must discontinue your use of the Site immediately. Using the Site after the date that these Terms of Use are changed constitutes your irrevocable acceptance of such changes.

Site Content and Intellectual Property Ownership

You acknowledge that the messages, information, data, text, software, images, graphics or other materials posted on the Site (the “Content”) contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are owned by Ledbury, its third party licensors or suppliers, and that such proprietary material is protected by law, including U.S. copyright laws and international treaty provisions. The “look and feel” of the Site (including color combinations, text, images, logos, button shapes, layout, design compilation and presentation of information and all other graphical elements) are also Ledbury’s trademarks and/or copyrights. Any unauthorized use of trademarks appearing on the Site may constitute trademark infringement, which could subject the user to substantial civil penalties. The deletion or alteration of any copyright, trademark or other proprietary notices from the Site is strictly forbidden.

Further, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content contained on the Site. You are granted a non-exclusive, non-assignable and non-transferable license to use the Site only under these Terms of Use. All rights not expressly granted under these Terms of Use are reserved by Ledbury.

Third Party Content

Certain Content displayed or otherwise accessible in any comments provided in connection with any weblog or “blog” on the Site may be from third party sources, including our customers or other members of the public. We have not independently verified that any such Content is complete, accurate, current, safe, inoffensive, non-objectionable, or otherwise appropriate for any user of the Site. We expressly disclaim any warranty with respect to the reliability or appropriateness of such information. You acknowledge and agree that your reliance on such Content is solely at your own risk. If you have any questions with respect to such Content, please contact us at the address below.

Usernames, Passwords and Account Registration Information

To establish an account through which you may purchase products, you must register in the manner set forth on the Site. You are obliged to maintain the confidentiality of any usernames or passwords that you adopt and/or are provided by us. If you become aware of any unauthorized use of your username and password by any third party, you agree to notify us immediately using the contact information set forth in these Terms of Use. We will not be responsible or liable for any loss or injury incurred by you for unauthorized use of your username and password, although you may be responsible or liable for any losses or injury caused by such unauthorized use.

To establish an account, you will be asked to provide accurate contact information and may also be asked to provide other information about yourself to help us better provide services to you or enhance your use and enjoyment of the Site. You warrant that any such information is accurate to the best of your knowledge. You further agree to receive any notices from us to you regarding your use of the Site pursuant to these Terms of Use at the email or other addresses set forth in your contact information. You are obliged to notify us of any updates or changes to any contact or other registration information that you provide in connection with your use of the Site.

Communicating With the Site

You are solely responsible for any and all Content you transmit, distribute, or post to the Site as may be permitted by us (including without limitation, any comments to any blog posts on the Site) (collectively, “Communications”). We do not endorse or accept any Communications as own or representative of our views. By transmitting, distributing, posting Communications, or otherwise making Communications available, through the Site, you grant us a perpetual, irrevocable worldwide, non-exclusive, royalty-free, sublicensable and transferable license to publish and display such Communications through the Site and to reproduce, distribute, transmit, use, archive, and prepare derivative works of such Communications in connection with the Site and our business, including, without limitation, to transmit and distribute such Communications to third-party web sites, and to use such Communications for promotional and marketing purposes. You further grant to each user of the Site, including any registered member or other member of the public, a nonexclusive, royalty-free license to access and view your Communications through the Site, subject to these Terms of Use.

You represent and warrant that your Communications contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to post, upload, republish, display, distribute, or transmit your Communications.

We cannot review all Communications made on or through the Site and we are not responsible for screening or otherwise monitoring content submitted by Site users, whether in advance of, or after, posting. If a visitor or user notifies us that any Communications do not conform to these Terms of Use, we may, but are not obligated to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the Communications. We reserve the right, but have no obligation, liability or responsibility, to monitor the Site and edit, modify or delete any materials which we, in our sole discretion determine to violate these Terms of Use or to be in any other way offensive, inappropriate or contrary to any Ledbury policy, applicable law or other regulation. You acknowledge that you have no expectation of privacy in any Communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and Ledbury by reason of your transmitting a Communication to any area of the Site.

Lawful Use

The Site may be used only for lawful purposes. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior written permission for any uses not expressly permitted herein.

In connection with your use of the Site, you agree that you will not, nor will you allow others to, directly or indirectly:

  1. Post, upload, republish, distribute, or transmit any Communications that are subject to any obligation of confidentiality, non-disclosure or secrecy, or are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights;
  2. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, access data not intended for your use or viewing, establish, or log into an account or server which you are not authorized to access;
  3. Post, upload, republish, distribute, or transmit any Communications that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships, or in violation of the rights of any third party;
  4. Post, upload, republish, distribute, or transmit any Communications that infringe or otherwise violate any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of Ledbury or any third party;
  5. Take any action which imposes an unreasonable or disproportionately large load or burden on the Site or use the Site in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Site, or in a manner that adversely affects the Site and/or the availability of its resources to other users;
  • Modify, delete, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content that is accessible or available through use of the Site;
  • Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Site for any unlawful purpose;
  • Use any device, engine, software, tool, agent, device, mechanism or routine (including without limitation, spiders, browsers, avatars, intelligent agents, robots, or cookies) to:
    1. interfere or attempt to interfere with the proper working of the Site or any activity being conducted in connection with the Site by any user, host or network;
    2. access, acquire, search, navigate, copy or monitor the Site, in whole or in part, without our express written consent, in our sole discretion;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Site, or otherwise used in connection with the operation of the Site;
  • Attempt to probe, scan or test the vulnerability of a system or network related to the Site, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Site (including features designed to prevent or restrict use or copying of any Content) without proper authorization; or
  • Collect or attempt to collect any information of other users of the Site, registered members or other members of the public, including without limitation usernames and passwords for the Site, customer account information, or personally identifiable information.
  • Violations of Site or network security may result in civil or criminal liability. Ledbury will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

    Feedback Regarding the Site

    You may provide suggestions, comments or other feedback on the operation of the Site, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Site Feedback”). Such Site Feedback is voluntary and we have the perpetual right to use any or all of such Site Feedback for any purpose without any obligation to you of any kind.

    Modifications and Updates

    We reserve the right to remove, change, modify or update any aspect of the Site at any time, in our sole discretion. These Terms of Use and the Privacy Policy shall apply to any such changes, modifications or updates of the Site.

    Disclaimer of Warranty and Limitation of Liability

    Ledbury may provide links or references to Internet sites maintained by third parties. Ledbury does not operate or control in any respect any information, products or services on these third-party sites and provides no warranty whatsoever with respect to such sites.

    EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, LEDBURY PROVIDES THE SITE, INCLUDING THE DATA GENERATED BY THE SITE, ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF COMMUNICATIONS, DATA OR CONTENT, AND ADEQUACY FOR ANY PARTICULAR USE OR PRODUCTIVENESS. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE SITE, RESULTS OBTAINED, AND PERFORMANCE.

    IN NO EVENT SHALL LEDBURY HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEDBURY WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LEDBURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK.

    Indemnity

    You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of this Site. If you are dissatisfied with the Site and/or any Content on this Site, or with these Terms of Use, your sole and exclusive remedy is to stop using the Site and Content. You agree to defend, indemnify and hold harmless Ledbury, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, agents, co-branders and other partners from any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs, resulting or arising from: your breach of these Terms of Use; any action taken or permitted by you which disrupts, degrades or damages the Site, Content or related data thereon; your infringement of any intellectual property right of Ledbury or any other person or entity; any activity (including any negligent or wrongful conduct) by you; any Communications provided by you to be posted on the Site; your use of the Site; your violation of the rights of any third party; your posting or uploading of any content; or your actual or alleged breach of any federal, state, local or foreign law, or regulations.

    Termination

    These Terms of Use are effective until terminated by Ledbury, at any time without notice. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

    Governing Law

    These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any principles or conflicts of law. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

    Notification of Copyright Infringement

    If you believe in good faith that your copyrighted work has been reproduced on our Site without authorization in a way that constitutes copyright infringement, you may notify us as at customer-service@ledbury.com or at Ledbury, Inc, 117 S. 14th Street, Richmond, VA 23219, ATTN: President. Any personal information you provide in your email will be used only for purposes related to your email.

    Contact Details

    Should you have any questions on these Terms of Use, please notify us using the following contact information:

    By phone: (888) 233-1942
    Email: customer-service@ledbury.com
    In writing or in person: Ledbury, Inc 117 S. 14th Street Richmond, VA 23219