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PRIVACY AND TERMS

Superbrand is committed to protecting the privacy of visitors to this site. This Privacy Policy applies to the Site. This Privacy Policy does not apply to other websites to which we link. You agree that your use of the Site signifies your assent to this Privacy Policy. If you do not agree with this Privacy Policy, you are not authorized to use this Site.

 

SECURE ORDERING

Protecting your online order information on seshday.com is very important to us. In our shopping checkout process, we use Secure Socket Layering (SSL), the industry-standard encryption technology that ensures the safety and security of your online order. When the letters "http" in the URL address change to "https," the "s" indicates you are in a secure area employing SSL. Making a credit card purchase is just as safe on our web site as it is by telephone. 

 

INFORMATION COLLECTED

In order to access this Site, you must first complete the registration process. During the registration process, we collect personal information such as your name and email address. Once you complete and submit your registration, you have opted-in to receive email communication.

We also collect personal information when you choose to use certain other features of the Site, such as making purchases, we require you to provide additional information such as your phone number, billing and shipping addresses and credit card information, and we may request additional personal information such as your shopping preferences and demographics.

In addition, we automatically gather certain information about the use of the Site, such as how frequently certain areas of the Site are visited, including through the use of cookies, web beacons and other technologies. Most browsers can be set to prevent cookies or to notify you when one is being placed. However, cookies are necessary to access the Site.

 

HOW WE USE YOUR INFORMATION

We will not share or disclose your information to anyone except as described in this Privacy Policy.
We use personally identifiable information in order to give you a more enjoyable convenient shopping experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your personally identifiable information to support and enhance your use of the Site and its features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site. We may also track your past purchases to provide you with a personalized profile of your shopping history. In addition, we may notify you about new services or special promotional programs, or send you offers or information.

In connection with their performance of services to maintain and operate the Site and certain features on the Site, certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.

We may transfer personally identifiable information as an asset in connection with a proposed or actual merger or sale (including any transfers made as part of an insolvency or bankruptcy proceeding) involving all or part of our business or as part of a corporate reorganization, stock sale or other change in control. In such a circumstance the Transferee would be bound by the terms of this privacy policy.

We reserve the right to disclose information in order to comply with a subpoena, court order, administrative or governmental order, or any other requirement of law, or when we, in our sole discretion, believe it is necessary in order to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk reduction.

We use non-personally identifiable information in the aggregate, so that we can improve the Site and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.

 

HOW WE PROTECT YOUR INFORMATION

We are committed to protecting the information we receive from you. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.

The Site encrypts your credit card number and other personal information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to you information in order to perform their duties are allowed such access.

 

ACCESSING AND UPDATING YOUR PERSONAL INFORMATION AND PREFERENCES

You may update or change your personal information or preferences by sending email to customerservice@superbranded.com. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.

While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.

 

CHILDREN’S PRIVACY AND PARENTAL CONTROLS

The Children's Online Privacy Protection Act imposes certain requirements on web sites directed at children under 13 that collect information on those children, and on web sites that knowingly collect information on children under 13. superbranded.com is not directed at children under 13, and does not knowingly collect any personal information from children under 13.

 

LINKS TO OTHER SITES

superbranded.com may contain links to web sites operated by other third parties. superbranded.com has no control over, or responsibility for, their content, information or activities, including security and use of personal information. We encourage you to read the privacy policies and terms of use of any third-party site before submitting any personal information.

 

E-MAILS

We may send promotional e-mails to you only if you have asked to receive them. Each time you receive an e-mail from us, you will be given the opportunity to "opt-out" or stop receiving them.

 

PRIVACY POLICY CHANGES

If we decide to change our Privacy Policy for the Site, we will post the revised Privacy Policy here so that you will always know what information we gather, how we might use that information and whether we may disclose it to anyone. Your continued use of the Site indicates your assent to the Privacy Policy as posted.

If you have any questions about this Privacy Policy, please contact us at:

Superbrand, LLC

2777 Loker West, Suite 140 / Carlsbad, CA 92010

Posted on September 1, 2013

 

 

TERMS OF SERVICE

The use of the site indicates your unconditional acceptance of these terms of use. We reserve the right, in our sole discretion to update or revise these terms of use. Your continued use of the site following the posting of any changes to the terms of use constitutes acceptance of those changes.

 

USE OF THE SITE:

You may use the site only in accordance with and subject to these Terms of Use and the Site's Privacy Policy. Once you complete and submit your registration you have opted-in to receive email communication from us. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of Superbrand or others. Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:

  • Transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us.
  • Introduce to the Site or any other computer or website viruses, worms, Trojan horses and /or harmful codes.
  • Obtain unauthorized access to any computer system.
  • Impersonate any other person including but not limited to, a registered user of this Site or an employee of Superbrand.
  • Invade the privacy or violate any personal or proprietary right, including intellectual property rights, of any person or entity.
  • Misrepresent the identity of a user or use a false e-mail address.
  • Tamper with or obtain access to this Site or any component of this Site.
  • Conduct fraudulent activities.
  • Collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

    ADDITIONAL TERMS AND CONDITIONS:

    Additional terms and conditions may apply to specific portions of the Site or your membership which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Site or your membership, the latter terms shall control with respect to your use of that portion of the Site or your membership.

     

    PROPRIETARY RIGHTS:

    You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Site are the property of Superbrand and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited. Superbrand relies upon a network of independent vendors who supply some of the goods advertised on the Site and in some cases, drop ship them directly to the member. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.

     

    TYPOGRAPHICAL ERRORS:

    In the event a Superbrand product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Superbrand shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Superbrand shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Superbrand shall issue a credit to your credit card account in the amount of the incorrect price.

     

    TERM AND TERMINATION

    These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Superbrand without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

     

    USER PARTICIPATION

    Superbrand does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Superbrand is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Superbrand reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Superbrand at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Superbrand in accordance with Superbrand's Privacy Policy.

     

    USER SUBMISSIONS

    Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Superbrand will have no obligations with respect to the Communications. Superbrand and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

     

    LINKS TO THIRD-PARTY WEBSITES

    No Implied Endorsements: This Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.

     

    USER BLOGS, MESSAGE BOARDS

    Superbrand may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Superbrand  however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

     

    SUBMISSIONS

    Any comments, ideas, notes, postings, messages suggestions or other communications or information posted on the Site submitted to Superbrand  or otherwise communicated in connection with your use of the Site (collectively ,"Submissions") shall be and remain the exclusive property of Superbrand with no further compensation to you. As such we will own exclusively all such rights, titles and interests and shall not be limited in any way in the use, commercial or otherwise, of any Submissions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OR ANY SUBMISSION TO SUPERBRAND CREATE ANY OBLIGATION OR LIABILITY ON THE PART OF SESHDAY. YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE SUBMISSION AND YOU AGREE THAT ANY SUBMISSIONS BY YOU WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT TRADEMARK PRIVACY OR OTHER PERSONAL OR PROPRETARY RIGHTS. YOU ALSO AGREE THAT NO SUBMISSION BY YOU WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLEY RESPONSIBLE FOR THE CONTENT OF ANY SUBMISSIONS YOU MAKE. YOU REPRESENT AND WARRANT TO SESHDAY THAT SUPERBRAND IS FREE TO IMPLEMENT THE SUBMISSION IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SUPERBRAND  WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY. Superbrand takes no responsibility and assumes no liability for any content submitted or posted by you or any third party.

     

    INDEMNIFICATION

    By using this Site, you agree to indemnify, hold harmless and defend Superbrand their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Site; (2) your breach of the Terms of Use; or (3) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Superbrand reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

     

    DISCLAIMER OF WARRANTY

    THE SITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, SESHDAY DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

     

    LIMITATION OF LIABILITY

    IN NO EVENT SHALL SUPERBRAND OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OTHERWISE, EVEN IF SUPERBRANDHAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF SUPERBRAND OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO SUPERBRAND IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING , IN NO EVENT SHALL SUPERBRAND OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF SUPERBRAND.

    You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

     

    INTERNATIONAL USE

    We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

     

    RISK OF LOSS

    The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.

     

    CLAIMS

    Each claim or statement about the effectiveness of Superbrand products and/or each claim or statement comparing the effectiveness of Superbrand products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

     

    AFFILIATES

    Superbrand is not affiliated with websites or third parties that sell or advertise our products without a written agreement with us. Superbrand reserves the right to void all service, return, and other policies for orders and Superbrand products that were purchased through unauthorized sellers. Superbrand is not responsible for any representations by unauthorized sellers.

     

    UNAVAILABILITY OF SITE; TERMINATION; FRAUD

    We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Site, or your account or membership for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify you that your access to and/or use of the Site or your account is terminated, you must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your membership or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

     

    MISUSE, FRAUD OR MISREPRESENTATION IN CONNECTION WITH SUPERBRAND  PROMOTIONS OR REFERRAL CREDITS PROGRAM

    Superbrand's referral Credits program is designed to reward existing members ("Sponsors") for referring new members to Superbrand awarding the Sponsor Credits when the new member makes his or her first purchase. Accordingly, Sponsors are only entitled to receive referral Credits upon the initial purchase of Superbrand merchandise by a new member introduced for the first time to Superbrand by the Sponsor. The receipt by any Sponsor of referral Credits by any means other than as a result of the initial purchase of Superbrand merchandise by a new member introduced to Superbrand by the Sponsor shall be a violation of these terms and conditions, shall be null and void, subject to immediate cancellation, and may subject the member or Sponsor to civil and/or criminal penalties under applicable law.

    In addition, from time to time Superbrand may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from Superbrand by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.

     

    COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

    If you believe that any materials on this Site infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must : (a) identify the allegedly infringing materials; (b) indicate where on the Site the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Site is: Copyright Agent: Superbrand, LLC 2777 Loker West Suite 140 Carlsbad, CA 92010

    customerservice@superbranded.com

    CHOICE OF LAW AND FORUM

    These Terms of Use and any dispute of any sort that might arise between you and Superbrand or its parent, subsidiaries or affiliates shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United nations Convention on Contracts for the Sale of Goods, as amended from time to time. Any action brought to enforce this Agreement or matters related to the Site will be brought in either the state or federal courts San Diego, California, provided, however, that notwithstanding anything contained in these Terms of Use to the contrary we shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce our rights hereunder through reformation of contract specific performance, injunction or similar equitable relief. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.

     

    ARBITRATION

    By using this Site, you agree that Superbrand  at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

     

    MISCELLANEOUS

    Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Superbrand with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Superbrand with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Superbrand to act with respect to a breach by you or others does not waive Superbrand's right to act with respect to subsequent or similar breaches. Superbrand's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.

    Posted on September 1, 2015