Terms and Conditions

Welcome to the TraceyCunningham.com (“Site”). Please review the following basic terms that govern your use of and/or purchase of products from our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).

General

We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.We may change, move or delete portions of, or may add to, our Site from time to time.

Site Contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, music, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by TraceyCunningham.com and its subsidiaries and/or affiliates (collectively “TraceyCunningham.com”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by TraceyCunningham.com and all other TraceyCunningham.com trademarks appearing at this Site are trademarks of TraceyCunningham.com.The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our e-commerce site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.You may, with our permission, reproduce portions of our site in connection with a review of, or commentary on, the TraceyCunningham.com Site.

Correction of errors and inaccuracies

The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause. If you are not fully satisfied with your TraceyCunningham.com purchase you may return it in its original condition, with the original TraceyCunningham.com packing receipt within 14 days of the order date. Please see our Return Policy.

User comments, feedback, postcards, and other submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to TraceyCunningham.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain TraceyCunningham.com\’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to TraceyCunningham.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, TraceyCunningham.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. TraceyCunningham.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. The forgoing statements do not apply to the Rewards Program. All comments submitted to the Rewards Program will be kept in confidence.You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are, and shall remain, solely responsible for the content of any Comments you make.You agree that TraceyCunningham.com may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. Please see our Privacy Policy. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that TraceyCunningham.com may use your information for marketing and promotional purposes.

TraceyCunningham.com communications to you

You agree that TraceyCunningham.com may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of TraceyCunningham.com\’s products or services, or for such other purpose(s) as TraceyCunningham.com deems appropriate. Please see our Privacy Policy.

Product information

Most TraceyCunningham.com products displayed at the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in stores. Currently, TraceyCunningham.com is only shipping goods purchased from the site within the United States. Thus, prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States and its territories.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor\’s display of any color will be accurate.

Links to other web sites and services

To the extent that this Site contains links to outside services and resources, the availability and content of which TraceyCunningham.com does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Disclaimer

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT TraceyCunningham.com SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

Indemnification

You agree to defend, indemnify and hold TraceyCunningham.com harmless from and against any and all claims, damages, costs and expenses, including attorneys\’ fees, arising from or related to your use of the Site.

Miscellaneous

Unless otherwise specified and except to the extent TraceyCunningham.com products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting TraceyCunningham.com\’s products and services available in the United States and select foreign markets. This Site is controlled and operated by TraceyCunningham.com.This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the State and Federal courts of the State of California.

Termination

This Agreement is effective unless and until terminated by either you or TraceyCunningham.com . You may terminate this Agreement at any time. TraceyCunningham.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in TraceyCunningham.com\’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or TraceyCunningham.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

Privacy Policy

Thank you for visiting, TraceyCunningham.com is committed to protecting your privacy.

TraceyCunningham.com Privacy

At TraceyCunningham.com, we are committed to protecting your privacy. We firmly believe that electronic security and privacy are necessary for the continued success of the Internet. In support of this, we only use the personal information that you provide to create a more personalized and entertaining experience for you, in accordance with the terms outlined below.
Children’s Online Privacy Protection Act (individuals under 13)

TraceyCunningham.com is committed to protecting the safety of children online. In compliance with the Children’s Privacy Protection Act of 2000, TraceyCunningham.com will never knowingly request or use personal information from children under 13 years of age without prior parental consent. If TraceyCunningham.com receives actual knowledge that a subscriber is under 13 years of age, TraceyCunningham.com will eliminate all personal information relating to this subscriber from our files.

What information do we collect?

When an order is placed on our Web site, we need to know your name, email address, mailing address, phone number, credit card number and credit card expiration date. This information is necessary for us to process and fill your order and to keep you informed of the status of your order. You may also register with us by providing information similar to that which you provide us when you make a purchase to help us better serve your interests.

From time to time, we may run contests or other promotions. If you participate, we may request your name, mailing address, email address and other information in order to administer the promotion and notify winners.

]When you submit a request, review or comment to our customer service department, we may ask you for your email address.

When you visit our Web site, we also collect IP addresses in aggregate form, but these are not linked to any of your personally identifiable information.

We may from time to time conduct on-line surveys. When you complete a survey on-line, we may ask for certain information from you, including your age, zip code, shopping habits, email and/or mailing address.

TraceyCunningham.com Security

We use the latest encryption technology (Secure Sockets Layer, or SSL) to keep the personal information you provide to us secure. The information you provide to us when you place an order is encrypted (or coded) using a secure server for maximum security. This coding makes it nearly impossible for anyone to reach your information as it moves through our ordering system.

To check the security of your computer, look at the lower left hand corner of your browser window. If you see an unbroken key or a closed lock, then the encryption technology is active and the server is secure. You can also check by looking at the URL line of your browser; when you access a secure server, the initial characters of the site address will be “https”.
You should never give your credit card or personal information in an email; email messages are not secure.

Certain browsers will not permit communication through secure servers. If this is the case, you will not be able to place an order on-line and you will need to download a different browser.

What if we link to another site?

Our Web site may provide links to other sites not under our control. We are not responsible for these linked websites, their content or for the actions of the providers of such sites. You should review the privacy and security policies and terms of use of such sites.

How do we use the information?

When you place an order on our Web site, we will use your information to process and fill your order. We may send you an email to confirm or update you on your order. We may also need to contact you by regular mail, email or phone if we have any questions regarding your order.

When you order, register, complete a survey or participate in any contest or promotion on our Web site, we will use the information you provided to us to send you email or regular mail from us regarding products, services or other contests and promotions that we think may be of interest to you.

We may also use information you provide to us to personalize your shopping experience by using your product interests and purchase information to recommend other products, services or promotions that we believe may interest you, including those of other companies. We may also notify you of functionality changes to the Web site.

In addition, in an effort to better service our customers and improve the shopping experience on our site, we may from time to time aggregate your information with information of other customers to help us analyze trends, purchasing patterns and preferences, and demographics.

How do we use “Cookies”?

“Cookies” are small pieces of information stored by your browser on your computer’s hard drive. Cookies do not contain personally identifying information. Most web browsers are set up to accept cookies; you can usually change your browser settings to refuse cookies.

We use cookies to enhance your shopping experience at our site, to allow you to navigate quickly, and to keep track of items when you shop on-line. Cookies are not used on our site to store your account information; this information is stored securely on the site’s server. When you log in at the site with your username and password or make a purchase, we will assign you a secure session id. The server then passes your information to you through this secure session id. Also, we will use cookies to monitor and maintain information about your use of our site.
We also use cookies to track the identity of the Web site you visited immediately prior to visiting our site. Otherwise, we will not track information about your use of other websites.

If you have any questions about this privacy statement, the practices of this site, or your dealings with TraceyCunningham.com, you can Contact Us