Privacy and Terms of Use

PRIVACY

Welcome to steveclaytonstore.com (the “Website”). This website is owned and operated by Steve Clayton Inc., its affiliates, agents and licensors (collectively, “we”, “us”, “our”, “Steve Clayton, Inc.”, “steveclayton.com“, steveclaytonstore.com, claytoncustom.com or “Clayton USA”). Steve Clayton, Inc. is sensitive to your concerns about how we may use and share personal information that we collect from you through the Website. We recognize and respect the importance of maintaining the privacy of our visitors and members and have established this Privacy Policy Statement (“Privacy Policy”) as a result. This Privacy Policy is incorporated into our Terms and Account Agreement and therefore governs your use of the Website and/or any services offered by Steve Clayton, Inc. By visiting the Website, and/or utilizing any services offered by Steve Clayton, Inc, you are accepting the then current practices described in the Privacy Policy.

If you have questions or concerns regarding this statement, please contact us at orders@steveclayton.com

INFORMATION WE COLLECT ABOUT OUR CUSTOMERS

The information we learn from our customers helps us enhance and personalize the experience on our Website as well as the services we offer. We gather the following types of information:

Automatic Information Collected. We automatically receive and store certain types of information whenever you interact with us. For example, we may collect your purchase history, products searched for or viewed, visits to certain pages, interaction on pages, as well as the telephone number you used to call our toll free number. In addition, as most Websites do, we use “cookies” and we obtain certain types of information when your web browser accesses steveclayton.com, steveclaytonstore.com and claytoncustom.com. This information is compiled and analyzed on both an aggregated and personal basis. It may include what browser you are using, your Internet Protocol (“IP”) address, the website’s Uniform Resource Locator (“URL”) that you just came from, and which URL you go to next.

Information You Provide To Us. We receive and store any information you enter on our Websites or give in any other way (e.g., by telephone). Examples of this type of information may include information you provide when you register on our Websites, conduct any transactions including search, call our customer service toll free number, or participate in promotions, surveys, contests, product reviews, chats, blog entries, requests for suggestions or other aspects or services offered by us. As a result of such transactions, you may be supplying us with such information as your name, address, and phone numbers; credit/debit numbers, expiration date and other billing information; people to whom purchases have been shipped, including addresses and phone number; names and e-mail addresses of friends and other people.

Information Provided by Third Parties. We may obtain information about our  customers from third parties. This may include updated delivery or address information from carriers such as the USPS or UPS.

COOKIES

In an effort to provide the best customer experience and focus on the interests of our customers, Steve Clayton, Inc. uses tiny text files called “cookies” that provide non-personally identifiable information regarding the visitors to our Website. In addition to the IP and URL addresses of our visitors, cookies may gather the time and date of all visits to our Website. We may also track the pages of our Website that users viewed during their visit, as well as track search terms entered on our Website by each visitor. This helps us keep track of the number of visitors to our Website and allows us to determine the areas that are of the most interest to our visitors.

We may also use a third-party tracking service that uses cookies and other tracking technologies to track non-personally identifiable information about visitors to our site in the aggregate. This information is used to gain a broader picture of usage patterns at our site. We may share the non-personally identifiable information gathered through use of cookies with our advertisers and/or business partners, in order to make the Websites as user-friendly as possible. Further, some of our business partners (e.g., advertisers) use cookies on our site. We have no access to or control over these cookies. This privacy statement covers the use of cookies by Steve Clayton, Inc. only and does not cover the use of cookies by any advertisers.

How Do We Use the Information We Collect and Do We Share the Information We Receive?

Information about our customers is an important part of our business. We use information we collect from the Website to communicate with you, to process your orders, to provide an enhanced and more personalized interactive shopping experience, to facilitate your transactions with our third party marketing partners and to inform you of offers and discounts. For example, you can expect to receive a welcoming email to confirm your username and password, we communicate with you in response to your inquiries, to provide the services you request and to manage your account. We also send service related announcements on occasions such as when we need to temporarily suspend our site for maintenance. We also will send you promotional emails on occasion. Generally, you may not opt-out of service related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to terminate your account. We share customer information with third parties only as follows:

Third Party Service Providers. We may work closely with other businesses (that we don’t own or control) that sell products or services on steveclayton.com, steveclaytonstore.com and claytoncustom.com

In some cases, these businesses may operate stores or websites that sell products or services to you directly. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. We share customer information related to those transactions with that third party.

Promotional Offers. We periodically provide our customers with information about third party products and services we believe will be of interest to you and with opportunities to participate in offers and/or promotions on behalf of other businesses. Your participation in these events may require us to share data with such a business. If you do not want to receive such information or offers, on behalf of third parties or otherwise, please opt-out during registration, email us later at orders@steveclayton.com, or follow the unsubscribe instructions within each communication.

Other Third Parties/Select Partners. From time to time, we might establish a business relationship with other persons or entities who we believe are trustworthy and whom we have asked to confirm that their privacy policies are consistent with ours. These are known as our Select Partners. In such cases, we might share and cross-reference information, including personal information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. We may also combine your personal information with publicly available information and information we receive from or cross-reference with our Select Partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and services that may be of interest to you, and for further promotional purposes. If you do not want us to share information with Select Partners please opt-out during registration, email us later at orders@steveclayton.com, or follow the unsubscribe instructions within each communication.

Reviews/Share This/Testimonials. If you review a product on our site, your review may be posted on steveclaytonstore.com. as well as on a partners’ network site that shares reviews with other shopping communities. You should be aware that any personally identifiable information you submit can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. When seeking or receiving customer testimonials or feedback, we disclose that we may post their first name along with all or a portion of their testimonial on the Website unless they inform us otherwise by following the instructions we provide.

Protection of steveclayton.com, steveclaytonstore.com, claytoncustom.com. We release account and other personal information when we believe release is appropriate to comply with the law and/or a judicial proceeding, court order or legal process served on Steve Clayton, Inc.; enforce or apply our Terms and other agreements; or protect the rights, property, or safety of Steve Clayton, Inc., our Website users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

SECURITY OF PERSONAL INFORMATION COLLECTED

We have taken precautions, including the deployment of technological resources and the use of firewalls, systems and procedures, to protect the security of your personal information. When you enter credit card information on our Website, we may store it so that you do not have to re-enter it every time you order, but we encrypt it when storing. While no security system is absolutely foolproof, we are constantly reviewing, refining and upgrading our security technology to protect your privacy. When you open an account with steveclaytonstore.com, you are issued a password by which to access and secure your account and account information. Although we have taken these precautions, you are responsible for maintaining the secrecy of your password, which should not be disclosed by you. Be sure to sign off when finished using a shared computer.

LINKS

steveclayton.com, steveclaytonstore.com, claytoncustom.com may contain links to other websites. We have no control over the content, policies or actions of these sites, even if you are offered services on those sites because you have established an account with steveclaytonstore.com. We are not responsible for the privacy practices or the content of such websites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every websites that collects personally identifiable information. This privacy statement applies only to information collected by our Website.

CHANGING YOUR PERSONAL INFORMATION

You may review, change or correct your personally identifying information at any time by accessing your account information on the Website or calling us at the contact information below. You are responsible for maintaining the accuracy and completeness of your personal and other information, including your e-mail address, and we urge you to review your information regularly to ensure that it is correct and complete.

CONDITIONS OF USE, NOTICES, AND REVISIONS

If you choose to visit steveclayton.com, steveclaytonstore.com, claytoncustom.com and/or use Steve Clayton, Inc’s services, your visit and/or any dispute over privacy is subject to this Privacy Policy Statement and our Terms and Account Agreement (if you are a member), including limitations on damages, arbitration of disputes, and application of the law of the state of Pennsylvania. If you have any concern about privacy at Steve Clayton, Inc., please contact us.

Our Privacy policy statement, Terms, Account Agreement, and Loyalty Points agreement may change. In the event of a change, the revised policies or terms will be posted immediately to our Website. You should check the Website frequently to see recent changes. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. Unless stated otherwise, our current Privacy Policy Statement applies to all information that we have about you.

CONTACT US

If you have any questions, concerns or suggestions regarding our privacy policy, please contact us at orders@steveclayton.com, or call us at 1-877-752-9484.

 


Account Agreement and Terms

This Account Agreement governs your account and all purchases with Steve Clayton , Inc., the owner and operator of steveclytonstore.com (the “Website,” “Steve Clayton, Inc.,” “steveclaytonstore.com,” or “Clayton USA”). Other services on the Website, or provided by Steve Clayton, Inc. may be governed by additional terms and conditions. For example, your general use of and visit to the Website is also governed by the Terms, incorporated by reference herein and located on the bottom of the Website. The issuance of loyalty points are governed by the Rewards Program terms and conditions incorporated by reference herein.

If you agree to be bound by the terms of this Agreement, you must check the box indicating your agreement. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with opening an account with Steve Clayton, Inc. or purchase any products through the Website.

In this Agreement, “you” and “your” refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. “We”, “us”, “our”, and “Steve Clayton, Inc.” refer to Steve Clayton, Inc., its employees, members, representatives, officers, directors, agents, successors and assigns.

1. Changes to Account Agreement. We may change, add or remove portions of this Agreement at any time, but if we do so, we will post such changes on the Websites. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR ACCOUNT BY SENDING AN E-MAIL TO: orders@steveclayton.com. YOUR CONTINUED USE OF THE WEBSITE AND/OR ACCOUNT NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

2. Privacy. Registration data and other information about you are subject to our Privacy policy statement.

3. Prices/Fees and Payments. You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card you supply us. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately.

4. Order Changes/Cancellations. Do not assume a cancellation or change of ANY order you have made with Steve Clayton, Inc. has been effected until you receive a confirmation from Steve Clayton, Inc. via email or the Website. As stated above, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.

5. Representation as to Capacity to Enter into Agreement. You represent that you have the required legal capacity and that you are of the required legal age (i.e., eighteen years of age) to enter into this Agreement and that no one except you has any interest in your account with us.

6. Order Confirmations, Statements, Notices and Other Communications. You understand that it is your responsibility to review, upon first receipt, whether delivered to you by e-mail, by a posting on the Website, or by all other electronic means, all order confirmations, statements of loyalty points balances, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within forty-eight hours after any such document or information is sent to you or available on the Website. In all cases, Steve Clayton, Inc. reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from Steve Clayton, Inc. shall be deemed to be delivered and available to you whether actually received or not.

You agree that Steve Clayton, Inc. fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the Website, or in the form of an available download from the Website. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by Steve Clayton, Inc., you will promptly advise Steve Clayton, Inc. in order to allow us to make the required delivery by other means. Failure to advise Steve Clayton, Inc. of such difficulty within forty-eight hours after delivery shall serve as an affirmation that you were able to receive and open said document.

7. Responsibilities and Limitations of Liabilities. You represent that you will be the sole and exclusive authorized user of your password associated with your Steve Clayton, Inc. account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., changes of address) entered into your account using such password.

You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify Steve Clayton, Inc. in writing, delivered via e-mail and certified/return receipt requested U.S. mail, if you become aware of any loss, theft or unauthorized use of your password and account number; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history.

If you fail to notify Steve Clayton, Inc. immediately upon your knowledge when any of the above conditions occur, neither Steve Clayton, Inc. nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall Steve Clayton, Inc. or anyone involved in creating, producing, delivering or managing Steve Clayton, Inc.’s services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, the services provided by Steve Clayton, Inc. or out of any breach of any warranty by Steve Clayton, Inc.. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, Steve Clayton, Inc.’s liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement.

To the full extent permissible by applicable law, Steve Clayton, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

The use and storage of any information, including, without limitation, the password, transaction activity, Clayton Loyalty Reward Points  balances and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Website or related services, and for all communications service fees and charges incurred by you in accessing the Websites or related services.

8. Trademarks. “steveclayton.com“, “steveclaytonstore.com“, “claytoncustom.com“, and other marks indicated on our site are trademarks or trade dress of Steve Clayton, Inc. in the United States and other countries. Steve Clayton, Inc.s trademarks and trade dress may not be used in connection with any product or service that is not Steve Clayton, Inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Steve Clayton, Inc. or the Website. All other trademarks not owned by Steve Clayton, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Steve Clayton, Inc..

9. Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Steve Clayton, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Steve Clayton, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Steve Clayton, Inc. or its software suppliers and protected by United States and international copyright laws.

10. Limitations, Restrictions and Termination of steveclayton.com, steveclaytonstore.com, claytoncustom.com Services. You are authorized to use products or materials which are sold or made available by Steve Clayton, Inc. for your own needs only, and you are not authorized to resell products or access to any such materials or to make copies of any such materials for sale or use to and by others. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.

You understand that Steve Clayton, Inc. may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of the Website or related services or your ability to purchase products on the Website. Steve Clayton, Inc. may terminate your account at any time for any reason and without prior notice to you. You are free to terminate your account with Steve Clayton, Inc. at any time for any reason, subject to the conditions of Section 4 herein. The closing of an account will not affect the rights and/or obligations of either party incurred prior to the date the account is closed.

11. Risk of Loss/Warranties/Returns. All items purchased from Steve Clayton, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

12. Mispricing. Despite our best efforts, a small number of the items on our Website may be mispriced. If we discover a mispricing, we will do one of the following:

13. Monitoring and Recording Telephone Conversations and E-Mail. For your protection and for the protection of Steve Clayton, Inc., and as a tool to correct misunderstandings, you understand, agree and authorize Steve Clayton, Inc., at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and Steve Clayton, Inc. and any of Steve Clayton, Inc.’s employees or agents and to monitor your electronic communications with Steve Clayton, Inc..

14. Legally Binding. You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.

15. Extraordinary Events/Technical Difficulties. You specifically agree to hold Steve Clayton, Inc. harmless from any and all claims, and agree that Steve Clayton, Inc. shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft, or any problem, technological or otherwise, that might prevent you from entering or Steve Clayton, Inc. from executing an order, or other conditions beyond our control. Furthermore, in a technical environment, should an error occur with respect to the tracking of any order or order entry, the true, actual and correct transaction or position will be restored. It is your responsibility to ensure account correctness and accuracy and to contact Steve Clayton, Inc. immediately with any discrepancies.

16. The Laws of the State of Oregon Govern/Assignment. This Agreement and its enforcement shall be governed by the laws of Oregon and shall cover individually and collectively all accounts you may open with Steve Clayton, Inc. and shall be binding upon you and your successors (whether by merger, consolidation or otherwise), heirs, executors, administrators, and assigns. This Agreement shall inure to the benefit of Steve Clayton, Inc. and its successors, assigns and agents. Steve Clayton, Inc. may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice, or to any other entity upon prior written notice to you.

17. Agreement to Arbitrate Controversies. Any dispute relating in any way to your visit to the Website or to products you purchase through steveclayton.com, steveclaytonstore.com by phone shall be submitted to confidential arbitration in Oregon, except that, to the extent you have in any manner violated or threatened to violate Steve Clayton, Inc.’s intellectual property rights, Steve Clayton, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Oregon , and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

18. Waiver. Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of Steve Clayton, Inc..

19. Amendments; Entire Agreement. You understand that access to and your use of your account constitutes your consent and agreement to abide by the terms and conditions of this Account Agreement. Steve Clayton, Inc. may at any time revise these terms and conditions by updating the Account Agreement. You agree to be bound by subsequent revisions and agree to review the Account Agreement periodically for changes to the terms and conditions of the Account Agreement. The most up to date version of the Account Agreement will always be available for your review on the Websites. Continued use of Steve Clayton, Inc. after such changes will constitute acknowledgment and acceptance of such amendment. This Agreement represents the entire agreement between you and Steve Clayton, Inc. concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on the steveclayton.com, steveclaytonstore.com, claytoncustom.com website, and by your use of the Steve Clayton, Inc. websites and services, you agree to be bound by any and all such postings. You may not assign any right or obligations hereunder without first obtaining the prior written consent by an authorized officer of Steve Clayton, Inc..

20. Separability. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.

21. Headings are Descriptive. The headings of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.

22. Loyalty Points Program. The issuance of Clayton Loyalty points to members are governed by the Loyalty Points terms and conditions.