Privacy Policy/Terms & Conditions

Privacy Policy

Sweet Whistle, LLC (hereinafter known as “Provider,” “us” or “we”) currently owns and operates the website known as www.sweetwhistle.com (the “Site”) To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested. We are committed to protecting your privacy and committed to developing technology that gives you the most powerful and secure online experience. Billing and personal information is encrypted whenever transmitted or received online. Personal information is accessible only to staff, agents, or contractors of Provider. This privacy statement applies to all Provider-owned web sites and domains. This privacy statement covers personally identifiable information, anonymous data collection and aggregate reporting. Personally identifiable information is any information that is associated with your name or personal identity. What we collect During the checkout process, the types of personal information you provide to us may include, name, address, phone, fax, email address, billing information, transaction, and credit card information. When you browse our website, you do so anonymously. We do log your IP address (the Internet address of your computer) to give us an idea of which part of our web site you visit and how long you spend there. But we do not link your IP address to any personal information unless you have logged in to our web site. Like many other commercial web sites, the Provider web site may use a standard technology called a “cookie” to collect information about how you use the site. Please go to “Use of Cookies” below for more information. How we use it We use your personal information for the following purposes: • To make the site easier for you to use by not making you enter your personal information more than once. • To deliver products and services that you request or purchase. • To help us create and publish content most relevant to you. • To alert you of product upgrades, special offers, updated information and other new services provided from Provider. • To participate in promotional offers. • To request assistance or fill out support requests. • To work with third party product vendors or event coordinators to personalize and deliver your product Who we share it with We never sell or rent your personal information. Provider may disclose your personal information if required to do so by law (for example, a subpoena) or regulation, or in good faith to (a) comply with legal processes served on the site, or (b) protect the rights and property of Provider, or (c) where our records indicate fraudulent activity or other deceptive practices that a governmental agency should be made aware of, or (d) where your communication suggests possible harm to others. Provider may transfer information about Users if Provider is acquired by or merged with another company. Provider is not responsible for notifying User of such changes. When you register, Provider will not share your information with third parties without your permission, other than for the limited exceptions already listed. It will only be used for the purposes stated above. We use personal information to reply to inquiries, handle complaints, provide operational notices, keep records up to date to notify you via periodic e-mails of technical service issues, specials, or other related product/service information. Your information may be shared with agents or contractors of Provider for the purpose of performing service for Provider. You will have the opportunity to opt out from receiving emails from us at any time. In the event of the dissolution of the Provider, all user account information and correspondence will be destroyed by Provider. Internet Commerce The checkout process of Provider is designed to give you privacy of your credit card information, name, address, e-mail and any other information you provide us. Provider is committed to data security with respect to information collected on our site. We offer the industry standard security measures available through your browser called SSL encryption. Security of your Personal Information Provider strictly protects the security of your personal information. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Your personal information is never shared outside the company without your permission, except under conditions explained above. Inside the company, data is stored in password-controlled servers with limited access. We use SSL encryption when collecting or transferring sensitive data such as credit card and personal information. Credit card numbers are only used for processing payment and are not used for other purposes. Our efforts to protect credit card fraud help protect your financial data security. Access to your Personal Information While it is not our present policy to collect personal information, to the extent, if any, that we collect personal information, we will provide you with the means to ensure that your personal information is correct and current. To protect your privacy and security, we will also take reasonable steps to verify your identity,  before granting access to your data. Use of Cookies Our web site is not setup to track, collect or distribute personal information. Our site does generate certain kinds of non-identifying site usage data, such as number of hits and visits to our sites. This information is used for internal purposes only. The statistics contain no personal information and cannot be used to gather such information. Provider Web sites use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Provider services or Web sites you visit. Problems or complaints with Provider’s Privacy Policy We value your comments and opinions. If you have questions, comments or a complaint about compliance with this privacy policy you may contact us at Info@sweetwhistle.com.

Terms & Conditions of Use

Welcome to www.sweetwhistle.com. By using this website (“Site”), you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between you and Sweet Whistle, LLC, the provider of the Site. The terms “Provider” or “us” or “we” refer to the owner of the Site, Sweet Whistle, LLC, whose registered office is 318 Grays Lane Haverford, PA 19041. The term “you” refers to the user or viewer of our Site. The use of the Site is subject to the following terms of use: 1. The content of the pages of the Site is for your general information and use only. It is subject to change without notice. 2. Your use of any information or materials on the Provider Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements. 3. Additionally, by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link. 4. You must be at least thirteen (13) years old to use this Site or be supervised by your legal guardian when using this Site. 5. You may not reverse engineer, disassemble, or take any similar action which would injure the Site. 6. You may not represent yourself as an affiliate, sponsor, or representative of the Site. 7. You may not bully, harass, use offensive language, conduct illegal activity or any similar disruptive activity which may threaten or offend other users of the Site. 8. You may not solicit business, via posts, comments, bulletins or any other manner to other users of the Site. 9. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Provider Site may give rise to a claim for damages and/or be a criminal offense. 10. Sweet Whistle, LLC will not accept returns due to the custom nature of the product. Sweet Whistle, LLC will only grant refunds if the product is damaged upon receipt. The Company requires photographic evidence of any damage claim. Please contact the Company within 72 hours of receipt to notify us of any issues and a refund may be granted at the Company’s sole discretion. The email address to contact us is Info@sweetwhistle.com. 11. This Site provides links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site. 12. All content, products and services on the Site, or obtained from a linked Site are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. 13. Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site or a linked Site by any party other than Provider, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from the Site or a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content. 14. The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time. 15. You agree that Provider, its affiliates and any of their respective officers, directors, employees, or agents is neither responsible nor liable for any malicious or unauthorized code and you are solely responsible for ensuring you have appropriate scanning and protective mechanisms for the security of your equipment, programs and information and by using our Site or a linked Site you are assuming all risk of loss that may arise or be associated with the use of our Site or a linked Site. You further agree that Provider, its affiliates and any of their respective officers, directors, employees or agents will not be liable for matters arising out of or in connection with the delay or inability to use the Site or a linked Site, or with the delay or inability to use the Site or a linked Site, even if Provider is made aware of the possibility of such damages. To the fullest extent permitted by law, we disclaim all liability for any loss, damage, cost or expense of any kind, direct or indirect, in connection with or arising from our Site or linked Site, content, any action taken (or not taken) as a result of our Site or linked Site or content or our terms and conditions, including but not limited to compensatory, consequential, incidental, special, exemplary and punitive damages, regardless of the form of action or basis of claim and whether or not any party has been advised of the possibility of damages. This limitation on liability also includes the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Site or a linked Site. 16. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account. 17. You agree to defend Sweet Whistle, LLC against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms and Conditions (“Claim”) and you shall indemnify and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim.  We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim. 18. Our Terms and Conditions are effective unless and until terminated by either you or Sweet Whistle, LLC. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Site. Sweet Whistle, LLC may also terminate, discontinue or suspend our Terms and Conditions at any time and may do so immediately without notice, and accordingly we may deny you access to any Site for any reason or no reason. Upon any termination of these Terms and Conditions by either you or us, you must promptly destroy all materials downloaded from any Site, as well as copies of such materials, whether made under the terms of this agreement or otherwise. 19. If any provision of our Terms and Conditions is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our Terms and Conditions, which shall remain in full force and effect. No waiver of any term of our Terms and Conditions shall be deemed a continuing waiver of such term or any other term. 20. Except as provided herein, these Terms and Conditions, together with our Privacy Policy which is incorporated by reference, constitute the entire agreement between you and Sweet Whistle, LLC and your use of our Sites and supersede any prior understanding or agreements (written or oral). 21. Nothing in our Terms and Conditions is intended to confer on any third party (whether referred to in our Terms and Conditions by name, class, description or otherwise) any benefit or any right to enforce any provision of our Terms and Conditions or any agreement entered into in connection with it. 22. Your use of the Provider Site and any dispute arising out of such use of the Site is subject to the laws of the Commonwealth of Pennsylvania, United States of America and applicable federal law without regard to conflicts of laws principles. 23. Sweet Whistle, LLC will charge your credit card in full at the time of purchase.  24. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL   SWEET WHISTLE, LLC BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST DATA OR PROFITS, ARISING FROM YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES, EVEN IF SWEET WHISTLE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SWEET WHISTLE, LLC’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER, INCLUDING ANY CLAIM FOR INJURY TO YOU OR ANYONE THAT USES THE PRODUCTS OR SERVICES PROVIDED TO YOU BY SWEET WHISTLE, LLCAND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO SWEET WHISTLE, LLC FOR THE PRODUCTS OR SERVICES OR ONE HUNDRED DOLLARS ($100). 25. THESE TERMS AND CONDITIONS OF USE DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY STATED ABOVE ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED