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Last updated: April 2021
Thank you for accessing the Riversmith Website ("Site") operated by Riversmith, Inc. ("Riversmith"). We respect your privacy and want to protect your personal information. To learn more, please read this Privacy Policy.
This Privacy Policy explains how we collect, use and (under certain conditions) disclose your personal information. This Privacy Policy also explains the steps we have taken to secure your personal information. Finally, this Privacy Policy explains your options regarding the collection, use and disclosure of your personal information. By visiting the Site directly or through another site, you accept the practices described in this Policy.
This Privacy Policy applies to the Site. This Privacy Policy does not necessarily apply to any offline collection of your personal information. Please see below for details.
We are not responsible for the content or privacy practices on any website not operated by RIVERSMITH to which the Site links or that links to the Site.
We collect information from you in several different ways on this Site. One goal in collecting personal information from you is to provide an efficient, meaningful, and customized experience. For example, we can use your personal information to:
(a) Order Registration. Before placing orders on the Site, you may complete an online registration form. During registration, you will be prompted to provide us with certain personal information, including but not limited to your name, shipping and billing address(es), phone number, email address, and credit card information. In addition, we may also ask you for your country of residence and/or your organization's country of operation, so we can comply with applicable laws and regulations. We use these kinds of personal information for billing purposes, to fulfill your orders, to communicate with you about your order and the Sites, and for internal marketing purposes. When you purchase or return a product, we collect information about the transaction such as the product details, date and location of the transaction, and any reasons provided for a return. If we encounter a problem when processing your transaction, your personal information may be used to contact you.
(b) Online Account. You may choose to register for an online account to receive regular updates from us. When you create your account, we may ask you to provide your name, age, gender, address, demographic information, email, interests, and product purchase history. We may use this information to customize messages we send about products, offers, surveys, promotions, events, and news we think may interest you and tailor your experience on the Site. You are not required to register an account to use the Site.
(c) Email Addresses. Several locations of the Site permit you to enter your email address for purposes including but not limited to: to register for a contest or sweepstakes; to request us to notify you of new products, new product styles, or product sizes; to sign up for email newsletters and special offers. Your participation in a contest or sweepstakes is completely voluntary, so you have a choice of whether to participate and disclose information to us. We use this information to notify contest and sweepstakes winners and to award prizes. We may post the names and cities of contest and sweepstakes winners on the Site. By entering a contest or sweepstakes, you may be opting in to receive our email newsletter and special offers, and surveys. This will be disclosed in the official rules governing the contest or sweepstakes.
(d) Cookies and Other Technology. Like many sites, the Site employs cookies and web beacons (also known as clear GIF technology or "action tags") to speed your navigation of the Site, recognize you and your access privileges, and track your Site usage. We have to use cookies to enable you to select products, place them in an online shopping cart, and to purchase those products. These technologies also track information related to your interaction with the Site and your browsing and purchase history on the Site. We use this information to improve the Site, understand which products are popular, evaluate the effectiveness of our marketing campaigns, and other internal business purposes.
(e) Log Files. As is true of most web sites, the Site server automatically recognizes the Internet URL from which you access the Site. We may also log your Internet protocol ("IP") address, Internet service provider, and date/time stamp for system administration, order verification, internal marketing, and system troubleshooting purposes. (An IP address may indicate the location of your computer on the Internet).
(f) Age. We respect children's privacy. We do not sell products intended for purchase by children or knowingly or intentionally collect personal information from children under the age of 16. If you are under 16 years old, do not submit any personal information to us, and rely on a parent or guardian to assist you.
(g) Product Reviews. You may choose to submit a product review. If you post a review, we may ask for your email address, geographic location, age range, and gender. If you submit a review, we will keep this information private. The content of reviews is public so any personally identifiable information that you submit as part of a review is not subject to this Privacy Policy and can be read or used by other visitors to the Site. We are not responsible for any personally identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personal information.
(h) Third Parties. We may combine information you provide us with data we have collected offline, data that is publicly available, and data from third parties. We also use third party data to enhance the Site's ability to serve you, tailor content to you, and to provide you with information we believe interests you. We may, from time to time, contract with third party vendors to provide ads on the Site to visitors on our behalf via the Internet or to send direct mail or catalogs to customers whom we think may be interested in our products or services. In order to do so, such vendor may collect anonymous information about your visits to the Site using cookies. Third-party vendors may then pool the anonymous information that they collect from the Site with other sources of information, which may include your name and mailing address, for purposes of sending direct mail or a catalog. To opt-out of receiving our direct mail or catalogs, please see the OPT OUT/CORRECTIONS section below.
(i) Phone Numbers.
SMS/MMS Mobile Message Marketing Program Terms & Conditions:
Riversmith Inc (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@riversmith.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Boulder, Colorado before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Riversmith Inc’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
(a) Internal Use. We use your personal information to process your order and provide you with customer service. We may internally use your personal information to improve the Sites' content and layout, to improve outreach and for our own marketing efforts (including marketing our services and products to you), and to determine general marketplace information about visitors to the Site. In order to facilitate such use and the other use described in this Section, we may share your information with affiliates under Riversmith's control.
(b) Communications with You:
(c) External Use: We want to provide you with excellent service and to offer you a great selection. We do not sell, rent, trade, license or otherwise disclose your specific personal information or financial information to anyone other than to affiliates under Riversmith's control, except that:
(d) Advertising and Analytics Services. We use third parties to place ads across the Internet on our behalf and to provide analytics on such services. These third parties also use cookies, web beacons, and other technologies to collect information about your Internet usage such as your IP address, web browser, sites visited, links clicked, and other information. We may work with third parties on interest based or online behavioral advertising to serve you ads as a part of a customized campaign on other websites or platforms. To learn more about this kind of advertising or to opt-out of having your web browsing used to create ads tailored for you, please visit www.networkadvertising.org/managing/opt_out.asp.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
The Site incorporates physical, electronic, and administrative procedures to safeguard the confidentiality of your personal information, including Secure Sockets Layer (“SSL”) for all financial transactions through the Site. We use SSL encryption to protect your personal information online, and 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 your personal 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 the Site, you access servers that are kept in a secure physical environment, 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.
Upon your request, we will (a) correct or update your personal information; (b) stop sending marketing communications to your email or home address; and/or (c) disable your account to prevent any future purchases through that account. You can make these requests by emailing Riversmith at info@riversmith.com. To opt-out of email communications, click the Unsubscribe link located at the bottom of the message. Please allow up to ten days for any changes to take effect.
Regardless of your opt-out preferences, Riversmith may send you communications related to orders placed on the Site at the email you provide.
As you might expect from us, the majority of information that we collect is obtained through the Site, and this Privacy Policy applies only to that online collection of personal information. We also may collect information offline, where we also try to protect the privacy of your personal information. One example involves someone calling us to place an order or to ask questions. When someone calls, we will ask only for the personal information we need in order to place the order or to answer the question. There are other ways we could learn of personal information offline (for example, we suppose someone could send us a letter including some return address information), and this Policy doesn't discuss or try to predict all of those methods or uses. As we mentioned, we will try to treat offline collection, uses, and disclosures consistently with our relevant online practices.
If we change or update this Privacy Policy, we will post changes and updates on the Site so that you will always be aware of what information we collect, use and disclose. We encourage you to review this Privacy Policy from time to time so you will know if the Privacy Policy has been changed or updated. If you have any questions about the Privacy Policy, please contact us at info@riversmith.com.
Our digital operations are conducted in the United States. Regardless of where you live, you consent to have your personal data transferred, processed, and stored in the United States and allow RIVERSMITH to collect and use your personal information in accordance with this Privacy Policy.
Effective August 22, 2018
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