LUCKY PUP ADVENTURES, LLC
D/B/A MEMORY FLAME CANDLE COMPANY
We use your Personal Information (defined below) only for providing and improving our Sites. By using our Sites, you agree to the collection and use of information in accordance with this Policy.
2. INFORMATION COLLECTION AND USE
While using our Sites, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name, address, email address, date of birth, and credit or debit card information (“Personal Information”).
3. LOG DATA
Like many site operators, we collect information that your browser sends whenever you visit our Sites (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Sites that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze Log Data.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Sites.
The security of your Personal Information is important to us — but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot
guarantee its absolute security. We cannot guarantee information will not be stolen or otherwise misappropriated by third parties in violation of our Policies or state and federal law. You hereby acknowledge the inherent risk in submitting any information on the Internet to any site, including our Sites and you agree to assume that risk absent willful or wanton misconduct on our part.
8. EQUITABLE RELIEF
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause Memory Flame Candle Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Memory Flame Candle Company may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Memory Flame Candle Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Memory Flame Candle Company may be entitled at law or in equity.
9. GOVERNING LAW AND VENUE
This Policy shall be construed and governed by the laws of the State of South Dakota, without regard to the principles of conflict of laws thereof. You agree and accept that any legal action or proceeding shall be brought in the federal or state courts for the State of South Dakota, County of Minnehaha, and you expressly waive any objection to personal jurisdiction, venue or forum non conveniens.
If any provision of this Policy is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Policy will remain in full force and effect.
11. WAIVER AND AMENDMENT
If Memory Flame Candle Company fails to insist upon strict performance of your obligations under any of these terms and conditions, or if Memory Flame Candle Company fails to exercise any of the rights or remedies to which it is entitled under this Policy, this will not
constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by Memory Flame Candle Company of any default will constitute a waiver of any subsequent default, and no waiver by Memory Flame Candle Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.