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Privacy Policy / Terms Of Use

Your privacy is extremely important to us. To better protect your privacy, we are making this privacy policy available to you so you can learn about our online information practices and the way we collect and use your information.
 
PRIVACY STATEMENT
 
SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION? 
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.  When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
 
SECTION 2 - CONSENT 
How do you get my consent? When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.   How do I withdraw my consent? If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@mycasegenie.com or mailing us at: MyCaseGenie 2111 8th Street South Suite 110, Wisconsin Rapids Wisconsin US 54494
 
SECTION 3 - DISCLOSURE 
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
 
SECTION 4 - SHOPIFY 
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.  Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.  Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.  PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
 
SECTION 5 - THIRD-PARTY SERVICES 
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.  However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.  In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.   Links When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
 
SECTION 6 - SECURITY
 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
 
SECTION 7 - COOKIES 
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not. _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc). _shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer. cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart. _secure_session_id, unique token, sessional storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access. n
 
SECTION 8 - AGE OF CONSENT 
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
 
SECTION 9 - CHANGES TO THIS PRIVACY POLICY 
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.  QUESTIONS AND CONTACT INFORMATION  If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@mycasegenie.com or by mail at  MyCaseGenie [Re: Privacy Compliance Officer]  [2111 8th Street South Suite 110, Wisconsin Rapids Wisconsin US 54494 ----

Terms of Use

Thank you for choosing MyCaseGenie for your mobile device needs! Your access and use of the MyCaseGenie.com site (the "Site") and its services (the "Services"), means that you have read and agree to all of the terms of use set forth below (the "Terms"). If you do not agree with these Terms, then do not access the Site or use the Services. If you have any questions, feel free to contact us by email at info@MyCaseGenie.com or call us at 1-800-414-4585.

User Conduct

You will have the option of setting up a user account through the Site. By doing so, you agree that (a) you are at least 18 years of age and (b) you have provided us with true, accurate and current information about yourself when requested during the registration process (including your name and email address). You will be solely responsible for all activities conducted through your user account, including but not limited to any purchases from and submissions to the Site.

The Services and Products ("Products") offered on our Site are for your personal use only. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit any part of the Services or Products, and you may not access the Site or use the Services for any commercial purpose. The images, photographs, card designs and other content (collectively, the "Third Party Content") contained on our Site may consist of the copyrights, trademarks, service marks, trade names or other intellectual property of third parties. These portions of the Third Party Content are provided for the convenience of certain users of the Services who are expressly authorized to use them by their owners. You may not use any third party intellectual property without such express authorization.

In accessing the Site and using the Services, you may submit to us your own images, photographs, text or other content (collectively "Your Content"). By submitting Your Content to us, you grant us a perpetual, worldwide, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of, and distribute Your Content for the purpose of providing, advertising or promoting the Services. You further represent and warrant that you either own Your Content or have written permission from the applicable intellectual property rights owner to make Your Content available to us for use on the Site and with the Services. You are and will be completely responsible for the use of Your Content in connection with the Site and the Services.

We reserve the right to reject any or all of Your Content if we determine, in our sole discretion, that such content is inappropriate or otherwise not consistent with the exercise of good judgment. For example, and without limitation, we may reject any content that we believe:
  1. infringes the copyright, trademark, patent, trade secret, right of publicity or any other right of a third party;
  2. is or may be libelous, defamatory or slanderous;
  3. denigrates or offends any ethnic, racial, sexual or religious group, or persons who are physically or mentally challenged;
  4. is designed to or will harass, threaten, defame or abuse others;
  5. exploits images or the likeness of individuals under 18 years of age;
  6. characterizes any other unlawful activity as acceptable, glamorous or desirable; or
  7. contains viruses, worms, Trojan horses or any material which may compromise the Services.

Third Party Sites/Products

From time to time, our Site may include links to third party sites or products that we think may be of interest to you. We include these links only as a matter of convenience for you. We make no representations or warranties concerning such third party sites or products, and your use of such third party sites and products will be governed by the policies and rules of such third parties.

Returns/Refunds

We want you to be 100% happy with your MyCaseGenie experience. If for any reason you’re not satisfied with your order, you can return unused product within 30 days of receipt for a replacement or refund, subject to the exceptions and restrictions listed below:
  1. Refunds are limited to amounts actually paid by you. This does not include promotional value of any special offer or discount.
  2. Shipping: In cases where the return/refund is due to your order arriving damaged or with a defect confirmed by us, we will at our discretion either (a) provide you with a prepaid return shipping label or (b) reimburse your cost of return shipping. For all other cases, return shipping costs are the responsibility of the customer. Shipping and handling charges may apply to services that are otherwise offered on a free or promotional basis.
  3. All orders receiving Bulk/Wholesale pricing are final and no refund will be given except in the case of material damage or defect upon your order’s arrival. If the damage or defect cannot be verified over the phone or via email contact, the item may be required to return to us for inspection before a determination can be made as to the availability of a refund. Please be sure to request and carefully review digital proofs when placing an order.
To inquire about a replacement or refund, please call or live chat with our customer service.

Indemnity

You will defend and hold harmless us and our owners, directors, officers, employees, representatives, agents and affiliates against any third party claim, action, suit or proceeding that arises from, is based on or connected with Your Content or your access of the Site or use of the Services, and indemnify us for all losses, damages, expenses, and costs (including reasonable attorney's fees and costs) incurred by us in connection with any such claim, action, suit or proceeding.

Disclaimer of Warranties

YOU ACKNOWLEDGE THAT THE SITE, SERVICES AND PRODUCTS AVAILABLE THROUGH MYCASEGENIE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. MYCASEGENIE HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SITE, SERVICES AND PRODUCTS (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY MYCASEGENIE OR MYCASEGENIE'S REPRESENTATIVES SHALL CREATE A WARRANTY.

Limitation of Liability

MYCASEGENIE SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. UNDER NO CIRCUMSTANCES SHALL MYCASEGENIE BE LIABLE FOR ANY DAMAGE TO ANY PHONE OR MOBILE DEVICE ON WHICH A MYCASEGENIE CASE IS USED. IN NO EVENT SHALL MYCASEGENIE BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNATIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT MYCASEGENIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. MYCASEGENIE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. MYCASEGENIE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SITE AND THE SERVICES IS THE CANCELLATION OF YOUR USER ACCOUNT. IN NO EVENT SHALL MYCASEGENIE'S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO MYCASEGENIE FOR THE SERVICES IN DISPUTE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS OF SERVICES AND, IN SUCH JURISDICTIONS, MYCASEGENIE'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. WE STRONGLY SUGGEST THAT YOU DO NOT MAIL MYCASEGENIE ORIGINAL FILM, PRINTS OR NEGATIVES WITHOUT RETAINING A COPY FOR YOUR RECORDS. IF YOUR FILM, PRINTS OR NEGATIVES ARE DAMAGED, LOST OR OTHERWISE NOT RETURNED, MYCASEGENIE'S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AS SET FORTH IN THE PARAGRAPH IMMEDIATELY ABOVE.

Copyright

We respect the intellectual property rights of others and ask you to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information at info@mycasegenie.com:
  1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the site;
  3. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  4. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf;
  5. your address, telephone number, and email address; and
  6. an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

General

We reserve the sole and exclusive right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. All prices and features of the Site, Services and Products are subject to change without notice. We reserve the right to terminate your user account or your use of the Site and Services, and discard Your Content at any time without notice.

Any communication we receive from you will be considered NOT to be confidential. By sending mycasegenie any information (other than information we may agree to keep confidential under our privacy policy), you grant us an irrevocable universal license to use, distribute and otherwise exploit that information and agree that we are free to use any ideas, know-how, techniques or concepts that you send to us.

All disputes arising out of or otherwise relating to these Terms, the Site, Services and Products shall be resolved under Wisconsin law, irrespective of its choice of law rules. You hereby irrevocably consent to the exclusive personal jurisdiction and venue by the state and federal courts in Wood County, Wisconsin.

These Terms constitute the entire agreement between you and us governing your use of the Site and the Service and Products. If there is any conflict or inconsistency between these Terms and any other terms or conditions available elsewhere regarding the Site, Services or Products, these Terms will prevail and be given precedence.

MyCaseGenie sells cases for mobile devices, not the mobile devices themselves.

The waiver of any right under these Terms shall not operate as past, present or future waiver of that right or of any other right.

If any provisions of these Terms should be held by a court of competent jurisdiction to be contrary to law, or to be invalid or unenforceable, the other provisions shall remain in full force and effect.