Privacy policy
Privacy policy
This website is operated by Grain Apart. All inquiries can be directed to:
Grain Apart
Customer Service Department
1039 Burke Street. Winston Salem, 27101 United States
(305) 469-5626
Your use of this website is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the grain-apart.com website constitutes your agreement to follow and be bound by these rules. If you do not agree with any of these terms and conditions, please do not use the grain-apart.com website.
THESE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATING TO THE SITE OR YOUR PURCHASE OR OUR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.
THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.
MORE INFORMATION REGARDING ARBITRATION AND THE CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER BELOW.
THESE TERMS AND CONDITIONS MAY CHANGE
Grain Apart reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the grain-apart.com website following any changes constitutes your agreement to follow and be bound by the modified terms and conditions. For this reason, we recommend that you review these terms and conditions each time you use this website.
USE OF THE WEBSITE
The grain-apart.com website is for the exclusive use of individuals and entities who wish to review, consider, purchase or engage in retail transactions involving Grain Apart goods and services and/or to transact business or communicate with Grain Apart, on their own behalf (or, in the case of a gift or corporate transaction, on behalf of the intended recipients). No information relating to the transactional preferences of an individual customer (whether such customer is a person or an entity) may be entered, altered, modified or otherwise affected by any third party on behalf of such individual customer.
COPYRIGHT NOTICE
All content you see on this Website, including, for example, but not limited to, all page headers, images, illustrations, graphics, audio clips, video clips and text (referred to herein as the "Content") is the exclusive property of Grain Apart and/or is subject to trademarks, service marks, trade dress, copyrights and/or other intellectual property rights or licenses held by Grain Apart, one of its affiliates or third-party licensors. or assigned your rights, interests and/or materials to Grain Apart. The entire Content on the grain-apart.com website is copyrighted as a collective work under the U.S. and other applicable copyright laws, and Grain Apart owns the copyright in the selection, coordination, arrangement and enhancement of the Content. The content of the grain-apart.com website, and the website as a whole, is intended solely for the personal, non-commercial use of users of our site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use such copies of the Content solely for your own personal, non-commercial use, (2) you do not copy or post the Content on any network computer or disseminate the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, nor remove or change any copyright or trademark notice, and (4) you duly credit any intellectual property rights to Grain Apart. No right, title or interest in any downloaded or copied materials is transferred to you as a result of such downloading or copying. Grain Apart reserves complete title and full intellectual property rights in any Content you download from this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Grain Apart.
NOTICE BY DIRECT MAIL
Products shown in catalogs may have limited quantities or availability. Grain Apart reserves the right to substitute gift components with similar items of equal or greater value. Product returns or exchanges are subject to Grain Apart policies. Prices quoted are subject to change at any time. Grain Apart is not responsible and reserves the right to correct any errors or inaccuracies in the catalogs and cancel orders based on them.
TRADEMARK NOTICE
Grain Apart® and grain-apart.com® are registered trademarks of Grain Apart. All other trademarks, service marks, domain names, logos, company names and indicia of origin of Grain Apart mentioned on the website are the property of Grain Apart. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Grain Apart or any third party without the permission of the owner. All rights are reserved. All other trademarks, product and company names and logos appearing on www.grain-apart.com are the property of their respective owners.
SHIPPING
We appreciate your comments about the grain-apart.com website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to grain-apart.com shall be and remain the exclusive property of Grain Apart. Your submission of such Feedback hereby constitutes an assignment to Grain Apart of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Feedback. Grain Apart shall be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any feedback that you do not wish to assign to us, including confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
HYPERLINKS TO OTHER WEBSITES
To the extent our website contains hyperlinks to external services and resources, the availability and content of which Grain Apart does not control, any concerns regarding such service or resource, or any hyperlink thereto, should be directed to the particular external service or resource.
GIFT MESSAGES
The grain-apart.com gift message services available to our customers are subject to the following guidelines. Out of respect for all our guests, we ask that you do not use obscene, profane or threatening language in gift messages. Examples of the types of conduct or content that are prohibited in grain-apart.com gift messages include, but are not limited to:
Transmitting any content that violates, facilitates the violation of, or could violate or facilitate the violation of any applicable law, regulation or Grain Apart rule or policy. Transmitting any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Impersonation of any person or entity in any part of a gift message. Transmitting any content that violates the intellectual property rights of any other person or entity. Grain Apart reserves the right, but is not obligated, to restrict or remove any content from a gift message that we determine, in our sole discretion, violates these guidelines or applicable law or is harmful to us, other Grain. Apart from clients, or any other person or entity.
COLORS
We have made every effort to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
PRODUCT INFORMATION
Most of the products shown on this site are available in selected Grain Apart stores. In some cases, merchandise shown for sale on this site may not be available in Grain Apart stores.
PRODUCT PRICING INFORMATION
The prices shown on our website may differ from prices that are available in stores or in catalogs, and our prices may differ from store to store. Prices displayed on this site are quoted in US dollars and are valid and effective only in the United States. You are responsible for paying any applicable sales or use taxes that may be levied by your state. If we are legally required to collect sales tax on merchandise you order, the tax amount will automatically be added to your purchase price.
DISCLAIMER
THIS WEBSITE AND ALL CONTENT ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Grain Apart'S TOTAL LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE AND/OR THE CONTENT OF THIS WEBSITE SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Grain Apart FOR THE ONE TRANSACTION YOU COMPLETED DURING SUCH TIME IN WHICH YOUR CLAIM ARISED. Grain Apart SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE AND/OR THE CONTENT OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE Grain Apart'S LIABILITY FOR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE AND/OR THE CONTENT OF THIS WEBSITE.
IN FLORIDA, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE Grain Apart'S LIABILITY FOR NEGLIGENCE ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE AND/OR THE CONTENT OF THIS WEBSITE.
From time to time, there may be information on our website or in our catalog that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. Grain Apart reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice (including after you have submitted your order).
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
a.Mandatory binding arbitration. The parties to these terms and conditions agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate to or arise from your purchase, our service, the website or these terms and conditions. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights shall not be resolved by arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in a state or federal court in the State of New York, and the parties consent to the exclusive jurisdiction and venue of such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these terms and conditions (notwithstanding any other choice of law provisions).
Arbitration under these terms and conditions will be conducted by the American Arbitration Association (the “AAA”). For claims less than or equal to $75,000 (not including attorneys' fees, costs, and alleged punitive damages or penalties), the AAA Consumer Arbitration Rules will apply; for claims over $75,000, the AAA Commercial Arbitration Rules will apply. AAA rules are available at https://www.adr.org. Any Notice of Arbitration must be mailed to the following address:
Grain Apart
Customer Service Department
1039 Burke Street. Winston Salem, 27101 United States
(305) 469-5626
Waiver of Class Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON THE BASIS OF CLAIMS BROUGHT BY A QUALIFIED REPRESENTATIVE.
Disputes cannot be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision shall have preclusive effect as to issues or claims in any dispute with anyone other than a named party to the arbitration. In the event this CLASS ACTION WAIVER is deemed unenforceable, any putative class action lawsuit may only proceed in a court of competent jurisdiction without a jury and not in arbitration.
Waiver of rights, including trial by jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to resolve their disputes. The arbitration rules are different. There is no judge or jury, and review of an arbitrator's decision is very limited. WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM IS RESOLVED IN ARBITRATION OR IN COURT, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL INCLUDING ANY CLAIMS OR DISPUTES.
PRIVACY POLICY
Grain Apart is committed to protecting the privacy of certain data collected from you and that you submit when you access this website or websites under our operation and control (collectively, the "Site"). We recognize the sensitive nature of much of the information entrusted to us daily and are committed to high standards of privacy. We respect your privacy and provide appropriate protection and management of any Personally Identifiable Information you choose to share with us. Personally identifiable information consists of any information by which you can be personally identified or contacted, such as your first and last name, home or other physical address (including a street name and the name of a city or town), telephone number, or email address.
The following outline is intended to familiarize you with our policies for the collection, use, maintenance and protection of private information. The examples given are intended to be for illustrative purposes only and should therefore not be considered a complete representation of our practices.
Your privacy is important to us. Grain Apart will not sell, share or rent your Personally Identifiable Information to third parties in ways other than as disclosed in this statement.
Please review this policy carefully. Grain Apart reserves the right to change its privacy policy at any time, in which case the Site will include notice of the change. Changes will be effective immediately upon posting on the Site. By accessing the Site, you indicate that you accept Grain Apart's privacy policy. If you have any questions or concerns about any of our practices, please contact us at info@grain-apart.com.
COLLECTING YOUR INFORMATION
Grain Apart collects information about you at several different points on the Site to carry out business functions, provide you with the highest quality of service, facilitate the delivery of services or the fulfillment of an order. Most of the information we collect comes directly from you.
Grain Apart may collect statistical information about the use of the Site. This information allows Grain Apart to control its use and continually improve its quality. Examples of this information would include, but are not limited to, the number of visitors to the Site, or sections or pages within the Site, traffic patterns flowing through the Site, the amount of time spent on the Site, or on sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, browser usage and operating systems and versions used by visitors to the Site, etc.
To collect this information, Grain Apart may collect and store your IP address, the version of your operating system, the version of your browser, the pages you visit within the Site, the time you spend on the pages of the Site, the site from which you linked to ours, search terms you used in the search engines that resulted in you linking to the Site, etc. While all of this information may be associated with the IP address that your computer had while visiting the Site, it will not be associated with you as an individual, or associated with any other information that you may submit through the Site, or that Grain Apart may store about you for any other purpose.
There will be times, such as when placing an order, subscribing to a service, registering on the site, registering to receive catalogs, participating in promotions, surveys and contests, when we may request personal information such as your name, billing/shipping address, telephone number, email address, credit card information, etc. It is solely your choice whether or not to provide this information. However, if you choose not to provide the information, we may not be able to process an order, fulfill a service, or display certain content on our website.
The site is not directed at children. Grain Apart does not knowingly collect any personal information from children. If you are concerned about your child's use of the Site, you may use web filtering technology to monitor or limit access to the Site.
Grain Apart has made arrangements with PowerReviews, Inc. (d/b/a Buzzillions) ("PowerReviews") to facilitate the collection of customer product reviews for products sold by Grain Apart. When you submit a product review to Grain Apart, you are also subject to PowerReviews' terms of use and privacy policies (see http://www.buzzillions.com/public/legal/index_en_US.html). Accordingly, you should review those policies before submitting a review. Additionally, reviews you submit may be published both on www.Buzzillions.com and on our site.
We may use third-party service providers to serve ads and/or collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information (for example, clickstream information, browser type, time and date, subject of advertisements clicked or scrolled over, but not your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services likely to be of interest to you. This information is collected through the use of pixel tags or cookies. If you would like more information about this practice and to know your choices about not having this information used by these companies, you can visit http: /www.networkadvertising.org/.
USING YOUR INFORMATION
In the course of our normal business activities, we may disclose collected information to affiliated and non-affiliated entities as we deem necessary and as described in this Privacy Statement. Additionally, we use the personally identifiable information you provide to us for internal business purposes, such as: analyzing trends and statistics.
Member services including website customization order history and status One-click order confirmation and tracking subscription services informing you of new products, services, offers and information about Grain Apart.
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify an individual person.
We may use third-party vendors to ship orders directly and a credit card processing company to bill you for goods and services. In connection with these services, it is necessary to share certain personally identifiable information with such providers. We have informed these companies that they must not retain, share, store or use personally identifiable information for secondary purposes.
We may also share personally identifiable information with unaffiliated third parties if (1) you request or authorize it, (2) the information is provided to assist you in completing a transaction for you as described above, (3) the information is provided to comply with law, applicable regulations, court orders or subpoenas, to enforce our terms of use or other agreements, or to protect our rights, property or safety, or the rights, property or safety of our users or others, (4) the disclosure is made as part of a purchase, transfer or sale of the company or any of its services or assets (for example, in the event that we sell assets to another part, customer information may be one of the transferred assets), or (5) the information is provided to the third parties described in this privacy policy. We strive to choose non-affiliates with standards similar to ours regarding the protection of private information.
Sometimes we partner with third parties to provide specific services, such as mailing our newsletters. When you sign up for these services, we will share names or other contact information as necessary for the third party to provide these services. We have informed these parties that they are not permitted to use personally identifiable information except for the purpose of providing these services.
We occasionally make our list of customer names and street addresses available to carefully selected companies and organizations whose products and activities may be of interest to you. To be removed from the list of people whose information is shared with third parties, please email info@grain-apart.com or call 813-613-9325. You can also write to:
Grain Apart
Customer Service Department
1039 Burke Street. Winston Salem, 27101, United States
(305) 469-5626
We may also share your personally identifiable information and non-personal information, including your name, address, email address, and any transactions you make on our website or offline with us with a third-party advertising partner and their service providers to deliver personalized advertising. for you to match your interests when you visit our website as well as other websites. Our advertising partner will anonymize the data we provide so that no one else receives your personally identifiable information.
UPDATING YOUR INFORMATION
You may review, update, correct or change the personally identifiable information you have provided to us at any time. You may also opt out of receiving further communications from Grain Apart; however, you may continue to receive communications from those companies with which we shared your information before you notify us. You can use our website, through the My Account pages, to change your information. Alternatively, you can email us at info@grain-apart.com or call us at 8813-613-9325.
You can also write to us at:
Grain Apart
Customer Service Department
1039 Burke Street. Winston Salem, 27101, United States
(305) 469-5626
DO NOT TRACK
“Do Not Track” is a privacy preference you can set in your Internet search browser that sends a signal to a website that you do not want the site operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user's computer, we cannot respond to Do Not Track requests.
COOKIES WEB
A cookie is data stored on the user's hard drive that contains information about the user.
Grain Apart may use website "cookies" in the process of collecting the statistical information mentioned above and to adapt certain pages of the Site for your browsing convenience. Additionally, we use cookies to identify one user from another and to track marketing promotions and apply promotional discounts. Cookies do not contain personally identifiable information. As our shopping cart functionality requires the use of cookies to function, you will not be able to make purchases on our site if you have disabled cookies in your browser. Once you close your browser, the cookie expires. You have the option of setting your browser to reject cookies, but our Site may not function properly if you do so. Please consult your browser's Help function for information on how to disable cookies.
LINKS
This website contains links to other sites ("Linked Sites"). The Linked Sites are not under the control of Grain Apart and Grain Apart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. As such, Grain Apart is not responsible for the privacy practices of those other sites. Additionally, Grain Apart is not responsible for webcasting or any other form of transmission received from any Linked Site. Grain Apart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Grain Apart of the site or any association with its operators. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
MEMBER SERVICES
To set up an account with Grain Apart, you must first complete the registration form. During registration, you must provide your contact information (such as name and email address). This information may be used to contact you about services on our site in which you have expressed interest, such as website personalization, order history and status.
CATALOG MAILING LIST
If you would like to subscribe to our catalog mailing list, we ask for contact information such as name and address. We occasionally make our list of customer names and street addresses available to carefully selected companies and organizations whose products and activities may be of interest to you. To be removed from the list of people whose information is shared with third parties, please send an email. email optout@grain-apart.com or call 813-613-9325. You can also write to:
Grain Apart
Customer Service Department
1039 Burke Street. Winston Salem, 27101, United States
(305) 469-5626
You may continue to receive communications from those companies with which we shared your information prior to your notification. Please note that because some emails are prepared well in advance, please allow up to 90 days for your request to be effective. We also accept all opt-out requests from DMAChoice.org.
MAILING LIST
If you would like to receive email notifications from us about products, services and promotions, we ask for contact information such as name and email address. To be removed from our email list, click "Unsubscribe" in your email or send an email to optout@grain-apart.com or call 813-613-9325. You can also write to:
Grain Apart
Customer Service Department
1039 Burke Street. Winston Salem, 27101, United States
(305) 469-5626
From time to time, our site requests information from you via surveys. Participation in these surveys is completely voluntary and therefore you have the choice of whether or not to disclose this information. The information requested may include contact information (such as name and shipping address) and demographic information (such as zip code, age level). Survey information will be used to monitor or improve the use and satisfaction of this site.
We send all new members a welcome email to verify password and username. Established members will occasionally receive information about products, services, special offers and a newsletter. Out of respect for your privacy, we present you with the option of not receiving these types of communications in all emails. You can also email info@grain-apart.com or call 813-613-9325 anytime.
SAFETY/SAFETY INFORMATION
Grain Apart and the Site take precautions and steps to safeguard and protect personal information obtained through the Site. However, no system for safeguarding personal or other information is 100% secure. For example, when our registration/order form asks you to enter sensitive information (such as credit card number), that information is encrypted and protected with the usual encryption software used in the e-commerce industry: SSL. Additionally, our employees are trained to understand the importance of confidentiality and must comply with our privacy policies and procedures. Employees who violate these policies and procedures are subject to disciplinary action. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our business functions or to persons other than those required to use it in the course of their employment activities. These practices include the use of password protection of computer files, email, and voice mail, and other physical, electronic, and procedural safeguards.
APPLICABLE LAW/LEGAL NOTICES
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. For additional information about legal claims associated with this Privacy Statement and/or your use of the Site, please see our Terms of Use.