TERMS OF USE
Effective Date: September 4, 2020
Welcome to Irish Creek!
These Terms of Use govern your use of the website located at irishcreekinc.com (the “Site”) and operated by Irish Creek, Inc., 4338 Pottsville Pike, Reading, Pennsylvania 19605, United States (“Irish Creek”, “We”, “Us”). Your use of the Site constitutes your acceptance of these Terms of Use. By using the Site or obtaining any product or service through this Site, you agree to the Terms of Use and the collection and use of information as set forth herein.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING, YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE READ IT.
These Terms of Use apply to all uses of this Site and information shared via this Site.
Irish Creek may update or modify these Terms of Use at any time without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Use as changed. Irish Creek recommends you review these Terms of Use each time you visit the Site.
USE OF SITE
All right, title and interest in the Site, including all information, images, text, logos, designs, icons, photographs, programs, video or audio clips, copyrights, trademarks, trade secrets, and other proprietary rights, and any derivative works thereof (collectively, the “Content”) shall belong solely and exclusively to Irish Creek or its licensors. Nothing in these Terms of Use or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part.
You may access, view, download, print or copy the Content for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all Content; (2) do not modify or alter the Content in any way; and (3) do not provide or make available the Content to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from Irish Creek.
Irish Creek utilizes third party vendors to provide certain features of this Site. All right, title and interest to all content of such features shall belong to each third-party vendor and each feature shall be governed by that third-party vendor’s applicable terms and conditions.
Irish Creek may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice.
PRIVACY POLICY
1. Irish Creek is committed to protecting personal information that you provide to us via our Site. This Privacy Policy describes our practices regarding the collection and use of information through the Site. Some information is collected, shared with, and used by third parties. By using the Site, you agree to the collection of use of information as set forth in this Policy. If you do not agree to this Policy, please do not use the Site.
2. What information do we collect and what do we do with it?
Irish Creek collects the following types of personal information when you visit our Site. This information is stored securely in accordance with all applicable law.
Irish Creek DOES NOT SELL OR RENT ANY INFORMATION COLLECTED THROUGH THIS SITE TO A THIRD PARTY.
2.1. We collect non-personally identifiable information. When visitors come to our Site, we collect and aggregate information indicating, among other things, which pages of the Site were visited, the order in which they were visited and which links were “clicked.” Collecting such information involves logging the IP addresses, operating systems and browser software used by each visitor to the Site. Using such information, it may be possible to determine a visitor’s Internet Service Provider and the geographic location of the visitor’s point of connectivity. No additional personal identifiable information will be collected unless provided by the visitor in a contact form or uploaded file. We use the information which we collect to help us improve the usefulness and effectiveness of our Site, and to personalize your experience on our Site, to help you log on in the future and to continue to use our Site. We may also use “cookies” and other tracking technologies to collect non-personally identifiable information regarding you. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser. Cookies make it possible for us to recognize your browser when you visit our Site. By doing this, we can personalize your return visits. Your browser must be set to accept cookies in order for you to enjoy the benefits of being a registered user of the Site and you can use your browser to disable the use of “cookies” on the Site.
2.2. We collect personally identifiable information. When you submit a contact form on our Site, these forms require that you provide us with personally identifiable information such as your name, mailing address, telephone number, and email address. We use this information to contact you about our ability to provide services and to respond to your requests, comply with any legal obligations and send you marketing messages, if you choose to receive such messages.
2.3. We may use your IP address to conduct analyses of user traffic, to help diagnose problems with our server, administer our Site, or to enable selected third parties to provide us with information on the companies visiting our Site.
2.4. If you are an existing customer, we may use your email address to respond to inquiries and to provide you with information that may be of interest to you, relating to new services, products, promotions, or to find out how we can serve you better. Every email you receive from us will contain simple instructions for removing yourself from the list or changing your profile.
2.5. Irish Creek generally stores information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it.
2.6. Irish Creek will, upon written request, delete all personal information of a Site visitor except as required to be stored by applicable law. All requests should be sent to Customer Service at the address set forth below.
3. Accessing your information
3.1. All visitors to our Site are entitled under applicable law to access their personal information upon request to Irish Creek free of charge by contacting our Customer Service team as set forth below. The information may be delivered by mail or electronically, and if provided electronically, the information shall be in a portable and, to the extent technically feasible, in a readily useable format that allows the visitor of our Site to transmit this information to another entity without hindrance. Irish Creek shall not provide personal information to a visitor more than twice in a 12-month period.
3.2. Irish Creek reserves the right to access and disclose personal information to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its users.
4. Service Providers and External Links
4.1. The Site may contain links to other web sites. Irish Creek is not responsible for the privacy practices or the content of other websites. Web sites that are accessible by hyperlinks from the Site may use cookies. Irish Creek encourages you to read the privacy statements provided by the other websites before you provide personally identifiable information to them.
4.2. We work with third-party vendors who provide services, including but not limited to website hosting, data analysis, emailing and other services of an administrative nature. Irish Creek shares the personally identifiable information provided by the Site visitors with such third parties for the purpose of providing such services.
4.3. If we do disclose personal information to third parties, we will only do so to third parties whom we are satisfied have measures to protect your personal information in a manner consistent with all applicable laws.
4.4. Irish Creek encourages you to read the privacy statements provided by our third-party vendors.
5. Consent and Age.
5.1. By utilizing the Site, you acknowledge and agree that:
5.1.1. You are at least eighteen (18) years old and, if you are providing any personal information for an individual that is less than (18) years old, you have the consent of the parent or guardian to provide Irish Creek with such personally identifiable information; and
5.1.2. In the course of registering and using our Site and any services offered via our Site including the purchase of our services, certain personal information about you will be captured electronically or otherwise and transmitted to Irish Creek, and potentially to any third parties as set out above; and
5.1.3. We may transfer all personal information provided by you from one country or continent to another for processing or use in accordance with this Privacy Statement and applicable law.
5.2. By using our Site, you expressly agree to the collection and use of the personal information provided by you as set out above for the purposes set out in this Privacy Statement.
6. Protection of User Information
6.1. Irish Creek respects the privacy of its customers and is committed to complying with all laws relating to the protection of personal data.
6.2. To prevent unauthorized access, we follow appropriate security procedures in the storage and disclosure of personal information which you have given to us.
7. We reserve the right to add to or change the terms of this Privacy Policy at our sole discretion, without prior notice to you. If we change this Privacy Policy, we will post the new Privacy Policy on our Site, and it will become effective from the time of posting to our Site. Please visit this Privacy Policy on a regular basis to make sure you have read the latest version and you understand what we do with your personal information. Whenever possible, we will give you notice of any changes prior to their implementation. Your continued use of our Site following the posting of changes to these terms means that you consent to those changes.
DISCLAIMER OF WARRANTIES
While we endeavor to ensure that the information on our Site is accurate, current and complete, there may be instances when our Site and/or the product page contains inaccurate or incomplete information. Our Site and the Content are provided on an “as is” and “as available” basis, without representations or warranties of any kind, and to the fullest extent permitted under applicable law, we disclaim any and all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Site will be uninterrupted or error-free, that any defects will be corrected, that they will be free of viruses, malicious code, or unauthorized access such as third-party hackers or denial of service attacks. This disclaimer only applies to the Site.
LIMITATION OF LIABILITY.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IRISH CREEK, INC. AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “IRISH CREEK”) BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE OUR SITE, THE CONTENT ON OUR SITE, THE PRODUCTS AND SERVICES. This is a comprehensive limitation of liability that applies to all losses and damages of any kind including personal injury or death or for any direct, indirect, economic, general, special, punitive, incidental, exemplary, or consequential damages of any kind, including without limitation, loss of data, income, use or profits, in connection with or otherwise directly or indirectly related to, without limitation, the services, products, content, Site.
This Limitation of Liability only applies to the Site.
INDEMNIFICATION
You agree to defend (at our option), indemnify and hold harmless Irish Creek from and against any and all liabilities, claims, damages, costs, and expenses (including lawyers’ fees and costs) arising from or related to your misuse of our Site or any breach or alleged breach by you of the Terms of Use. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you. You agree to provide all cooperation to us with respect to the defense and/or settlement of such matter.
GOVERNING LAW
The Terms of Use shall be interpreted by and subject to the laws of the Commonwealth of Pennsylvania.
CONTACTING US
If you have any questions about our Site or about our Terms of Use, please contact:
Irish Creek
Attn: Customer Service
2069 Tower Road
Mohrsville, PA 19541
or call 610-929-5251.
