C.A. Short OnDemand - Privacy Policy

This website (the "Site") is owned and operated by C.A. Short Company. C.A. Short Company is referred to herein as "C.A. Short", "we", "us", and "our". The terms "you" and "your" when used herein means any user of the Site.

These Website Terms of Use (the "Terms of Use") are effective as of: March 18, 2009

Thank you for visiting this Site. This Site provides rewards to individuals recognizing service to their employers and facilitates the selection of appreciation awards. Eligible persons may select an appreciation award of their choosing on the Site, and will receive an electronic receipt after confirming their order. Eligible persons will receive their selected appreciation awards free of charge, and will not incur either a shipping or processing charge.

Access to and use of this Site and the information, materials, Content (as defined below), products and services available through this Site are subject to all applicable laws and regulations and these Terms of Use. The term "Content" means any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through this Site.

BY ACCESSING, BROWSING ON, AND/OR USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE AS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, OR ANY PROVISIONS CONTAINED THEREIN, DO NOT REGISTER FOR, ACCESS OR USE THIS SITE.

C.A. Short may change these Terms of Use from time to time without specific notice to you. The latest Terms of Use will be posted on this Site, and you should always review these Terms of Use prior to using this Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site.

MINORS

This Site is a commercial site NOT intended for use by children or anyone under the age of 18 years of age. You must be at least 18 years of age to use and place an order on this Site.

PRODUCT & SERVICES INFORMATION

All references on this Site to information, materials, products and services apply to information, materials, products and services available in the United States.

This Site may contain typographical errors or inaccuracies and may not be complete or current. C.A. Short therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to availability of products and services, and C.A. Short reserves the right to cancel or refuse to accept any order placed based on incorrect availability information.

RETURN POLICY

In accordance with our Exchange Policy, and for any reason whatsoever, you may return new, unopened items sold and fulfilled by the Site within 30 days of delivery to you. Items must be returned in their original product packaging. We will pay the return shipping costs. To initiate the return process, please contact a customer service representative at the following telephone number: 1-800-535-5690.

New, unopened items may be exchanged for a different award available on the Site. Under no circumstances will we refund an award for cash.

Please note: Any items that are monogrammed, customized or made-to-order cannot be returned or exchanged unless recieved damaged or manufacturer defective.

EXCHANGE POLICY

If you receive a defective item and wish to exchange it for the same item, please call our customer service representative at the following telephone number: 1-800-535-5690 to request a replacement.

If we have additional stock of the returned item, we will exchange the item. If we no longer have stock of the returned item, we reserve the right, in our sole discretion, to provide you with a replacement item, of our choosing, of equal or lesser value.

ONE YEAR GUARANTEE

All appreciation awards available at the Site are guaranteed to work for their intended purpose, and with normal usage, up through and including one year from the date of delivery. If your item fails to work during the one year guarantee period, please call our customer service representative at the following telephone number: 1-800-535-5690 to request a replacement.If this occurs, we will pay the return shipping costs.

If we have additional stock of the returned item, we will exchange the item. If we no longer have stock of the retuned item, we reserve the right, in our sole discretion, to provide you with a replacement item, of our choosing, of equal or lesser value.

SHIPPING

All orders placed on this Site are subject to product availability. In the event that your order never arrives, notification of lost items must be received within 15 days from receipt of the order confirmation e-mail.

All material is intended for use by and delivery to U.S. residents. Orders received from or for delivery to locations outside the United States will not be accepted nor shipped.

DESIGNATED APPRECIATION AWARD

Persons eligible for an award may select an award of their choosing within 90 days of eligibility. Eligibility is determined upon an employer's enrollment into an award program with C.A. Short, and eligibility begins upon receipt of a certificate of record provided to your employer.

If you fail to select an award after 90 days of eligibility, C.A. Short will select a designated appreciation award on your behalf and ship this award to you. Those who wish to return the award may do so in accordance with the Return Policy and Exchange Policy provided herein.

RIGHTS OWNERSHIP

Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of C.A. Short or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

Neither this Site, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Site on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

C.A. Short neither warrants nor represents that use of Content displayed on this Site will not infringe rights of third parties not owned by or affiliated with C.A. Short.

Your use of and browsing of this Site are at your risk. Neither C.A. Short nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. C.A. Short also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, and/or images from this Site.

You hereby release and hold harmless C.A. Short, its parent, affiliates, subsidiaries, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of this Site and/or in connection with C.A. Short's use of the Content. In consideration for your agreement herein, C.A. Short will provide access to this Site.

You agree to reimburse and indemnify C.A. Short and its licensees and sublicensees and assigns for any and all damages and expenses (including attorney's fees and costs) that they may incur from claims based on use of the Content.

C.A. Short may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

All materials and information on this Site, including, without limitation, the C.A. Short logo, design, text, graphics, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by C.A. Short, or otherwise used with permission by C.A. Short. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from this Site or any other site owned or operated by C.A. Short without the prior written permission of C.A. Short. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of C.A. Short's copyrights and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited without prior written permission from C.A. Short.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A notarized statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send any such requests to C.A. Short as follows: info@cashort.com

TRADEMARKS

C.A. Short's trademarks are protected by federal and/or state law in the United States and throughout the world, and may not be copied or imitated.

Other names and brands used on this Site may be claimed as the property of others. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of C.A. Short or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of C.A. Short, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of C.A. Short.

HYPERLINK DISCLAIMER

This Site may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a website not maintained by C.A. Short does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave our Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

DATA PROTECTION CONSENT

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy. Before using this Site please read through all these documents carefully. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

NO WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ANY WEBSITE WITH WHICH IT IS LINKED. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

The information and all other materials on this Site are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Site or any website with which it is linked.

EXCLUSION OF LIABILITY

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors, exclude AND DISCLAIM liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

YOUR OBLIGATIONS

You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Site.

In consideration of your use of this Site, you agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. C.A. Short reserves all rights and remedies available to it.

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Site (including any information, materials, products or services available through this Site).

MODIFICATION AND DISCONTINUATION

We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

ENTIRE UNDERSTANDING

These Terms of Use (together with our Privacy Policy, which is expressly incorporated herein) contain the entire understanding between you and us with respect to use of this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement.

SEVERABILITY AND NON-WAIVER

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

LAW & JURISDICTION

These Terms of Use shall be subject to, governed by and construed under the laws of the state of North Carolina in the United States of America, without regard to conflict of law principles. Your access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.

You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts in the state of North Carolina and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

CONTACTING US

If you have any questions regarding these Terms of Use or any other matter, you may refer to our contact us by calling (800) 818-8985 x4409.

You may also contact us by mail at:

C.A. Short Company.
4205 E. Dixon Blvd
Shelby, North Carolina 28152

C.A. Short Company ("We" or "C.A. Short Company") post this Privacy Policy ("Privacy Policy") to inform consumers about the information we collect, how it is handled and with whom it is shared. The terms "you" and "your" when used herein means any user of our website (the"Site").

As we continue to modify our Site and take advantage of developing technologies, this Privacy Policy will most likely change. Therefore, we encourage you to refer to this Privacy Policy on an ongoing basis.

COLLECTION OF INFORMATION AND USE OF INFORMATION

When you browse this Site our server may automatically gather and store information about your visit, including but not limited to the following:

Your Internet domain name and IP address;

The type of browser and operating system used to access our site;

The pages you visit;

The date and time of your visit;

Your e-mail address.

We use this information to learn about the number of people who visit our Site and to assist in making changes to our Site, to improve the content of our Site and for business planning purposes.

Your email address and all other personally identifiable information you provide may be used to fulfill your requests and also may be used by us for other purposes related to your visit to our Site or to further our business purposes.

We reserve the right, in our sole discretion, to share personally identifiable information about you with third parties. C.A. Short Company. may send personally identifiable information about you, including your email address, to other companies or people.

If you provide us with your e-mail address, we may send you e-mail offers. We may use information you have given to us, for example, to measure your interest in various services or special offers, and inform you about new products and services. These offers may be based on information you provide in your initial visit with us, through surveys, or through information we collect about the pages you visit.

Any list used to send you a product or service offer will be developed and managed by C.A. Short Company or an authorized affiliate or contractor. At any time you may request to be removed from the list by selecting "Please don't send me e-mail" on the Subscribe/Unsubscribe to E-Mail Updates form and returning it to us, or by replying to an email message and changing the SUBJECT line to read "UNSUBSCRIBE".

INFORMATION QUALITY

We will make a sincere effort to respond in a timely manner to any request to correct inaccuracies in your personal information. To correct inaccuracies, please return the message containing the inaccuracy to the sender with details of the correction requested.

C.A. Short Company. is not responsible for the privacy practices or the content of any other websites or third-parties to which we link and you should review the privacy policy at each site before providing any information.

USE OF COOKIES AND OTHER TECHNOLOGIES

A cookie is a small string of text that a website can send to your browser. Cookies were designed to assist in distinguishing a user's browser from a previous visitor by saving and remembering any preferences that may have been set while browsing the particular site. We may use "cookie" or other technologies now or in the future to tailor our Site to your interests based on the items you review while visiting our site; such technologies may also be used by us for other purposes related to your visit to our site or to further our business purposes.

NOTICE

C.A. Short Company collects personal data from and about individuals for use generally in connection with the operation of its business. Such personal data may be used by C.A. Short Company to provide incentive, performance improvement, loyalty marketing, learning, travel, market research, or other goods and services to its clients.

C.A. Short Company may disclose personal data to third parties when such disclosure is necessary or appropriate for C.A. Short Company' provision of such services to its clients or otherwise for C.A. Short Company' operation of its business.

SECURITY

C.A. Short Company takes reasonable precautions to protect personal data from loss, misuse, tampering, destruction and unauthorized access. These precautions include password protections for on-line information systems, restricted access to personal data, and other measures implemented by C.A. Short Company.