Terms & Privacy
This website is operated by Mel Volkman. Throughout the site, the terms “we”, “us” and “our” refer to Mel Volkman. The terms “website” and “site” refer to melvolkman.com and shopmelvolkman.com. The terms “user”, “you”, and “your” refer to site visitors, customers, clients, and any other users of the site. Mel Volkman offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, and policies stated herein.
Please read these terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms. If you do not agree to all the terms of this agreement, you may not access the site or purchase any product or service from us. By visiting our site and/or purchasing a product or service from us, you engage in our service (“Service”) and agree to be bound by the following terms (“Terms”) including any additional terms and policies referenced herein and/or available by hyperlink. These terms apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Age Of Consent. By agreeing to these terms, 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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site or service, use of the site or service, or access to the site or service or any contact on the website through which the service is provided, without express written permission by us. This includes illegal reproduction of work, copy, content and items that are available on the site, or for purchase through the shop.
Information provided on this website is subject to change. We make no representation or warranty that the information provided, regardless of its source (“content”), is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy, error, or incompleteness in the content. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Certain products or services may be available exclusively online through the site. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the shop. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service. Any offer for any product or service made on this site is void where prohibited.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Our shop is hosted on Shopify Inc. They provide us with the online eCommerce platform that allows us to sell our products and services to you.
Accuracy Of Billing & Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our return policy.
Collaborations, Advertising, & Affiliate Links. We may accept forms of cash through advertising, sponsorship, paid insertions or other forms of compensation. Affiliate links may be used in some posts which means we may receive a commission from sales generated. Sponsored posts will be labeled as such. This website abides by word of mouth marketing standards. We believe in honesty of relationship, opinion, and identity. We may be compensated to provide opinion on products, services, websites and other various topics.
We always aim to provide honest opinions, findings, beliefs, or experiences on the topics or products we publish. The views and opinions expressed on this blog are purely our own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question. Please note, we would never endorse a product or service that we do not actually use or believe in.
Occasionally we will collaborate on special projects with select partners or host paid giveaways with sponsors that we feel are a good match for our viewers. We may use affiliate links when linking to a specific product which means that we may make a small commission from sales purchased through that link. Please know that authenticity and transparency are important to us, so we’re incredibly selective about partnerships. We only partner with or share brands that we truly believe in and use. When we do partner with a brand, we disclose that relationship. Sponsored posts, giveaways, and gifts are always noted as such.
© – Content is copyright Mel Volkman unless otherwise noted. All rights reserved. When sharing, please credit & link back to Mel Volkman (melvolkman.com or shopmelvolkman.com). Commercial use is forbidden. If you’re interested in purchasing a commercial license, art license, or custom work, please get in touch.
℅ – We may at times contain paid banner advertisements, sponsored content, and/or affiliate links. Items received as gifts are noted with a ℅.
Credit & Courtesy. If you find something inspiring on this website that you’d like to repost, please send an email asking for permission. All content found on this site must be credited and linked to the original post, page, or listing. Please give credit where credit is due. Thank you!
User Comments, Feedback, & Other Submissions. Comments are welcome but we reserve the right to delete or edit comments at our discretion, particularly if they are inaccurate, offensive, rude, includes profanities, spam, contains hate speech, or any pointed attacks at any individual or group. Criticisms attacking the writer or community will not be tolerated. If you don’t have anything positive to say, keep it to yourself or kindly exit this website.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms.
Third Party Links & Disclaimer. Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Errors, Inaccuracies, and Omissions. Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
Copyright & Trademark – This site and all the information it contains, including, but not limited to, articles, blog posts, designs, products, drawings, lettering, illustrations, paintings, artwork, photographs, videos, opinions, text, guides, trademarks, trade names, copyrights, proprietary information, service marks and logos, and other intellectual property (“protected information”) are the property of Mel Volkman, its contributors, and licensors, and is protected from unauthorized use, copying, distribution and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. You may not use our protected information without our express written consent. All rights reserved.
Governing Law. You expressly agree that this agreement shall be governed by the laws of the State of Florida, as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this agreement shall be St. Johns County, Florida. You expressly submit to the jurisdiction of the state and federal courts in the forum selected by Mel Volkman for the purposes of resolving any dispute arising under this agreement and you expressly waive all defenses arising out of the selection of the jurisdiction and forum elected by Mel Volkman for the resolution of any dispute and agree to service of process by mail. You hereby expressly agree that the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Furthermore, you agree that your respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Should Mel Volkman bring any lawsuit or proceeding against the licensee to enforce the agreement, including any act to enforce payment of any amount due under the agreement, Mel Volkman shall be entitled to receive its costs and reasonable attorneys’ fees incurred to enforce the agreement. This agreement may only be modified in writing, signed by an authorized officer of Mel Volkman.
Indemnification. You agree to indemnify, defend and hold Mel Volkman and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of your breach of these terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Severability. In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Disclaimer Of Warranties & Limitation Of Liability. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Shop Mel Volkman, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the site, service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Prohibited Uses. In addition to other prohibitions as set forth in the terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
Updating Your Information. You may access and correct your personal information and privacy preferences by contacting us via email.
Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These terms are effective unless and until terminated by either you or us. You may terminate these terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
Information We Collect. Your privacy is important to us. Generally, any information collected on this website will not be sold or shared with third parties. We collect information from you when you subscribe to our blog/newsletter, fill out a form, or enter information on our site. This website collects the personal information you voluntarily provide to us, which may include first name, last name, email address, phone number, physical address, and any necessary financial information needed to complete your purchase. We also record information relating to your use of this website, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information.
When you browse our site, 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, operating system, and other similar information to help us improve your experience.
What We Do With Your Information. We use this type of information to administer the site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the website. The information you provide is used to process transactions, send periodic emails, and improve the service we provide.
How We Protect Your Information. 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.
While we make every effort to protect your personal information shared with us through our website, you acknowledge that the personal information you voluntarily share with us through this site could be accessed or tampered with by a third party. If a data breach were to occur, you will be notified within 72 hours.
You agree that we are not responsible for any intercepted information shared through our website without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.
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 us 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 any time, by contacting us at Hello@MelVolkman.com.
Payments. Our shop is hosted on Shopify Inc. They provide us with the online eCommerce platform that allows us to sell our products and services to you. We also accept payment for services through Square. Your data is stored through Shopify & Square data storage, databases, and the general Shopify & Square application. They store your data on a secure server behind a firewall.
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 shop and its service providers.
Third-Party Services. We do share your information with trusted third parties who assist us in operating our website, conducting our business, and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
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 in 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.
Google Analytics. Our site uses Google Analytics to help us learn about who visits our site and what pages are being looked at.
Cookies – We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer while you are viewing the website. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the website may not work properly or at all. This website does not respond to do not track signals sent by your browser.
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.
PREF, persistent for a very short period, set by Google and tracks who visits the shop and from where.
Subscription/Newsletter. We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes (not limited to) your name and email address. With your permission, we may send you emails about our website, shop, new products, and other updates. You may unsubscribe at any time by clicking “unsubscribe” in the footer of our emails, but please note that we reserve the right to maintain a database of past email subscribers. We also reserve the right to use this information as reasonably necessary for our business and as provided by law. Your information will be shared with trusted third-parties for the ordinary course of conducting our business, such as through Mailchimp or other marketing campaigns. We do not ever sell your information to third parties.
COPPA (Children Online Privacy Protection Act). When it comes to the collection of personal information from children under the age of 16 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 16 years old.
Disclosure. We may disclose your personal information if we are required by law to do so or if you violate our terms.
Updating Your Information – You may access and correct your personal information and privacy preferences by contacting us via email. 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, please contact us at Hello@MelVolkman.com.
Modifications. We reserve the right to modify any portion of our site and service, including our terms and policies at any time, so please review it frequently. If we make material changes to this policy, we will notify you here (dated at the bottom of this page) 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. You acknowledge and agree that it is your responsibility to review this website, our terms, and this policy periodically and to be aware of any modifications. Amendments are effective immediately upon posting to the website. Any use of the website or service by you after being notified means you accept these amendments.
Entire Agreement. The failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. These terms and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.
Contact. If you have any questions, please us directly at Hello@MelVolkman.com.
Updated May 24th, 2018.