Terms & Conditions
Terms of Use
Introduction
Your use of this website is governed by the terms and conditions set forth below (the “Terms of Use”). Please read them carefully. By using this website, you agree to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not use this website and should exit from it now. Weathersby Guild, LLC, which operates this website (collectively, “Weathersby Guild,” “we,” or “us”), reserves the right to change this website and these Terms of Use at any time without notice to you by posting such changes to this website. You can view the most current version of these Terms of Use by clicking on the "Terms of Use" hypertext link located at the bottom of the home page on this website.
Usage Restrictions
You may not copy, distribute, or transmit any of the content of this website without our prior written consent. You may, however, make one copy of any material on this website for personal, non-commercial use provided that you neither modify nor alter the material in any way, nor delete or change any copyright or trademark notice. We reserve complete title and full intellectual property rights for materials copied from this website. We provide the content of this website for lawful purposes only.
You may not use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any of its content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through this website. We reserve the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of this website, or any other systems or networks connected to this website or to any of our servers, or to any of the services offered on or through this website, by hacking, password "mining," or any other illegitimate means.
You may not probe, scan, or test the vulnerability of this website or any network connected to this website, nor breach the security or authentication measures on this website or any network connected to this website. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this website or any transaction being conducted on this website, or with any other person’s use of this website.
You may not use this website or any of its content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
We cannot and do not guarantee or warrant that files made available for downloading through this website will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. By accessing this website, you acknowledge and agree that it is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through this website are free from such contamination.
Links to Other Sites
This website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the companies or the content of any linked third-party websites. We do not control nor are we responsible for the content of linked third-party websites, and we make no representations regarding the content or accuracy of materials on the linked third-party websites. If you access any linked third-party websites, then you do so at your own risk.
Privacy and Protection of Personal Information
Please see the "Privacy Policy" hypertext link located at the bottom of the home page on this website regarding the collection and use of your personal information. Additionally, by using this website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Accounts, Profiles, Passwords, and Security
Certain features or services offered on or through this website may require you to open an account (including setting up a username and password) or create a profile for use in applying for something (for example, a job). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to this website due to someone else using your username, password, or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s username, password, or account at any time without the express permission and consent of the holder of that username, password, or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Trademarks
Absent a written license agreement, you may not use these trademarks or any other trademarks belonging to Weathersby Guild or its affiliates except for descriptive purposes. Other trademarks used on this website are the property of their respective owners and are used on this website solely for descriptive purposes. Mention on this website of trademarks held by other parties should not be construed as a challenge to such trademarks’ status or ownership.
Copyright
The entire contents of this website, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the property of Weathersby Guild, its content suppliers, affiliates, or its clients and are protected by domestic and international trade dress, patent, copyright, and trademark laws and various other intellectual property rights and unfair competition laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without our prior express written consent.
Your submissions of files, including, but not limited to: resumes, email, Flash movies, images, logos, audio loops, and other software, hereby constitute your agreement to grant us a nonexclusive, royalty-free, worldwide, sublicensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense, and publicly display any such submissions. You also grant us the right to utilize your name in connection with all advertising, marketing, and promotional materials related thereto.
International Use
Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Warranty
WE PROVIDE THIS WEBSITE AND ITS CONTENT "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE, ANY CONTENT FROM THIS WEBSITE, OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THIS WEBSITE.
Indemnification
You agree to indemnify, defend and hold harmless Weathersby Guild, its parent, affiliates, shareholders, agents, licensors, suppliers, and any third-party information provider to this website, together with their officers, directors, owners, partners, and employees, from and against all losses, expenses, damages, and costs, including attorney’s fees, resulting from: (a) any violation of these Terms of Use (including negligent or wrongful conduct) by you; or (b) your use and access of this website.
Violations of these Terms of Use
You agree that we, in our sole discretion and without prior notice, may terminate your access to this website and/or block your future access to this website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of this website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to us, for which monetary damages would be inadequate; and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You agree that we, in our sole discretion and without prior notice, may terminate your access to this website for cause, which includes: (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of this website or any service offered on or through this website, or (4) unexpected technical issues or problems.
Resolution of Disputes
Governing Law/Disputes. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee without application of conflict of laws rules. Venue for all Claims (defined below) not subject to arbitration shall be in state or federal courts located in Shelby County, Tennessee.
Resolution of any Dispute. In the event a dispute arises between you and us, we want to provide you with an efficient, neutral, and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our customer care department, which may be accessed by clicking on the "Contact Us" link in the side menu. If, however, there is an issue that needs to be resolved, the following terms describe how both of us will proceed:
Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND WE EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and we agree that any dispute, controversy, or claim arising out of your use of this website or its content ("Claims") which cannot be settled by mutual agreement of the parties shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitrator’s decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Class Action Waiver. You and we each agree that each of us is waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations shall be conducted on an individual (and not a class-wide) basis; and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person ("class action waiver").
Choice of Law. This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.
Exception. Any claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim shall not be subject to arbitration.
Additional Terms
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. If any of these terms shall be deemed invalid, void, or, for any reason, unenforceable, that term shall be deemed severable and shall not affect the validity or enforceability of any remaining term. Any rights not expressly granted herein are reserved.
Entire Agreement
These Terms of Use constitute the entire agreement between you and us regarding this website. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding this website. No modification of these Terms of Use will be effective unless we authorize it.
Privacy Policy
Effective Date: January 1, 2023
Introduction
This Privacy Policy (“Privacy Policy” or “Notice”) outlines how Weathersby Guild collects, uses, maintains, and shares information obtained when you interact with us and our services, including our website at weathersbyguild.com.
Please note that this Privacy Policy does not apply to services or websites displaying a different privacy policy, including franchisee websites with their own privacy policies. It also does not cover information collected by any third party, including through applications or content (including advertising) accessible from or on the Site.
1. INTRODUCTION
This Privacy Policy describes how Weathersby Guild collects, uses, maintains, and shares information collected about you when you interact with us and with our services, including our website at weathersbyguild.com.
This Privacy Policy does not apply to services, or websites that display a different privacy policy, including franchisee websites that have their own privacy policies. It also does not apply to information collected by any other third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.
2. WHAT INFORMATION DO WE COLLECT?
We collect various types of information from you, including Personal Information. “Personal Information” or “Personal Data” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include publicly available, de-identified, or aggregated information.
Here are examples of the types of information that may be collected about you when you interact with us, our services, or our Site:
Identification Information such as name, postal address, email address, unique personal or online identifier, internet protocol (IP) address, account name, Social Security Number (SSN), driver’s license, or governmental identification number.
Customer Records including records of the services you have purchased, obtained, or considered, other purchasing or consuming histories or tendencies, or educational, professional, or employment-related information.
Financial Information such as debit or credit card information, bank account information, signatures, or billing addresses.
Correspondence including information provided when you call, email, or write to us, respond to voluntary surveys or feedback requests, or enter a contest or promotion.
User-Generated Content such as content generated by engaging with Weathersby Guild's publicly-facing interactive properties (e.g., its social media pages), including comments, recommendations, reviews, ratings, or any other posts or information voluntarily submitted to such properties (“Public Activities”).
Internet or Other Similar Network Activity including browsing or search history; device information, such as hardware, IP address, operating system version, browser type and settings, language and font settings, or other information about the device used to access the Site; or other information about your interaction with a website, application, or advertisement.
Geolocation Information such as physical location or movements.
3. HOW DO WE COLLECT THIS INFORMATION?
We collect Personal Information directly from you, your devices or browser, vendors that assist us in providing our services and running our internal business operations, data analytics providers, advertising networks, suppliers, social media platforms, and other data providers.
We collect information from you when you directly provide it to us, such as when you: place an order for services; correspond with us through any communication channel; enter into promotions that we offer; engage with us through our social media accounts; or review us online.
We and our third-party service providers collect information automatically about you. We use tracking tools to collect site usage and demographic information. Tracking tools include browser cookies. We do this on our websites and in emails that we send to you. We collect information about users over time when you use our websites. We have third parties collect personal information this way.
We collect information about you from third parties. We may obtain information about you from other trusted third-party partners, such as franchisees, affiliate companies, analytics or marketing providers, or public databases, to update or supplement information about you, such as information to validate or update your address or other demographic and lifestyle information. We also may collect Personal Information from vendors that assist us in providing our services and running our internal business operations, data analytics providers, advertising networks, suppliers, social media platforms, and other data providers.
4. WHY DO WE COLLECT THIS INFORMATION?
We collect the information described above, subject to applicable laws, for various purposes, including but not limited to:
To provide you with, process payment for, and manage services you request;
To provide you with ongoing customer support and effective customer service;
To enable you to provide us with feedback, participate in surveys, and contact us, and for us to contact you;
To administer promotions you enter, such as a contest or sweepstakes;
To carry out our obligations and enforce our rights arising from this Privacy Policy, the Terms of Use, and any other contracts entered into between you and us, including for billing and collection;
To send you communications of interest, such as emails or text messages about Weathersby Guild, its affiliates, and franchises and our services;
To deliver behavioral advertising to you on behalf of ourselves and advertisers based on your activity on the Site and on third-party sites and applications;
To personalize your overall experience with the Site;
To customize, measure, and improve our Site, products, services, content, and advertising;
To protect, enforce, or defend the legal rights, privacy, safety, or property of ourselves, our employees, our agents, or others, and to comply with applicable law;
For purposes disclosed at the time you provide your information and as otherwise set forth in this Privacy Policy; and
For any other purpose with your consent.
5. HOW DO WE SHARE YOUR INFORMATION?
We may disclose Personal Information described in this Privacy Policy as follows:
We share your Personal Information with our affiliates for the purposes listed in this Privacy Policy.
By providing your contact and other information to Weathersby Guild or through this Site, you have given your express consent for Weathersby Guild to share your information with its franchisees and for Weathersby Guild and its franchisees to use your personal information as outlined in this Privacy Policy.
We contract with service providers that we use to help us operate our business and the Site or provide services on our behalf. For example, these services may include payment and billing processing, fulfillment of orders, shipping, IT and related infrastructure provision, customer service, advertising, email distribution, research and analytics, or management of sweepstakes, contests, or promotions.
We may, without your consent, access, preserve, and disclose Personal Information as required by law. Additionally, we may disclose your Personal Information if we believe such action is necessary to: prevent or investigate suspected fraud, violations of our Terms of Use or other policies, or activity that appears to us to be illegal or may expose us to legal liability; protect the physical safety of any person or property; protect and defend our rights and property; or prevent or address inappropriate conduct on the Site or through our communication channels.
We reserve the right to transfer any information we have about you in the event that we sell or transfer all or a portion of our business or assets to a third party. In addition, information about our customers and registered users may also be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support, or funding.
We may share aggregated or de-identified information, which cannot reasonably be used to identify you, for any lawful purpose.
6. HOW DO WE USE COOKIES?
We use cookies and similar tracking technologies to track the activity on our Site and hold certain information. Cookies are files with a small amount of data that may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device.
We use cookies to collect information and improve our Site and services. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
7. HOW DO WE KEEP YOUR INFORMATION SECURE?
We use appropriate technical, organizational, and administrative security measures to protect any information we hold in our records from loss, misuse, unauthorized access, disclosure, alteration, and destruction.
Please be aware that despite our efforts, no data security measures can guarantee 100% security all of the time. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
8. YOUR RIGHTS AND CHOICES
We want you to be in control of how your Personal Information is used. Here are some rights and choices you have regarding your Personal Information:
Access, Update, and Correction: You have the right to access, update, or correct your Personal Information. You can request access, updates, or corrections to your Personal Information by contacting us using the contact information provided below.
Opt-Out of Marketing Communications: You can opt-out of receiving marketing communications from us at any time by following the instructions provided in those communications, clicking on the “unsubscribe” link in the emails, or by contacting us using the contact information provided below.
Location Information: You can prevent your device from sharing precise location information at any time by adjusting the settings on your mobile device. However, this may limit certain features or services.
Do Not Track Signals: Some web browsers may transmit “do not track” signals to websites with which the browser communicates. Our Site does not currently respond to these “do not track” signals.
9. MINORS
We do not knowingly collect Personal Information from anyone under the age of 18. If you are under 18, do not provide any Personal Information to us.
10. CHANGES TO THIS PRIVACY POLICY
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Site prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
11. CONTACT US
If you have any questions about this Privacy Policy, please contact us.
Accessibility
The Weathersby Guild is dedicated to ensuring the accessibility and usability of its website, weathersbyguild.com, for all individuals. As part of this commitment, Weathersby Guild is actively working on incorporating functional enhancements in line with the relevant sections of the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) 2.0 & 2.1 levels A-AAA.
Reach Out to Us for Accessibility Inquiries
We want to emphasize that our efforts to improve accessibility are continuous. Should you have any particular questions or issues regarding the accessibility of our websites, please don't hesitate to contact us.