SHIPPING POLICY
YOU WILL NOT RECEIVE ANY PHYSICAL PRODUCT.
Since digital products are delivered instantly, there will be no physical shipment involved.
Once your payment is successfully processed, you will instantly be directed to download your purchases. You will also receive an email with a download link and access instructions to retrieve your digital product. Please make sure to check your spam or junk folder if you do not see the email in your inbox.
Purchased files can also be downloaded at any time from the account page of shop.west-south.com.
If you encounter any issues with accessing or downloading your digital product, please contact digital at west-south dot com for assistance.
Last modified November 1, 2024
Digital Product USAGE
All products from West | South are Digital Products. You will not receive any physical product. Purchase of any Digital PDF Download does not include Revisions, Customizations, Renders of any Design on your home, Physical Samples, or Recommendations for Trades in your area. If you need those things, please book a West | South Consultation.
COLORS AND SAMPLES.
Swatches and colors shown in any Digital Product are for organizational purposes only. Actual color of all materials will vary from on-screen or print representation. To confirm your color choices prior to purchase, please view a physical color chip or sample.
IMPLEMENTATION.
The final results of any design within any Digital Product on your home may vary. West | South is not responsible for the final results or any implementation of any design on your home.
AVAILABILITY.
The availability of the materials and parts shown within any Digital Product are subject to the current available inventory of potential vendors, and West | South is not responsible for any materials or parts back-ordered or discontinued by any vendor, at any time.
USAGE.
The design information in any Digital Product is intended for aesthetic intent only and is not to be used for dimensional build or as a specification. Final approvals by your installers and contractors are required before ordering or installation. Follow all local and state permit regulations as required.
RESPONSIBILITY.
West | South is not responsible or liable for any permits, governmental approvals, manufacturing defects, acts of God, or delay or action of third parties.
COPYRIGHT.
West | South retains the ownership of copyright in any and all designs pursuant to federal copyright law (Chapter 17, Section 201-02, of the United States Code.) Any and all work contained within any Digital Product are expressly and solely owned by West | South. By purchasing any Digital Product, you are granted a nontransferable, nonexclusive, royalty-free license of only the designs within the Digital Product purchased with for the specific purpose of the exterior renovation of your residence. Any unauthorized use of the design, such as using the design for purposes other than those specified herein, will result in additional fees and/or royalty payments to West | South. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing you with a Digital Product.
RELATIONSHIP.
Your purchase of any Digital Product shall not be construed to create any association, partnership, joint venture, employee, or agency relationship between you and West | South for any purpose.
LIMITATION OF LIABILITY.
By purchasing any Digital Product, you agree that to the fullest extent permitted by law, West | South’s MAXIMUM TOTAL LIABILITY FOR ANY CLAIMS, BREACHES OR DAMAGES BY REASON OF ANY ACT OR OMISSION, INCLUDED BREACH OF CONTRACT AND NEGLIGENCE, SHALL BE LIMITED SOLELY TO THE DOLLAR AMOUNT OF THE PURCHASE PRICE OF THE DIGITAL PRODUCT. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, WEST | SOUTH SHALL NOT BE LIABLE FOR ANY CLAIMS FOR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, LOST REVENUES AND/OR REPLACEMENT COSTS. West | South is not responsible for any defective products, services or imperfect resources you purchased, and you waive any right to pursue any claim, demand, or cause of action against West | South for such. You acknowledge and agree that these limitations reflect a fair allocation of risk and that West | South would not offer this Digital Product without these limitations on its liability.
Last modified April 02, 2024
Digital Product RetuRN & REFUND POLICY
Last modified April 1, 2024
The ultimate goal is to make sure you're happy with your purchase and get the most out of the strategies provided therein.
However, as the products from West | South are delivered instantly after payment, refunds are not offered for any digital PDF download purchase. It is recommend that you review the product details carefully before making your purchase.
West | South will not issue refunds for any requests. All payments are non-refundable, and you are accountable for the full payment of the product you download, even if it’s not a good fit, or didn’t include what you expected.
TERMS AND CONDITIONS FOR ONLINE SALES
Last Modified: November 1, 2024
The following Terms of Use are entered into between You and MELISSA SIKORSKI LLC dba WEST-SOUTH (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly mention or incorporate by reference (collectively, “Terms of Use”), govern your access to and use of SHOP.WEST-SOUTH.COM, including any content, programs, functionality, products, or services offered through the site or related sites (the “Website”), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated by reference. If you do not agree to these Terms of Use, including the agreements incorporated documents, you cannot access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and comply with the terms of this Agreement. If you do not meet all of these requirements, you must stop using the Website.
1.0 WEBSITE.
WEST-SOUTH (herein referred to as “Company”) sells products and services on its Website. As a condition of purchasing and participating in the Website, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.
2.0 DISCLAIMER.
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Website.
You understand Company is not serving you as a licensed professional and is not providing accounting, tax, legal, financial, healthcare, therapeutic advice, diagnosis, or treatment. You understand that Consultant has not promised and will not; (1) procure or attempt to procure employment or business or sales for You; (2) perform any business management functions, including but not limited to accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for You; (6) introduce You to Consultant’s network of contacts, media partners or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the Website. You understand that a relationship does not exist between the parties after the conclusion of this Website. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.
3.0. PAYMENT
In consideration of your access to the Website, you agree to pay the following fees: the balance reflected on the sales checkout page (due immediately).
4.0. REFUND POLICY
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the Website.
No refunds are available for this purchase.
We will NOT provide refunds for any request. All payments are non-refundable, and you are responsible for full payment of the fees for the Website regardless of whether you complete the Website.
5.0. CONFIDENTIALITY
The Company respects your privacy and will not disclose any information you provide except as set forth in this Agreement and in the incorporated Privacy Policy. As a condition of participating in the Website, You hereby agree to respect the privacy of other Website participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Website participants outside of the bounds of the Website, in any format, unless you receive express written permission from such other participant to share the information. Similarly, the content of the Website contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided in the Website with anyone other than the Company, it’s owners and employees, and other Website participants.
6.0. GUEST CONTENT
The Company may provide information from a third party in the form of a podcast guest interview, audio interview, interview on another platform, guest blog post, panel, roundtable, or other format. The Company does not control the information provided by any third-party guest or its truthfulness and cannot guarantee the veracity of any guest information.
7.0. NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Website and its products, such as text, graphics, logos, slides, images, audio, video, as well as the compilation thereof, and any software used in the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You cannot use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Website are the trademarks of their respective owners.
Your participation in the Website does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Website, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a limited, personal, non-exclusive, non-transferable, license to access and use the digital products You purchased for your own personal or internal business use. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the product, in whole or in part. By purchasing, You further agree that You shall not create any derivative work based upon the products from the Website and You shall not offer any competing products or services wholly based upon any information contained in the products.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if You violate the Company’s intellectual property rights, your access to the Website will be terminated immediately, and You shall not be entitled to a refund of any portion of the fees. You may also be subject to further penalties or damages as permitted by the fullest extent of the law.
Company, its contractors, or the original creator of the material own all copyrights to material on the Website and all other intellectual property rights related to the products on the Website. You acknowledge and agree that You are expressly prohibited from using any materials found on this Website to the detriment of Company in any type of copyright, trademark, or patent infringement proceeding. Your failure to comply with this prohibition constitutes infringement of the materials at issue.
You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate on the date of this agreement and would be difficult for Company to prove. The parties intend that your payment of the Liquidated Damages Amount would serve to compensate Company for any breach by You of its obligations under this Section, and they do not intend for it to serve as punishment for any such breach by You. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150,000 USD per infringement, as liquidated damages and not as a penalty.
8.0 INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide You with access to the Website, for information and educational purposes. The information contained in the Website, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.
9.0 FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), server failures, data breaches, data loss or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10.0 SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate such term in any other jurisdiction.
11.0 MISCELLANEOUS
You agree to hereby absolve the Company of any and all liability or loss that You or any person or entity associated with You may suffer or incur as a result of use of the Website and/or any information and resources contained in the Website. You agree that the Company shall not be liable to You for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Website.
The information, software, products, and service included or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information in the Website. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If You are dissatisfied with the Website or any portion of it, your sole and exclusive remedy is to discontinue using the Website.
12.0 ASSIGNMENT
You may not assign this Agreement without the express written consent of Company.
13.0 MODIFICATION
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages You to periodically review the Terms to stay informed of our updates.
14.0 TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, if You become disruptive to the Company or other Website participants, if You fail to follow the Website guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
15.0 INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and related services, any user postings made by You, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with the Company in asserting any available defenses.
16.0 RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims You may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that You attempt to assert any such claim, You hereby expressly agree to present such claim only through binding arbitration to occur in Orange County, Florida. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims You and/or any entity related to You asserts against the Company. To the fullest extent permissible by law, You further agree that You shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
17.0 INTERNATIONAL USERS
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, You are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or territory or in any manner prohibited by any applicable laws, restrictions or regulations.
18.0 EARNINGS DISCLAIMER
Every effort has been made to accurately represent this product/Website and its potential. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by any platform, including YouTube, Instagram, or Facebook, nor have they been reviewed, tested, or certified by any platform.
There is no guarantee that You will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the individual person using our product, ideas and techniques. We do not position this Website as a “get rich quick scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, the individual ideas and techniques mentioned, your finances, knowledge and various skills and time commitment. Since these factors differ widely according to individuals, we cannot guarantee your success or income level. We wish you the best, but are not responsible for any of your actions in using this Website/program.
Materials in our products or Website may contain information based upon forward-looking statements within the meaning of the Securities Litigation Reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that You will achieve results similar to ours or anybody else’s, in fact no guarantees are made that You will achieve any results from our ideas and techniques in our material. Every person is different and every situation is different and success is highly dependent on individual work and fact-specific scenarios. All information is presented "as is" without any guarantees.
WEBSITE terms and conditions
Last modified May 20, 2024
PLEASE READ THESE TERMS CAREFULLY
These Terms of Use (the “Terms”) govern your use of and access to www.west-south.com and its sub-domains and affiliated sites, as well as Melissa Sikorski LLC’s (“West-South” “my”, “me” or “I”) pages and accounts on Pinterest®, Facebook®, LinkedIn®, Houzz®, Instagram® and Vimeo® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.
SITE CONTENT.
Melissa Sikorski LLC exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to a variety of Consulting & Styling Services You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $50 per incident for any unauthorized use of our content, at the sole discretion of West-South.
ARTIFICIAL INTELLIGENCE (“AI”) DISCLAIMER.
I may use AI technology to supplement or enhance content throughout the Sites and related materials. This may include, but is not limited to, AI-generated images, audio, or text (“AI-Generated Content”). However, while these tools may be used to suggest or enhance Site Content, all published content on the Sites or correspondence is wholly human, including but not limited to all opinions, thoughts, and ideas. As such, I expressly retain all copyright ownership to the Site Content. By visiting the Sites, you agree and acknowledge that I am not required to notify you when or how AI technologies are used.
While I have made reasonable efforts to ensure the accuracy and completeness of AI-Generated Content, you agree and understand that I expressly disclaim the accuracy of AI-Generated Content, including any and all liability for any errors or omissions in the Content produced by AI technology, and expressly advise that you exercise caution when relying on such content. As with all Site Content, you agree that use or access to any of the information provided on or knowledge gleaned from the Sites, including AI-Generated Content, does not create any sort of representation or future promise, and that use of any AI-Generated Content on the Sites is at your own risk.
I reserve the right to modify or remove any AI-Generated Content at any time without notice. If you have any questions or concerns about the accuracy of AI-generated content, please contact me at answers at west-south dot com for more information.
INTELLECTUAL PROPERTY.
Unless explicitly stated otherwise, as between you and West-South, West-South owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation and other matters related to or included on the Sites. My name, Melissa Sikorski, LLC and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.
THIRD PARTY RIGHTS.
Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by West-South either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.
If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.
LINKING TO OUR SITES.
Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with West-South; (ii) present false or misleading information about West-South or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.
ADVERTISEMENTS AND LINKS.
I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.
You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by West-South of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that West-South shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.
DISCLAIMER AND LIMITATION OF LIABILITY.
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. WEST-SOUTH, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.
Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.
CHOICE OF LAW AND VENUE.
These Terms are governed by the laws of the State of Florida without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Orange County, Florida.
privacy policy
PLEASE REVIEW THIS POLICY CAREFULLY
This Privacy Policy explains our practices regarding our collection, use and disclosure of information about you or other individuals, or information that could identify you or other individuals, through www.west-south.com, companion mobile apps, or related services and communications (collectively, the “Store” or the “Site”). We refer to this information throughout this privacy policy as “Personal Information.” Personal Information does not include information that has been de-identified or aggregated such that an individual can no longer be identified.
The WEST | SOUTH Sites are owned and operated by MELISSA SIKORSKI LLC or any affiliate, which will also be referred to herein as, “WEST-SOUTH”, “our”, “we”, “us”. The data controller of your Personal Information is MELISSA SIKORSKI LLC
WEST-SOUTH’s registered office is located at 476 Riverside Ave.Jacksonville, FL 32202. If you ever have questions about this Privacy Policy, please contact us at the information below. Please also review our full Terms and Conditions of Use, which also govern your use of the Sites. By using this Site, you are consenting to this Privacy Policy.
COLLECTION OF YOUR PERSONAL INFORMATION.
Unless we expressly note otherwise, we do not collect personally identifiable information from users of our Sites. “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, not including publicly available information or de-identified or aggregate consumer information. When you visit our Sites, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time and referring website addresses. We typically do not use this information for any purpose, but an example of when we may use this information is in implementing improvements and analyzing the Sites and for troubleshooting purposes. We also utilize this information to monitor and improve services and to ensure that your use of the Sites is in compliance with our Terms of Use. Most of our services do not require any form of registration, allowing you to visit the Sites without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to withhold any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, then your information may be processed also in the context of such transactions and for the purpose of executing the transactions.
LEGAL BASIS FOR PROCESSING
The above processing activities will be carried out only when one or more of the following legal bases apply:
- the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract;
- you have provided your consent to one or more processing activities;
- the processing is necessary for compliance with a legal obligation to which we are subject;
- the processing is necessary for the purposes of our legitimate interests. Details on the legitimate interests pursued by us are available upon request, to be forwarded at the contact details stated in this Privacy Policy.
When the processing is based on your consent, you are free to decide on whether or not to grant your consent and you will be entitled to withdraw the consent at any time, as described in this Privacy Policy.
When the processing is based on our legitimate interest, you will be entitled to exercise your right to opt-out or object to the processing at any time, as described in this Privacy Policy.
INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR
If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where my servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by me. These countries (including the United States) may not necessarily have data protection laws as comprehensively protective as your country of residence; however, my collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy.
If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to answers@west-south.com. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues. If you do withdraw consent, this will not affect the lawfulness of any processing that was based on your consent before its withdrawal. In addition to the foregoing, you have the right under the GDPR to lodge a complaint in respect of your data protection rights with the applicable supervisory authority for data protection in your jurisdiction. If you are in the United Kingdom, that supervisory authority is the UK’s Information Commissioner’s Office: https://ico.org.uk/. If you are located in the EU/EEA, a list of and more information about the EU/EEA Data Protection Authorities can be found at https://ec.europa.eu/newsroom/article29/items/612080.
SAFEGUARDING YOUR PERSONAL INFORMATION
We maintain physical, technical, and administrative safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through our website also by implementing adequate security measures as required by the applicable laws, we cannot and do not guarantee the security of any information you transmit on or through our website, and you do so at your own risk. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.
We use Secure Socket Layer (SSL)or similar industry standard technology to encrypt transmissions of sensitive information from your computer to our servers. However, when you communicate with us via email on our website, these communications may be handled via unsecured transmissions or by third party service providers. Please be aware that information provided (such as email address, payment information, etc.) may be accessible to others. For that reason, we ask that you protect yourself and not share sensitive information via these communication channels.
COOKIES: WHAT THEY ARE, AND WHY THEY ARE NEEDED.
A “cookie” is a small text file that identifies your computer or device. When you visit our website, unique cookies are placed on your browser, thus alleviating the need to continually log in with your username and password. Cookies may be stored within your system. To the extent we use cookies, we can only access information from a cookie sent by one of the Sites, not other websites. We may use cookies to personalize your visit to our Sites because tracking usage allows us to best determine the needs of our customers and advertisers.
MY POLICY WITH MINORS.
Our Sites are not intended for individuals under the age of 18. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. We do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. We do not sell products or services intended for purchase by children. If we discover or are otherwise notified that we have received any such information from a child in violation of this policy, we will delete that information.
DATA RETENTION
We only retain Personal Data collected from Users for as long as the User’s account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it unless otherwise required by law. We will retain and use information as necessary to comply with my legal obligations, resolve disputes, and enforce my agreements for a period of 10 years.
USE OF YOUR PERSONAL INFORMATION.
If you do choose to provide your personal information, we will not willingly share your information with companies outside my organization, except as described in this Privacy Policy. You may at times receive communications from us related to products and services that we believe might interest you. While we believe these services may enhance your time spent at the Sites, you will at all times have the option and ability to opt out from receiving these communications by specifically choosing to do so via a link which will be provided within emails that we send to you. We may disclose total aggregated user statistics in order to describe our services to potential advertisers, other third parties, affiliate companies, and for other lawful purposes.
The information we gather from you may be used in several ways, either now or in the future, to gain a better understanding of our Sites’ users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) we think might be of interest to you. We may also use information we gather from you to communicate changes and improvements to my website or any registration you have made.
We use information collected to provide and operate the Sites, to facilitate your online experience, to operate the Site features, to communicate with you (e.g., for customer support), to administer on-platform optimization and reporting, to improve customer experience through personalization of products and their application, and use your browsing and other information to help us analyze our Sites. We may use the information we collect for any other purpose that was disclosed to you at the time it was collected or for other purposes where these are not incompatible with the disclosed purposes or where we otherwise have your consent.
You have the right to request access to the information we have for you. You can do this by contacting us at answers@west-south.com. We will make sure to provide you with a copy of the data we process about you In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically unless the request specifies a different method. If you believe that the information we have about it is incorrect, or if you wish to remove your private information (such as an email address provided in an opt-in), you may contact us at answers at west-south dot com. Any data that is no longer needed for the purposes specified herein will be deleted.
We do not give away, sell, rent or lease any users’ personally identifiable information to any merchant, advertiser or web publisher. However, non-personally identifiable user information (such as usage pattern, browser type, and your computer) may be shared with third party businesses or advertisers with which I have a business or contractual relationship. We reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of West-South’s or its affiliates' assets, or to enforce our Terms of Use. We do not sell personal information we collect about you, including as the term “sale” is used within the meaning of the CCPA or the Nevada Act Relating to Internet Privacy.
Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. We do not monitor information you disclose on the Sites nor do we accept any liability associated with your voluntary disclosure of the same.
You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. We are not responsible for the privacy statements, policies or content of any other websites. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not us.
LIMITATIONS.
By using the Sites you agree that we are not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from me; or (iii) any accidental disclosure of your personal information made by us.
POLICY CHANGES.
We may modify this Privacy Policy from time to time. Any modifications will be effective immediately when we post them. We will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. When we update our Policy, we will note the date of revisions at the top of the Policy. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the Privacy Policy is included so that you can compare any different versions of the Privacy Policy to determine any changes made to the Privacy Policy.
YOUR COMMENTS AND CONCERNS.
This website is operated by Melissa Sikorski LLC dba West-South, 924 N Magnolia Ave Suite 202, Unit #5078, Orlando, FL 32803. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to answers at west-south dot com.
ACCESSIBILITY
If you are not able to access our form, you may request that a copy be provided to you in an alternative format by emailing answers@west-south.com
Notice under California Consumer Privacy Act
Last modified July 25, 2023
This Privacy Notice explains, in general, the procedures behind our collection, storage, and process of the information we may collect from you online, if any. This notice is intended to operate as a supplement to our Privacy Policy, for the sole purpose of defining rights that California consumers may have with respect to our Sites under the California Consumer Privacy Act of 2018 (“CCPA”).
Terms such as “personal information” and “processing” that are defined in the CCPA will have the same definitions in this Notice as we understand them to have under the CCPA. This includes exceptions to certain terms under the CCPA. For example, “personal information” under the CCPA does not include publicly available, aggregate consumer information, or de-identified, information.
The following chart is for the sole purpose of demonstrating the categories of information we may collect online, and other relevant information, such as why we collect information, how it is shared, if it is shared, and whether we sell that personal information.
Personal Information:
Type of Information Collected: Name, email address
Purpose for Collection: Information requested on our newsletter page, located at west-south.com
Who do we share Information with?: Third party service providers as necessary to administer, facilitate, and enhance the provision of our Sites under agreements that such providers maintain the information confidential.
Type of Information Collected: Browser type, length of visit, pages visited, referring site
Purpose for Collection Collected automatically through various website tools we employ, as defined in our Cookie Notice. Collection of such information aids in improving our website for our visitors.
Who do we share Information with?: Third party service providers as necessary to administer, facilitate, and enhance the provision of our Sites under agreements that such providers maintain the information confidential.
If you would like to request additional information, please email answers at west-south dot com, and complete the following:
• Identify yourself
• Specify the information you request to be accessed, corrected, or removed
Please note that we reserve the right to request additional information to verify the above, including a form of government-issued identification. We additionally reserve the right to decline to process requests if you fail to provide either of the above, if we believe the request will violate any other law or legal requirement, cause the information to be incorrect, or jeopardize the privacy of others.
Written responses to information requested under this section will be delivered by electronically. If a request is declined, we will provide an explanation as to why. We will not discriminate against you for exercising any rights available to you under applicable law.
We additionally reserve the right to modify, or delete some or all of your information collected. In such a case, we will retain data as reasonably necessary to comply with any legal obligations, including regulatory, security, or dispute requirements, law enforcement requirements, to prevent fraud or abuse, or to enforce obligations, including any other requests from you.
To make a request, you’re welcome to contact us at the information provided in our Privacy Policy. You can designate an agent to make a request on your behalf in one of two ways: (1) having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf. Please note that we may still require you to verify your identity before we process a request submitted by your agent.
