PLEASE READ CAREFULLY.
BY USING THIS SITE YOU SIGNIFY YOUR ACCEPTANCE TO THESE TERMS OF USE.
If you do not agree with any of our Terms of Use, do not use this site.
The Down Source reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates.
- Matter You Submit to The Down Source
- Privacy
- Other Sites Which May Be Linked to this Site
- Disclaimer
- Limitation of Liability
- Termination
- The Law that Governs this Web Site
All material on this site, including for example images, illustrations, and special surveys, sweepstakes, games, and promotions, is protected by copyrights which are owned and controlled either by The Down Source, an affiliated entity, or by third parties who have licensed their material to The Down Source. Material from www.TheDownSource.com may not be copied, downloaded, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any purpose other than your own personal, non-commercial, home use is a violation of the copyrights and other property rights held by The Down Source, or affiliated companies. The use of any such material on any other Web site or networked computer environment is prohibited.
The trademarks, logos, and service marks (collectively the "Trademarks") which you see on this site are registered and unregistered trademarks of The Down Source, the participating unaffiliated merchants shown or Rook Enterprises, LLC, its affiliates, and others. Nothing in this site grants to you any license or right to use any Trademark displayed on this site without the written permission of the owner of the Trademark. Your use or misuse of the Trademarks displayed on this site, or any other content on this site, is strictly prohibited.
This site is controlled and operated by Rook Enterprises, LLC, a New York limited liability company located at: 29 Wayfaring Lane Rochester, NY 14612 with an e-mail address for our Manager at rookenterprises@frontiernet.net. The phone number is (585) 720-0618.
The Down Source welcomes your comments regarding our merchandise and services, including our Internet site. However, any notes, messages, billboard postings, ideas, suggestions, photographs or other material which you submit to The Down Source will become property of Rook Enterprises, LLC and The Down Source shall be entitled to use any kind and nature of material which you submit for any type of use forever including in any media whether now known or hereafter devised. When you submit material to the The Down Source site, you agree that The Down Source has the right to publish the material for any type of use as outlined above including for promotional and advertising purposes, without compensation to you of any kind. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork.
You agree to indemnify Rook Enterprises, LLC, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions.
The Down Source
29 Wayfaring Lane
Rochester, NY 14612
1-585-298-8583
Where you go and what you do — What we know without you telling us!
Data about your activity while here on this site is automatically provided to The Down Source when you sign on. For each visitor, our Web server automatically recognizes only your domain name, but not your e-mail address. We collect only the domain name, but not the e-mail address of visitors to our Web pages; we collect aggregate information on what pages consumers access or visit, how many visits we get, and information such as where visitors arrived from as far as other sites on the Internet or if they directly typed our website address into their browser. It is used by us for internal review in aggregate and non-personally-identifiable form.
Cookies — How we know what we know without you telling us!
When you come to The Down Source or when you register with The Down Source we create your personal profile, assign a personal identification number, then send this personal identification number back to your computer's hard drive in the form of a "cookie," which is a very small bit of code. A "cookie" is very small text file placed on your hard drive by a Web Page server. It serves as your personal identification card, and cannot be executed as code or deliver viruses. The use of cookies is an industry standard; you will find them at most major Web sites. Cookies make Web-surfing easier for you by saving your preferences while you're at our site. We never save passwords or credit card information in cookies.
Cookies enable us to know more about your use of the site, and allow you to utilize some of our website's functionality, and correspond with us about your personal profile without having to fill out registration forms with information you've already provided. We use cookies to record session information, such as items that you added to your shopping cart and to conduct marketing tests on our Web pages. By showing how and when you use the site, cookies help us see which areas and products are popular and which are not. Many improvements and updates to the site are based on such data as total number of visitors and pages viewed. This information is most easily tracked with cookies. We use the information from cookies to provide services better tailored to our visitors' needs.
The purpose of a "cookie" is to tell the server that you returned to that Web page. Of course, if you never register or leave personal information with The Down Source then the server only knows that someone with your cookie has returned to the Web site. You are in charge of deciding whether we know anything about you. But the more you tell us about yourself, the more we can help you find the information or products you want.
Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, note that some parts of The Down Source website and its functionality and links will not function properly or may be considerably slower if you refuse cookies. For example, without cookies, you may have difficulty completing shopping transactions, entering giveaways, or creating your personal profile. You can order your browser to accept all cookies or to alert you every time a cookie is offered. Then you can decide whether to accept one or not. If you want to control which cookies your computer accepts, just follow the instructions for your particular Internet browser system located at http://www.microsoft.com/term/privacy.htm.
Your E-mail address — Do We Know It?
Your E-mail address and other personally identifying data about you is known to The Down Source only when you voluntarily submit it to The Down Source. We collect your e-mail address only if you post a message to us, if you communicate with us via e-mail, if you ask us to communicate with you by e-mail such as for a confirmation of your order or shipment advice, or if you volunteer it for any reason, such as survey information and/or site registration, or sign-up for our monthly newsletter - Keeping Up with Down - and if you started but did not complete an order.
Your E-mail address — What Do We Do With It?
If you begin to place an order from this website, and if you have at any time given us your e-mail address, we will use your e-mail address not only to communicate with you about the status of your order but also to send you our own e-mails regarding special sales, exclusive offers, and other valuable promotions that we think will interest you.
If you enter one of our giveaways, or sign up for our monthly newsletter and give us your e-mail address, we will use your e-mail address not only for the purpose it was submitted, but also to send you e-mails regarding our own special sales, exclusive offers, and other valuable promotions that we think will interest you.
Like many other online merchants, we participate in cooperative database services which assist us in the matching of offline and online purchasing behavior, and marketing analysis, so that participants can better analyze and understand the differences and tendencies of print catalog purchasers and website visitors, and so that we can maximize the benefit of postal mail and e-mail we send to you. This sharing of information allows us and other interested parties to make future marketing efforts more efficient. These cooperative database services and their participants, however, have no right to use your e-mail address to send you e-mail. At any time, the only person who will e-mail you is us. Lastly, we do not rent e-mail addresses to outside parties or allow any outside parties to use them for e-mailing purposes.
Personal Information Other Than Your E-mail Address
Your Privacy Rights - The Down Source has a policy of not disclosing the personal information of our customers to third parties for their own direct marketing purposes if our customers have exercised their option to prevent that information from being disclosed to third parties for such purposes. The following paragraphs explain what we do with your personal information and how you can prevent it.
We will use your shipping and payment address, and the address you give to us when you "register" your profile with us, to send you promotional literature for The Down Source, and catalogs of our participating third-party merchants and affiliated companies which we feel will be of interest to you, all by postal mail.
If you have given us your telephone number, when registering your profile with us or when ordering merchandise from us, we may use your telephone number to reach out to you to follow up on your order of merchandise, including follow-up marketing. We do not share your telephone number with any outside parties for any purpose whatsoever.
We indefinitely maintain all of the information you give to us, to help us serve you better and to understand our customers and their purchasing patterns over time. Any payment information that is maintained by us is masked to keep it protected in the unlikely event of unauthorized breaches of security.
We share your name, address and purchase information directly with select merchants who are marketing affiliates of ours. We use this information to match against our own offline catalog information (available from our records and other sources, such as demographic information and past purchase history) and we allow our marketing affiliates to use this information to match against their own offline information (available from their records and other sources, such as demographic information and past purchase history). This sharing of information allows us and other interested parties to make future marketing efforts more efficient. It may be used by our select marketing affiliates to send you offers of interest, by regular postal mail. If, at any time, we are required to share your full credit card information with marketing affiliates so they can bill you for a product or service, you will be made aware at the time of offer that the product or service is being provided directly by that vendor and we will clearly ask for your consent to make that transfer of your credit card information through secure transmission.
Like many other online merchants, we participate in cooperative database services which assist us in the matching of offline and online purchasing behavior so that participants can better analyze and understand the differences and tendencies of print catalog purchasers and website visitors and we can maximize the benefit of postal mail and e-mail we send to you if you have signed up with us to receive postal mail or e-mail. It may be used by other cooperative database participants to send you offers of interest by postal mail.
Correction of Your Personal Profile
You can always edit or correct any personal information you give The Down Source by writing to us at support@thedownsource.com.
Shopping Analysis Provided by Third Party
The Down Source uses a number of third party data gathering and analysis services, which aggregate information into broad categories to help us provide you better products, services, and improved websites. We refer to them here as our "Data Compilers". Our Data Compilers are contractually bound to keep our visitorsÂ’ and customersÂ’ data absolutely secure and confidential, and only to analyze the information they have access to by the software we license from them and return it back to The Down Source. They have no rights to use this information for any purpose, match it against any other information in their possession, nor transfer or disclose this information to anyone other than to The Down Source.
Customer Privacy During Tracking By Our Data Compilers.
Our Data Compilers have adopted privacy guidelines set by the Federal Trade Commission. The Down Source relies on our Data Compilers and encourages you to learn more about our each of their Privacy Standards and any available opt-out choices.
It is possible that The Down Source, Rook Enterprises, LLC, or its affiliated companies, or any combination, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that The Down Source would share some or all of your information in order to continue to provide The Down Source shopping experience. You will receive notice of such event (to the extent it occurs) as provided in the paragraph below entitled "Notice", and we will require that the new combined entity follow the practices disclosed in this Privacy Policy with respect to your personal information.
Disputes
If at any time you have a question or dispute concerning your visit here, your order transaction, or our compliance with this privacy policy, you may contact us at support@thedownsource.com. Please provide your first and last name, order number (if any) and, if you have a question about our merchandise, item number(s), and we will get back to you promptly. If we are unable to resolve your complaint to your satisfaction, you may elect to proceed to submit your complaint to an independent arbitrator to obtain an impartial assessment of your case, in writing. Any such arbitration will be deemed "conditionally binding", meaning that the decision of the arbitrator will be binding upon The Down Source if you elect to accept the decision, and it will be binding upon you as well. If your dispute concerns our compliance with this privacy policy, and if we are unable to resolve your complaint to your satisfaction, you may elect to proceed with BBBOnLine's Privacy Policy Review Service by completing the BBBOnline complaint form.
Security
The importance of security for all personally identifiable information associated with our customers and visitors is of utmost concern to us. We exercise great care in providing secure transmission of your information from your PC to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Down Source cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our very best effort to ensure its security on our systems. When your credit card information is transmitted to The Down Source we use industry standard, SSL (secure socket layer) encryption to ensure the security of your information. We also have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at The Down Source.
Disclaimer
The Privacy Policy adopted by The Down Source and all statements contained on this site about privacy and how we deal with data supplied by visitors to this site are not intended to be a contractual obligation of any kind and any such obligation is hereby disclaimed. These statements constitute the present policy of The Down Source as to which it will take reasonable measures to implement. Similarly this Privacy Policy is not intended to be "advertising" or "advertising claims." Rather it is intended to set forth our policy, including our practices and intentions about how we conduct our business.
Notice
We may change this Privacy Policy from time to time. All changes to this policy which we deem material and which affect your personal identifiable information are effective only after we provide you with at least thirty (30) days' notice of the changes by posting the changes here in Terms & Conditions for Use of Site and sending an e-mail to users who have provided us their e-mail address for this purpose. We provide you with thirty (30) days' notice to give you the opportunity to notify us if you do not agree to the changes we highlight to you in our e-mail notice. Our e-mails will always remind you that you have the opportunity to inform us of your preferences, and will alert you how to inform us of your preferences by such e-mails and through this Privacy Policy. If we make any changes which have no effect upon the collection of your personal information (ie. revisions to our access and access of third parties to your activities here on an anonymous basis only), then you will not receive an e-mail notification of the change. Such changes will become effective five (5) days after we post the revision to our Privacy Policy on this site.
The Down Source may include some links to other Internet sites maintained by Rook Enterprises, LLC, or third parties for your convenience only ("Linked Sites"). Neither The Down Source, its parent companies, shareholders, nor their affiliates operate or control in any respect any information, products or services on Linked Sites which are not owned or controlled by an affiliate of Rook Enterprises, LLC. You access them at your own risk and by accessing them you leave the The Down Source site. The Down Source and Rook Enterprises, LLC, whether or not we have a relationship with Linked Sites, are not responsible for the content on the Linked Sites and disclaims all liability for any injury you experience while you are in such Linked Site.
THE MATERIALS IN THIS SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ROOK ENTERPRISES, LLC DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ROOK ENTERPRISES, LLC DOES NOT WARRANT THAT THE MATERIALS WILL BE ACCURATE, RELIABLE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THIS SITE OR THE TECHNOLOGY THAT MAKES IT AVAILABLE, ARE IMMUNE TO HACKER ACTIVITY, ELECTRONIC OR NON-ELECTRONIC TAMPERING, COMPUTER CRIME, OR THEFT.
Neither Rook Enterprises, LLC nor its affiliated or related entities or its vendors or content providers are responsible or liable to any person or entity whatsoever for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from (1) any The Down Source information or opinions provided on the The Down Source site or from the use of, or the inability to use, The Down Source materials on the site, or (2) any electronic or non-electronic tampering with the site, hacker activity, computer crime, or theft of personal information. You specifically agree that Rook Enterprises, LLC are not liable for any defamatory, offensive or illegal conduct of any user, or for any illegal tampering with the site, hacker activity, computer crime, or theft of your personal information. If you are dissatisfied with the The Down Source site or any materials on the site, or with any of the The Down Source Terms of Use, your sole and exclusive remedy is to discontinue using the The Down Source site.
These Terms of Use constitute an agreement which is effective until terminated by The Down Source at any time, without notice. The Down Source may terminate your right to use this site immediately without notice to you if, in The Down Source's sole discretion, you fail to comply with any of these Terms of Use. In the event of termination, you are no longer authorized to access the The Down Source site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive the termination of this agreement. These Terms of Use constitute the entire agreement between you and Rook Enterprises, LLC relating to the subject matter addressed herein.
This agreement is governed by and shall be construed in accordance with the laws of the State of New York, the principal place of business of its parent company, without giving effect to any principles of conflicts of law. You agree to bring any claims against Rook Enterprises, LLC, exclusively in the state or federal courts of New York. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
The material that you read in the The Down Source site is provided solely for entertainment, promotional, and commerce purposes.
Typographical Errors: Although all information on this website and in our print catalogs has been carefully checked for accuracy, typographical errors and omissions occur and are therefore subject to correction. We regret any inconvenience.
