Use Of The Website
The Company intends that the Website will be viewed by U.S. persons. This should not be viewed as a solicitation or offer of services in any jurisdiction in which the Company is not qualified to do business. It is provided for informational purposes only.
Disclaimer of Warranties and Limitation of Liability
(a) Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE; OR (ii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIALS OBTAINED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
(b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE COMPANY, ITS PARTNERS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED, TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, FROM OTHERS USING THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT THE COMPANY IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM THE COMPANY OR ITS PARTNERS AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM. NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATION ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY IS CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS IN THE AGGREGATE FOR ALL CLAIMS AGAINST THE COMPANY AND THE COMPANY INDEMNITIES.
(c) Exclusions and Limitations: The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
You agree to defend, indemnify and hold harmless the Company, its affiliates, partners, advisors, employees, members, managers, officers, directors, agents, licensors, licensees or content providers (the “Company Indemnities”) from any claims, losses, damages, expenses, demands, and costs (including, without limitation, reasonable attorneys’ fees), arising out of or relating to your use of the Website.
Third Party Links
The Website may contain hyperlinks to third party websites (“Links”). Links may be made available to assist you, the user. The Company does not control such Links. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links does not imply any endorsement by the Company, including, but not limited to, opinions, statements, information, individuals or entities referred to on such Links or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators. Linked sites or other websites may also have a hyperlink to this Website; the Company is not, and you agree that the Company is not, responsible for the content of any such website or the actions of any operator of any such website.
Limitation on Time to File Claims
Legal Notices and Contact Information
If you intend to carry out legal action of any kind against the Website or the Company, you are required to contact the Company seven (7) business days before any legal claim is made. Please remember the Website is intended to benefit its users and the Company intends no harm to you or anyone else by operating this Website.
Contacting the Company
Updated as of October 25, 2015.
Collection of Information
In general, the Website gathers some generic information automatically through the use of log files or otherwise. Generic information does NOT reveal your identity. It can include, but is not limited to, information about the Internet Protocol (“IP”) address assigned to your computer, browser type, Internet Service Provider, platform type, referral source, regional information about the visitor, the number and frequency of visitors, time spent on the site, and the Web pages visited (“Non-Personally Identifiable Information”). The Non-Personally Identifiable Information that you provide to the Website or that is automatically collected is not sold to other parties, but may be disclosed as we deem appropriate in connection with operating and/or providing services through the Website.
IP addresses are unique numeric identifiers that are assigned to each computer browser accessing the Internet. An IP address, by itself, cannot identify you personally. However, when combined with other information provided by your Internet Service Provider (ISP), your IP address can be used to identify the computer accessing the Website. Under certain circumstances, recipients, their legal representatives, and/ or law enforcement authorities, may be able to combine this with information disclosed by ISPs to determine the source of a particular communication. By using this Website, you knowingly and voluntarily assume any risks associated with such disclosure.
Pages of the Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).
The Website does not track, collect, or distribute personal information about visitors (such as name, address, email address, telephone number, credit card information or any other information that might reasonably be used to identify visitors personally), except when such information is specifically and knowingly provided by you. Thus, we will only collect personally identifiable information, such as your name, address, email address, telephone number or any other information that might reasonably be used to identify visitors personally (“Personally Identifiable Information”), provided to us in an email, on a form, in an online survey or in any other manner when this information is intentionally transmitted to the Company by you. We may use Personally Identifiable Information to market services from the Website and/or the Company or provide related information that we believe might be of interest to you. Our use of any such Personally Identifiable Information shall at all times be in accordance with applicable laws, rules, and regulations.
We may use Personally Identifiable Information to contact you or to send you news and information about the Website or the Company. We will typically only send you such information if you have opted in or requested to receive such information. To opt out of receiving future mailings, see the Opt Out section below. The Company will not knowingly sell or distribute Personally Identifiable Information to third parties for their marketing purposes. If we use or partner with third parties to provide specific services or information to you, those third parties may be allowed to use your Personal Information to provide such services.
Within the Company, your Personally Identifiable Information will be transmitted and stored in a commercially reasonable manner. We will use commercially reasonable efforts in order not to allow your Personally Identifiable Information to be seen by any third parties other than those that have been engaged by the Company to provide services to you or for which you have been notified of and provided your consent. We may use Personally Identifiable Information we collect to improve and enhance your overall Website experience. For example, the Company may use it to recognize you and welcome you to the Website or to contact you or reply to your requests or send you news and information relating to the Website or Company.
In certain circumstances, the Company may share Personally Identifiable Information or Non-Personally Identifiable Information when the Company believes it is necessary to comply with the law, court order, to protect against misuse or unauthorized use of the Website and/or any service offered therein or to protect the rights, property or safety of the Company’s interests or its customers and you hereby agree to such disclosure. This may include sharing information with other companies, lawyers or government agencies in connection with fraud protection and credit risk reduction or investigating reports of users using a false email address or users sending or posting harassing, threatening, or abusive messages or other issues related to fraud or government subpoenas, warrants and/or court orders.
Third Party Links
The Website may provide links to other third party websites. Even if the third party is affiliated with the Company through a business partnership or otherwise, the Company is not responsible for the privacy policies or practices or the content of such external links. These links are provided to you for convenience purposes only, and you access them at your own risk.
You may choose to opt out of receiving email messages with news and information about the Company or the Website by sending an email from the email address at which you are receiving the messages to firstname.lastname@example.org, requesting that your email address be removed.
Unfortunately, data transmission over the Internet cannot be guaranteed to be secure nor is any security system completely secure. Although we do our best to protect your personal information, we do not guarantee the security of any information you transmit to the Company or provide online. It is possible that unauthorized “hackers” may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Website, you assume the risk of such occurrences. The Company requests that you do not send, and the Company will not be liable for your sending sensitive or confidential information electronically. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Children Under 13
This Website is not directed at children 13 years of age or younger. The Company, therefore, shall not intentionally collect information about any user under the age of 13. If you are under 13, do not use or provide any information on this Website about yourself to us, including your name, address, telephone number or email address. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
California Privacy Rights
California Civil Code Section § 1798.83 permits California residents to request certain information regarding disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
You may contact us if you have any questions about this Policy, the practices of this Website, or your dealings with the Website, by sending an email to email@example.com.
Updated as of October 25, 2015.