The website is not intended for use by individuals under eighteen (18) years of age or the applicable age of majority, if greater than eighteen 18 years of age. If you are under eighteen (18) years of age or the applicable age of majority, you do not have permission to use and/or access the website. The website, and the ability to apply for services, are available only to individuals who can enter into legally binding contracts under applicable law.
If a user wishes to subscribe to our site, they must first complete the registration form or login via Social Connect option. During registration a user is required to give their contact information (such as name and email address). This information is used to contact the user about related products and/or services for which they have expressed interest. It is optional for the user to provide demographic information (such as income level and gender), and unique identifiers, but encouraged so we can provide a more personalized experience on our site. We may also request additional demographic information in order to enter our site. We use this information to determine site activity from different regions.
COLLECTION OF PERSONAL INFORMATION
USAGE OF PERSONAL INFORMATION
REQUEST AND ORDER PROCESSING
We may request information from the user on our order form. Here a user must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill customer’s orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
This site is compliant with the Telephone Consumer Protection Act as implemented by the Federal Communications Commission. By using this website, you agree to authorize our network of service providers to contact you at the land-line telephone or mobile number you entered using automated telephone technology including auto-dialer, pre-recorded messages, and text messages, even if your land-line telephone or mobile number is currently listed on any state, federal, or corporate “Do Not Call” list.
THIRD PARTY WEBSITES
This web site may contain links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.
SURVEYS AND CONTESTS
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level) and other information as required to properly target the user with the most appropriate product and service offers. Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
The privacy of your personal information is very important to us. As such, we endeavor to safeguard our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. The servers that we store personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control. Please be advised, however, that whle we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.
We may send new members a welcoming email to verify password and username. Established members agree to receive information on products, services, special deals, and a newsletter. We may receive compensation for clicks, traffic, and/or related purchases of products and services featured on this website or in other communications from us. Out of respect for the privacy of our users we present the option to not receive these types future email and other communications.
WEBSITE AND SERVICE UPDATES
We also send the user site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
GDPR UPDATE OF PERSONAL INFORMATION
If a user’s personally identifiable information changes, or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the member information page or by using the provided unsubscribe link.
CHOICE TO OPT-OUT
Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for the information. For example, our order form has an ‘opt-out’ mechanism so users who buy a product from us, but don’t want any marketing material, can keep their email address off of our lists. Users who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by checking the appropriate fields in the member profile area.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the website are protected under applicable copyrights, trademarks and other proprietary (including intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the website is strictly prohibited. Retrieval of material from the website by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the website. The posting of information or material on this website does not constitute a waiver of any right in such information and/or materials. The website name and logo, and all associated graphics, icons and service names, are trademarks of this website belonging solely to its owner. All other trademarks are the property of their respective owners. The use of any trademark without the applicable trademark owners express written consent is strictly prohibited.
LIMITED GRANT OF LICENSE
You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the website and associated content in accordance with the Agreement. We may terminate this license at any time for any reason. You may use the site on one computer for your own personal, non-commercial use. No part of the website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the website or any portion thereof. We reserve all rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Your right to use the website is not transferable.
DISCLAIMER OF WARRANTIES
The website, services and/or any other products and/or services that you may apply for through the site are provided to you on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, We make no warranty that: (a) the site, services and/or any other products and/or services that you may apply for through the site will meet your requirements; (b) the site, services and/or any other products and/or services that you may apply for through the site will be uninterrupted, timely, secure or error-free; (c) you will qualify for services from our third party providers; or (d) the results that may be obtained from the use of the site, services and/or any other products and/or services that you may apply for through the site will be accurate or reliable. The site, services and/or any other products and/or services that you may apply for through the site may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from this Website, its third party providers or otherwise through or from the site, shall create any warranty not expressly stated in the agreement.
Should a dispute arise concerning the website, Services, terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in a venue chosen by us, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in an agreed-upon location, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the owner of this Website and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that we may incur in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.
LIMITATION OF LIABILITY
You expressly understand and agree that we shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if company has been advised of the possibility of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the site, services and/or any other products and/or services that you may apply for through the site; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, the site; (c) the failure to qualify for services from our third party providers,; (d) the unauthorized access to, or alteration of, your registration data; and (e) any other matter relating to the site, services and/or any other products and/or services that you may apply for through the site. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and any and all other torts. You hereby release company and its third party providers from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitations, the maximum liability of company to you under any and all circumstances will be three hundred dollars ($300.00) or the total amount of your purchases from us within the last 30 days, whichever is greater. The negation of damages set forth above is a fundamental element of the basis of the bargain between you and company. The website, services and/or any other products and/or services that you may apply for through the site would not be provided to you without such limitations.
You agree to indemnify and hold this website, its owners, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the website and/or Services; (b) your breach of the Agreement; (c) any dispute between you and any Third Party Service Providers; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section are for the benefit of Company (owner of this website), its parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the website, is a violation of criminal and civil law. We will pursue any and all remedies in this regard against any offending ndividual or entity to the fullest extent permissible by law.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and owner/operators of this website; and governs your use of the Site, superseding any and all prior and/or contemporaneous agreements. To the extent that anything in or associated with the Site and/or any offering is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
NOTIFICATION OF CHANGES
This agreement constitutes the entire and only agreement between you and this website’s owner with respect to your use of this website, and supersedes all prior agreements, representations, warranties and/or understandings with respect to the website. As such, you agree to the terms and conditions set forth in this agreement with respect to your use of the website. We may amend the agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest agreement will be posted on the website, and you should review the agreement prior to using the website. By your continued use of the website, you hereby agree to comply with and be bound by all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the Dispute Resolution Provisions in effect at the time of the subject dispute).
If you have any questions regarding this agreement, please use the contact mechanism provided on our website with proper reference to any clause you have questions about.
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