Thank you for visiting this website. By using and/or accessing the website, you agree to comply with and be bound by the following Terms of Use with Privacy Policy, and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein or stated on our website by reference (collectively, the “Agreement”). Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the website in any manner or form.
PARTICIPATION REQUIREMENTS
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.
USER REGISTRATION
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
We collect your personally identifiable information when you apply for Services at the website, as offered by our Third Party Service Providers. We may also collect your personally identifiable information when you otherwise agree to the terms of this Privacy Policy, but do not complete the applicable registration process in full. The types of personally identifiable information that we collect at the website and/or when you apply for Services include, without limitation: (i) your full name; (ii) mailing address; (ii) telephone number; (iii) email address; (V) any other information requested on the applicable application.
USAGE OF PERSONAL INFORMATION
By submitting your personal information on the website, you agree that we may share such personal information with our Third Party Service Providers in order to complete your request for Services. Our Third Party Service Providers may use the personal information that we transfer to them for any lawful purposes, subject to any restritions contained herein including, without limitation, in connection with contacting you for purposes of completing your application for the Services. The information that you must supply on any Services application hosted by the Third Party Provider(s) shall be determined by the applicable Third Party Service Provider(s) and any information that you subsequently supply to any Third Party Service Provider(s) shall be governed by such Third Party Service Provider(s) privacy policies. Please be advised that this Website may or may not itself provide products and/or services. The Services may be provided by Third Party Service Providers, and the ultimate terms and conditions of the Services will be determined by those Third Party Service Providers. We may share the personal information that you supply to us with any third party and we may work with other businesses to bring selected retail opportunities to our users. These businesses and third parties may include, but are not limited to: (i) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (ii) e-mail marketers; (iii) telemarketers; (iv) SMS text-based marketers (where permitted by applicable law); and (v) direct marketers. We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users personal information as needed to perform their functions for us but we do not permit them to use your personal information for other purposes. We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with transactions entered into by you on the Site. We may also use your personal information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business and the Site or to administer activities on our behalf. We also reserve the right to release current or past user information in the event that we believe that the user is using, or has used, our products, services and/or Site: (i) in violation of the terms and conditions of this Privacy Policy or any other of our operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published by us from time to time; (ii) to commit unlawful acts; (iii) if such information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notce, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (iv) if we are sold or acquired; provided, however, that if we are involved in a merger, acquisition or sale of all or a portion of our assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information; and/or (v) when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all personal information with/to any third party for any and all uses permitted by this Privacy Policy and applicable law. By registering at the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commissions Do-Not-Call List, and/or on applicable state do-not-call lists, we, as well as our Third Party Service Providers, retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations. In addition, you agree that by submitting your personal information at the Site, you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us and our third party advertisers and marketers (where such marketing is permitted by applicable law). As such, notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via text-message based marketing in accordance with applicable state and federal law. Further, you agree that we reserve the right to share, sell, rent, lease and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law. You may unsubscribe from any of our e-mail marketing programs at any time via an unsubscribe hyperlink that allows the recipient to unsubscribe from the specific marketing program by clicking the hyperlink provided and following the instructions that follow. We process all unsubscribe requests in a timely fashion, but cannot guarantee that you will never receive another mailing from us, as we may obtain your e-mail address again through a different e-mail marketing program that you have opted in to. We can guarantee, that if you should ever receive another e-mail communication from us, you will be able to remove your e-mail address via the unsubscribe hyperlink. We are able to offer our free services, in part, based upon the willingness of our users to be contacted by our marketing partners, including affiliated third party advertisers. By allowing us to make the information that you supply available to our marketing partners, you will receive free product and service information that may be of interest to you. You may, at any time, notify us that you do not wish to have your personal information disclosed to third parties for offers and promotions by unsubscribing to our service(s).
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.
TCPA CONSENT
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.
WEBSITE COOKIES
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the user closes their browser, the cookie may retain information, such as your preferences for any future visits. For instance, by setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. If a user rejects the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. For example, the user will not be able to participate in any of our Sweepstakes, Contests or monthly Drawings that take place. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Some of our business partners use cookies on our site. However, we have no access to or control over these cookies.
CAPTURED INFORMATION
We use IP addresses to analyze trends, administer the site, track website usage, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services, as specified in their respective privacy policies and/or terms of use.
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.
DATA SECURITY
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.
SPECIAL OFFERS
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.
PROPRIETARY RIGHTS
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.
DISPUTE RESOLUTION
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.
INDEMNIFICATION
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.
LEGAL WARNING
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.
MISCELLANEOUS
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.
Thank you again for visiting our website. Your feedback is important to us.