This Policy describes the information collection, use, and dissemination practices of Company, its parent, subsidiaries and registered d/b/a companies (Collectively Referred herein after as "Company") and all related websites owned or registered to Company. It governs Company's right to collect, use, store and disclose information provided by You on its (a) this Website, (b) Company's other Websites, (c) on various Third Party websites, and (d) Company's other information collection and distribution practices, including the acquisition of your information from and to Third Parties. Company is not responsible for the information collection or privacy practices of third party websites or applications which company does not own or control. By providing us with Personal Information about yourself on our Website or in the course of using our services, you consent to the transfer of your Personal Information, and any other data we acquire about you from third-party service providers for commercial use.
1.0. Collection of Information.
1.1. User Direct Information. Each time you provide or transmit information via the Website, Company may obtain and collect personal information about you, including, but not limited to, your name, email address, mailing address, social security number, credit card information, bank account information and telephone or cell phone number (collectively referred to as "Personal Information").
1.2. Survey Information. Company may collect Personal Information from you when you voluntarily complete a Company survey, order form, or a registration page either online by using the internet or offline by providing this information through the mail, in person or using a telephone. This information may be collected by surveys, order forms, or registration pages operated by third parties. This method of collection is collectively known as a "Survey." In such Surveys, Company or a third party may ask you to provide Personal Information including your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time. Company may also collect such information concerning you from another source and uses that information in combination with information provided from the Website or Surveys. Completing the Surveys is completely voluntary, and you are under no obligation to provide Survey Information to Company or a third party.
1.3. Third Party Information. Company may collect Personal Information from you when you provide information to a third party and Company subsequently acquires or uses the information provided by the third party. Such information may include, but is not limited to, your name, email address, street address, zip code, telephone numbers (including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information you may have provided to the third party. When acquiring this information, Company seeks assurances from the third party that you agreed to provide and have such information acquired by Company. If you did not give express permission, or you would like to remove your permission, you may suppress all of your information by sending notification to us at firstname.lastname@example.org.
1.4. Other Methods of Collecting Personal Information. Other occasions when Company obtains information from you include: (1) when you claim a prize or seek to redeem an offer by Company or by a third party; (2) when you request assistance through Company's customer service department; and (3) when you voluntarily subscribe to a Company service or newsletter.
1.5. Cookies, Web Beacons, and Other Info Collected Using Technology. Company currently uses cookie and web beacon technology to associate certain Internet-related information about you with information about you in its database. Additionally, Company may use other new and evolving sources of information in the future.
(b) Web Beacons. A web beacon is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Company to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, Company also uses web beacons in email messages sent to individuals listed in Company's database.
(c) IP Addresses. Company automatically tracks certain information based upon your behavior on the site. We may use this information to do internal research on our users' demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the site or not), which URL you next go to (whether this URL is on the site or not), your computer browser information, and your IP address. Your Internet Protocol ("IP") is a unique Internet "address" which is assigned to you by your Internet Service Provider ("ISP"). For local area network ("LAN"), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by Web servers, collecting information about a user's traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the Web. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.
(e) Data Analysis. Data Analysis technology may be employed from time to time if used by a Client of Company.
(f) New Technology. The use of technology on the Internet, including cookies and web beacons, is rapidly developing. As a result, Company strongly encourages individuals to revisit this policy for any updates regarding its use of new technology.
1.6. No Information Collected from Children. Company will never knowingly collect any Personal Information about children under the age of 13. If Company obtains actual knowledge that it has collected Personal Information about a child under the age of 13, that information will be immediately deleted from its database. Because it does not collect such information, Company has no such information to use or to disclose to third parties.
1.7. Credit Card Information and Bank Account Information. Company may, in certain instances, collect credit card numbers, bank account information and related information when an individual places an order on Company's Website. When the credit card or bank account information is submitted to Company, such information is encrypted and is protected with SSL encryption software. Company will use the credit card information or bank account information for purposes of processing and completing the transaction you requested on the Website, and the credit card information or bank account information will be disclosed to third parties as necessary to complete the requested purchase transaction.
2.0. Use of Personal Information.
2.1. General Use. The following paragraphs describe how Company currently uses Personal Information, but Company may change or broaden its use at any time. As noted below, Company may update this policy from time to time. Company may use Personal Information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, mobile marketing, online banner advertising, and package stuffers, among other possible uses.
2.2. Disclosure of Information to Participating Service Providers of Services. Company will disclose your Personal Information in order to effect or carry out any transaction that you have requested of us or as necessary to complete our contractual obligations with you. WE RESERVE THE RIGHT TO SELL, RENT OR TRANSFER YOUR PERSONAL INFORMATION TO our participating service providers, as authorized by you, which include: lenders, agents, and debt management firms FOR ANY PURPOSE IN OUR SOLE DISCRETION. We prohibit the sale or transfer of personal information to non-affiliated entities for their use without giving you the opportunity to opt-out (See Opt-Out below). We may share your personally identifiable information with affiliated companies that are directly or indirectly controlled by, or under common control of Company. We may send personally identifiable information about you to non-affiliated companies that are not directly or indirectly controlled by, or under common control of, Company. These non-affiliated companies may contact you (via email, direct marketing, or telemarketing) directly about (i) your information/service requests through this website and/or (ii) their own products and services in accordance with their own privacy policies.
2.3. Email and Unsubscribe Policy. Company uses Personal Information to provide third party promotional offers by email to individuals. Company may maintain separate email lists for different purposes. If email recipients wish to end their email subscription from a particular list, they need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all Company's email lists, a person must send an email to email@example.com.
2.4. Content of Email Messages. You may receive certain commercial email messages sent by third parties for products which may be of interest to you. In such case, an Advertiser's name will appear in the "From:" and the email will have a method at the bottom of the email to unsubscribe from that Advertiser. Company is not responsible for third party emails sent to you.
2.5. Solicited Email. Company only sends email to individuals who have agreed on the Website to receive email from Company or to individuals who have agreed on a Third Party website to receive email from Third Parties. As such, Company does not send unsolicited email messages. As a result, United States statutes requiring certain formatting for unsolicited email are not applicable to Company's email messages.
2.6. Targeted Advertising. Company may use Personal Information to target advertising to an individual. When an individual is using the Internet, Company uses Technology Information to associate an individual with that person's Personal Information, and Company attempts to show advertising for products and services in which the person has expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. Company may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.7. Telemarketing. Company may use Personal Information to advertise, directly or indirectly, to individuals using direct mail marketing or telemarketing using telephones and cell phones. You may have your telephone number or cell phone number listed on a state or federal do not call registry. By registering and using this Site, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, you have authorized us to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third-party advertiser at or through the Website or other advertisement media made available by us (e.g., email marketing), you agree that such action shall constitute a purchase, an inquiry and/or an application with the respective third-party advertiser for purposes of the ATSR and you may be contacted via email, direct mail and/or telemarketing by such third-party advertiser in accordance with the ATSR. We may use Personal Information to provide the services you've requested, including services that display customized content and advertising.
2.8. Wireless Addresses. If the e-mail address you provide to Company is a wireless e-mail address, you agree to receive messages at such address from Company or its business associates (unless and until you have elected not to receive such messages by following the instructions in the unsubscribe portion of this policy). You understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.
You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service. We may also access the content of your account and wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints.
You may remove your information from Company's database. If you remove your information from Company's database it will no longer be used by Company for secondary purposes, disclosed to third parties, or used by Company or third parties to send promotional correspondence to you. You may remove your information by sending your request in writing via email to firstname.lastname@example.org or by sending "STOP", "END", "QUIT" to the SMS text message you have received.
2.10. Use of Technology Information. Company may use Technology Information (1) to match a person's Personal Information and Third Party List Information to other categories of Personal Information to make and improve profiles of individuals, (2) to track a person's online browsing habits on the Internet, (3) to determine which areas of Company's websites are most frequently visited. This information helps Company to better understand the online habits of individuals so that Company can target advertising and promotions to them.
2.11. Profiles of Individuals. Company may use Personal Information to make a profile of an individual. A profile can be created by combining Survey Information and Third Party List Information with other sources of Personal Information such as information obtained from public databases.
3.0. Other Use of Personal Information. Company may use your Personal Information in the following ways:
3.2. Third Party Offers. Company may provide your Personal Information to third parties with whom they have a business relationship for the purposes of securing the services and products you have requested or provide you with additional marketing materials from which you may choose additional products or services. Company may make your Personal Information available to companies or other entities not affiliated with the Company that have goods, services and offers that might be of interest to you so that they may send you these offers.
3.3. Marketing. Company will use your Personal Information for any marketing and survey purpose on behalf of Company and its affiliates and subsidiaries to send information to you about additional goods or services that may be of interest to you. In addition, Company will disclose your Personal Information to third party agents and independent contractors to help us conduct our marketing and survey efforts including but not limited to direct marketing. You may have no relationship with these other companies.
3.4. Co-sponsored Contests, Sweepstakes and Offerings. Company may provide a contest; sweepstake and other offering may be co-sponsored by another company. In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor. In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies. If you do not wish for the information we obtain from you to be shared with our co-sponsor, then do not enter such contest, sweepstake or other offering or otherwise provide to us any Personal Information in connection with such contest, sweepstake or other offering. We are not responsible for how our co-sponsors may use your information.
3.5. Technical Service Providers. Company may use third-party advertising companies to serve ads when you visit our website. These third party's may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. Company may also use third parties to help operate our Website, deliver products and services, and Company may share your Personal Information with such third parties for our business (such as Website or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these parties do not have any right to use the Personal Information we provide to them beyond what is necessary for them to assist us. When you conduct e-commerce with one of the e-commerce affiliates or service providers to which the Website may be linked, certain Personal Information such as your e-mail and home address may be collected by the service provider's server and made available to us.
3.6. Aggregate Statistics. Company may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Website and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.
3.7. Complying with Legal Process. Company will use or disclose your Personal Information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with Company. Company will use and disclose your Personal Information if we believe you will harm the property or rights of Company , its owners, or those of Company 's other customers. Finally, we will use or disclose your Personal Information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Company's acceptable use policy, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
3.8. Order Fulfillment. Company will transfer your Personal Information to third parties when necessary to provide a product or service that you order from such third party while using Company's websites or when responding to offers provided by Company.
3.9. Data Summary. Company may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
4.0. Privacy Practices of Third Parties.
4.1. Advertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies who place advertisements on the websites and on the internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Company does not control the use of such technology and Company has no responsibility for the use of such technology to gather information about you.
4.2. Links. The websites and email messages sometimes contain hypertext links to the websites of third parties. Company is not responsible for the privacy practices or the content of such other websites. Linked websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. Company does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
4.3. Affiliations/Merger/Sale. Company further reserves the right to disclose, transfer or sell your Personal Information to companies who are affiliated with Company in Company's sole discretion. If Company changes ownership through an acquisition, merger, sale or other change of business status, it reserves the right to transfer or assign the right to use your Personal Information collected from the Website.
5.0. Foreign use of the Website. To the extent that you are accessing the Website while domiciled outside of the United States, you acknowledge that the Personal Information you are providing Company is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.
6.0 Security We endeavor to safeguard and protect your information. When you submit information at the website, such information is protected both online and offline. The servers in which we store Personal Information are kept in a secure physical environment. Company has security measures in place to protect against the loss, misuse, and alteration of personal information under our control. Currently, Company uses Secure Socket Layer Software ("SSL") to protect data and to secure any transactions. SSL encrypts information, including credit card numbers, names and addresses as they are transmitted over the Internet. Please be advised that, although Company takes reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, Company cannot and does not warrant that your information will be absolutely secure. Any transmission of data at or through our website is at your own risk. However, access to your information is strictly limited, and not accessible to the public.
7.0 Choice/Opt-out Company provides you the opportunity to 'opt-out' of having your personally identifiable information used for certain purposes, when it asks for this information. For example, if you purchase a product/service but do not wish to receive any additional marketing material from us, you can indicate your preference by emailing or calling us per the information contained on our contact page. If you no longer wish to receive our promotions, you may opt-out of receiving it by following the instructions included in each newsletter or communication or by emailing or calling us per the information contained on our contact page. Customer Care Contact Information: Opt Out
8.0. California User Consumer Rights. California Civil Code Section 1798.83 permits California residents who have provided Personal Information to Company or third parties under a list management arrangement with Company to request certain information regarding Company's disclosure of such information to third parties for their direct marketing purposes. Within thirty days of receiving such a request, we will provide a list of the categories of Personal Information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this section. If you have questions about this policy, please contact us at email@example.com.
The Website is an online network marketplace. You understand and agree that if you submit a request through the Website, we will share your personal information (such as your full name, address, telephone number, and financial information) with participating providers in our network to process and fulfill your request. You understand and agree that we are not a solar installer, manufacturer or undertake a credit analysis or make credit decisions in connection with the Service and that we are not a party to any agreement that you may make with any participating service provider whom you choose to use or from whom you obtain a solar installation. The participating provider(s) with whom you contract to assist you is solely responsible for its services to you. You further acknowledge and agree that we are not acting as your agent or broker and are not recommending any particular service provider to you. Any compensation we may receive is paid by the participating service provider for advertising services we provided to them. We do not charge you a fee to use the Website. You understand that the requirements for a particular service are made by the participating service providers and we do not endorse, warrant, or guarantee the products or service provider or installer. Nothing contained in this Agreement shall constitute an offer or promise for a loan commitment or solar installation. You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the service provider's services. You also give us permission to send you periodic updates of services and products which may be of interest to you. Please note that information we provide you either on the website or by email may not be used as the sole basis for your decision to retain a particular service provider, and may their services may not meet your particular needs. Please seek the advice of an appropriate professional for an assessment of the loan information provided by the lender.
The Website is an online network marketplace. You understand and agree that if you submit a request through the Website, we will share your personal information (such as your full name, address, telephone number, and financial information) with participating providers in our network to process and fulfill your request. You understand and agree that we are not a solar installer, manufacturer or undertake a credit analysis or make credit decisions in connection with the Service and that we are not a party to any agreement that you may make with any participating service provider whom you choose to use or from whom you obtain a solar installation. The participating provider(s) with whom you contract to assist you is solely responsible for its services to you. You further acknowledge and agree that we are not acting as your agent or broker and are not recommending any particular service provider to you. Any compensation we may receive is paid by the participating service provider for advertising services we provided to them. We do not charge you a fee to use the Website. You understand that the requirements for a particular service are made by the participating service providers and we do not endorse, warrant, or guarantee the products or service provider or installer. Nothing contained in this Agreement shall constitute an offer or promise for a solar installation. You agree that we shall not be liable for any damages or costs of any type which arise out of or in connection with your use of the service provider's services. You also give us permission to send you periodic updates of services and products which may be of interest to you. Please note that information we provide you either on the website or by email may not be used as the sole basis for your decision to retain a particular service provider, and may their services may not meet your particular needs. Please seek the advice of an appropriate professional for an assessment of the proposal provided by the solar installer.
Company or its participating service provider may reject any registration or subsequent application from any person with or without cause at their sole discretion. Your status as a registered user creates only a customer relationship with Company and does not create an employment relationship, an independent contractor relationship, an agency relationship, or any other relationship. You may cancel your request at anytime by sending an e-mail to firstname.lastname@example.org.
A. You are prohibited from any conduct that, in Company's sole discretion, restricts or inhibits any other user from using or enjoying the Website or any linked Website. You are prohibited from accessing or attempting to access private areas of the Website or any other user's information. You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity.
B. You are prohibited from using any data, content, and any information provided or used on the Website, as well as your use of our Website, products and services which will infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties. You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct. You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without the prior express written authorization of Company; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Website content; or except as otherwise expressly permitted on the Website, use any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.
By signing up at the Website, you are giving your consent to receive promotions or newsletters from Company, our affiliates and/or third-party marketers. If you do not wish to receive these emails, you may request to be removed by using the opt-out mechanism listed in the email messages you receive. To opt-out of email promotions from Company alone, you may simply use our convenient Opt-Out Page located at the bottom of the first page of the Website. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.
The Website may display and make available content, promotions, advertisements, and offers provided by third parties ("Third Party Promotions"), as well as goods and services offered by third parties ("Third Party Products"). You understand and agree that Company shall not be responsible and shall have no liability for any Third Party Promotion or Third Party Product or for your activities on any third party Websites for whom Company displays offers ("Third Party Website Activity"), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Website Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Website Activity will be with the applicable Third Party offering the Third Party Promotion, Third Party Product or Third Party Website Activity and that you shall have no remedy against Company arising from your use of or participation in, or inability to use or participate in, any Third Party Promotion, Third Party Product or Third Party Website Activity.
This is an independent Website and is not affiliated with any of the listed products or services. Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by this Website. Furthermore, participating service providers are independent third parties and this Website is not acting as a principal, agent or broker with respect to any providers.
You may be able to link to third parties Websites ("Linked Websites") from the Website. Linked Websites are not, however, reviewed, controlled or examined by Company in any way and Company is not responsible for the content, availability, advertising, products or other materials of any such Linked Websites, or any additional links contained therein. Except as otherwise noted on the Website, these links do not imply Company endorsement of or association with the Linked Websites. In no event shall Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Websites, the Linked Websites themselves, your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites. You should direct any concerns to that Website's administrator or webmaster. Company reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Websites from the Website and/or introduce different features or links.
The Website contains intellectual property owned by Company and other parties. As between Company and you, Company is the sole owner of the Website and all materials on or available through the Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the "Website Content"). Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Website content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Website content solely for your personal, non-commercial use or records, provided that any Company or other marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from Company -- and from all other entities with an interest in the relevant intellectual property. Any unauthorized attempt to modify any Website content, to defeat or circumvent Company security features, or to utilize this Website for other than its intended purposes is strictly prohibited.
Except as expressly set forth herein, Company is not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Website or by any of the equipment or programming associated with or utilized in connection with the Website or the products or services provided on or through the Website, or by any technical or human error which may occur in the processing of information received by Company. Company assumes no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website. Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to participants or to any other person's computer related to or resulting from use of the Website or Website Content. THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PROVIDERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that Company may electronically monitor the Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate the Website; or (iii) to protect Company rights or the rights of the users, sponsors, providers, licensors, or merchants.
You agree to defend, indemnify and hold Company, its parents, subsidiaries, partners, agents, affiliates, licensors, providers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys fees, arising in any way from, in connection with or as a result of your use or inability to use the Website and or Website Content, any information provided to you by the Website, or any violation of these Terms and Conditions by you.
YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES; "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SERVICE.
Your correspondence or business dealings with any third parties as a result of your use of this Website and participation in the Service, including, but not limited to, business dealings with service providers, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the Website.
This Agreement will be interpreted in accordance with the laws of the State of California, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within thirty (30) days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association ("AAA") in Los Angeles, California. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA's Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys fees (including fees for the value of services provided by in house Provider) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of California, Los Angeles County, or the United States District Court for the Central District of California. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of California, Los Angeles County, or the United States District Court for the Central District of California: (i) any dispute, controversy, or claim relating to or contesting the validity of Company's proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief.
RIGHT TO OPT OUT- If you do not wish to be bound by this arbitration clause, you must notify the Company in writing within 60 days after signing this Agreement or your rejection of arbitration will not be effective. You must send your request to: Your request must include your telephone number(s) and a clear statement of your intent, such as "I reject the arbitration clause stated in the Company's Website Terms and Conditions."
The failure by Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
This Agreement constitutes the entire agreement between you and Company and governs your use of the Website and Service, superseding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase other Company services, affiliated services, third party content or third party software.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
8605 Santa Monica Blvd
Los Angeles, CA 90069-4109
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