Offline Website MakerPRIVACY POLICY FOR NECTAR CBDA
You must be at least 18 years old to access this site. If you are under 18 years old you are not permitted to use this site for any reason. You must be of legal age required by the state or province you are in to purchase our products. It is your responsibility to know whether you are legally able to purchase our products.
WHAT INFORMATION DO WE GATHER & WHAT DO WE DO WITH IT?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address and order history. We also use cookies, web beacons or other tools that collect information that make it easier to use our store and our site. When you visit our site, some information is automatically collected. This may include information such as the Operating System (OS) running on your device, Internet Protocol (IP) address (which may be used to obtain your geolocation), access times, browser type, and language, and the website you visited before our site. We also collect information about how you use our site, including the elements you have interacted with, metadata and other details about these elements, change states and other user actions. Email marketing: By providing us with your email address, you are giving us permission to send you emails about our store, new products, new brands under the Nectar & Cosaint Global LLC portfolio and other updates. You have the opportunity to unsubscribe from these emails at any time by clicking the “Unsubscribe” button included at the bottom of each email. How we use your information. In general, we use the information we collect primarily to provide, maintain, protect and improve our current site and products and to develop new products and brands. We use personal information collected through our site as described below and described elsewhere in this Policy to:
Facilitate the creation of and securing of your Account on our network;
Identify you as a user in our system;
Improve our products, site, and how we operate our business;
Understand and enhance your experience using our site and products;
Provide and deliver the products and services you request;
Respond to your comments or questions and for our Support team to provide service about Nectar and/or other brands within the Cosaint Global LLC portfolio of brands;
Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
Communicate with you about promotions, upcoming events and news about products and services offered by Nectar, brands within the Cosaint Global LLC portfolio of brands and our selected partners, and for other marketing purposes of Nectar;
Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service; and
Protect, investigate and deter against fraudulent, unauthorized or illegal activity.
CONSENT
How do you get my consent? By providing us with personal information to complete a transaction, placing an order, arranging for a delivery or returning a purchase you are consenting to our collecting and using your information (your credit card information is highlighted below). How do I withdraw my consent? You may withdraw your consent for us to contact you by clicking the “Unsubscribe” button included at the bottom of each email or contacting us at support@feelnectar.com.
DISCLOSURE
We do not share your personal information with third parties without your consent other than with the following:
Third Party Service Providers. With third parties who work on our behalf, provided that such third parties provide at least the same level of privacy protection as required by this Privacy Policy;
Lawful Requests. To comply with laws or to respond to lawful requests and legal process (provided that we will endeavor to notify you at the address you have given us if we have received a lawful request for your information);
Protection of Rights and Property. To protect the rights and property of Nectar (Cosaint Global LLC), our agents, customers and others including to enforce our agreements, policies and terms included in this Privacy Policy or our Terms & Conditions;
Emergency. In an emergency, including to protect the personal safety of any person; and
Corporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving a sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will also acquire and possess the personal information collected by us and will assume the rights and obligations regarding your personal information as described in this Policy.
PAYMENT PROCESSING
Our store is built on an e-commerce software platform called Elementor that allows us to sell our products and services to you. We accept payments through Bank of America. When processing payments, some of your data will be passed to Bank of America, including information required to process or support the payment, such as the purchase total and billing information.
Please see the Bank of America Consumer Privacy Policies for more details. Use this link to review For Bank of America’s Privacy Policies in Spanish. You may select your privacy choices directly with Bank of America.
Using the Bank of America payment extension, you may be storing personal data or sharing data with external services. Use this link to review all Bank of America privacy policies.
THIRD-PARTY SERVICES
Our Policy does not cover any third party services. To learn about those third parties’ privacy practices, please read their privacy policies. Links: When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy policies.
SECURITY
To protect your personal information, we take reasonable precautions and follow generally accepted industry practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Your personal information is protected by your password – never share this password with anyone. Nectar or Cosaint Global LLC will never contact you to ask you for your password. If you provide us with your credit card information, the information is transmitted to our server using secure socket layer technology (SSL) which employs the AES-256 encryption standard.
AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you consent to any of your minor dependents using this site.
U.S. LAW APPLIES
This site is intended for users located in the United States. By sending us your Personal Information from outside the U.S., you consent to the application of U.S. law and to the use and disclosure of your personal information consistent with this Privacy Policy. It is up to you to determine whether accessing this site and purchasing our products are legal where you are. You access this site and purchase our products at your own risk, and you are responsible for compliance with all applicable laws, rules, regulations and treaties.
CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. Nectar encourages visitors to check this page for any changes to its Privacy Policy.
ACCESS TO THIS SITE
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be your correct, current, and complete information. If our Company believes the information you provide is not correct, current, or complete or is an impersonation of someone else, we have the right to refuse you access to this site or any of its resources, to terminate or suspend your access at any time, and delete any comments you have posted, all without prior notice.
THIS SITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE OR ACCESS THIS SITE FOR ANY REASON AND PLEASE EXIT THIS SITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU. YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms & Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms & Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity, and you agree to comply with these Terms & Conditions;
you are not under the age of 18;
you are not a minor in the jurisdiction in which you reside, or if you are a little, you have received parental permission to use the Site;
you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the Site for any illegal or unauthorized purpose;
your use of the Site will not violate any applicable law or regulation.
Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all your account and password use. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the products’ colors, features, specifications, and details will be accurate, complete, reliable, current, or free of other errors. Your electronic display may not accurately reflect the actual colors and details of the products.
All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
HEALTH INFORMATION
Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on this site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any of our products.
PURCHASES & PAYMENT
We accept the following online payment forms: Visa, MasterCard, American Express, Diners Club, and Debit Cards, and we may expand or change these payment options at any time. You agree to provide current, complete, and accurate purchase and account information for all purchases via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as we deem required. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. You authorize us to charge your chosen payment provider for such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to our charging your payment method regularly without requiring your prior approval for each recurring charge until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, payment method, and orders using the same billing or shipping address. In our sole judgment, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our permission;
Make any unauthorized use of the Site, including collecting usernames and email addresses of users by electronic or other means to send unsolicited emails or create user accounts by automated means or under pretenses;
Use a buying agent or purchasing agent to make purchases on the Site;
Use the Site for advertising or offering to sell goods and services;
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and the Content contained therein.
Engage in unauthorized framing of or linking to the Site;
to trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct;
Engage in any automated system use, such as scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools;
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
Attempt to impersonate another user or person or use the username of another user;
Sell or otherwise transfer your profile;
Use any information from the Site to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or use the Site and the Content for any revenue-generating endeavor or commercial enterprise;
Decipher, decompile, disassemble, or reverse engineer any software comprising or making up a part of the Site;
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site;
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
Delete the copyright or other proprietary rights notice from any Content;
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the service, features, functions, operation, or maintenance of the Site;
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, transparent graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
Disparage, tarnish, or otherwise harm, in our opinion, us and the Site;
Use the Site in a manner inconsistent with any applicable laws or regulations.
USER-GENERATED CONTRIBUTIONS
SHIPPING POLICY
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. It may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms & Conditions;
You have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms & Conditions;
Your Contributions are not false, inaccurate, or misleading;
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
Your Contributions do not violate any applicable law, regulation, or rule;
Your Contributions do not violate any third party’s privacy or publicity rights;
Your Contributions do not contain any material that solicits personal information from anyone under 18 or exploits people under 18 in a sexual or violent manner;
Your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap;
Your Contributions do not otherwise violate or link to material that infringes any provision of these Terms & Conditions or any applicable law or regulation.
Any use of the Site in violation of the preceding violates these Terms & Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant. You represent and warrant that you have the right to give us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the preceding. The use and distribution may occur in any media format and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
You should have firsthand experience with the product or person/entity being reviewed;
Your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language;
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
Your reviews should not contain references to illegal activity;
You should not be affiliated with competitors if posting negative reviews;
You should not make any conclusions as to the legality of conduct;
You may not post any false or misleading statements;
You may not organize a campaign encouraging others to post positive or negative reviews.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and distribute all content relating to reviews.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Site.
You can disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely to identify and inform you of those contacts who have also registered to use the Site.
You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or your account settings (if applicable). We will attempt to delete any information stored on our servers obtained through such Third-Party Account, except the username and profile picture associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) you provide are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You now waive all moral rights to any such Submissions, and you now warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES & CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms & Conditions no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate from the Site or any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies. We take no responsibility whatsoever for such purchases, which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or damage caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
We may allow advertisers to display their advertisements and other information in certain site areas, such as sidebar or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We provide the space to place such advertisements, and we have no other relationship with advertisers.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
Monitor the Site for violations of these Terms & Conditions;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms & Conditions, including, without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE & POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that under federal law, you may be liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: We reserve the right, but not the obligation, to:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if the Notification, a representative list of such works on the Site, covers multiple copyrighted works on the Site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the Notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed upon.
Counter Notification
Suppose you believe your copyrighted material has been removed from the Site due to a mistake or misidentification. You may submit a written counter-notification using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
A statement that you will accept service of process from the party that filed the Notification or the party’s agent;
Your name, address, and telephone number;
A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
Your physical or electronic signature.
Suppose you send us a valid, written Counter Notification meeting the above mentioned requirements. In that case, we will restore your removed or disabled material unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that under federal law, you may be liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM & TERMINATION
These Terms & Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS & CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
MODIFICATIONS & INTERRUPTIONS
We reserve the right to change, modify, or remove the Site’s contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms & Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection.
GOVERNING LAW
These Terms & Conditions and your use of the Site are governed by and construed by the laws of the State of New York applicable to agreements made and to be entirely performed within the State/Commonwealth of New York, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Option 1: Any Actions
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Schenectady County, New York, and the Parties at this moment consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms & Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 2 years after the cause of action arose.
Option 2: Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms & Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree first to attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The arbitration will take place in Schenectady County, New York, except where otherwise required by the applicable AAA rules or applicable law. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Suppose, for any reason, a Dispute proceeds in court rather than arbitration. In that case, the Dispute shall be commenced or prosecuted in the state and federal courts in Schenectady County, New York. The Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms & Conditions. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 2 years after the cause of action arose. Suppose this provision is found to be illegal or unenforceable. In that case, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable. A competent court shall decide such Disputes within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.
Option 3: Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms & Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The arbitration will take place in Schenectady County, New York, except where otherwise required by the applicable AAA rules or applicable law. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Suppose, for any reason, a Dispute proceeds in court rather than arbitration. In that case, the Dispute shall be commenced or prosecuted in the state and federal courts in Schenectady County, New York. The Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms & Conditions. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than 2 years after the cause of action arose. Suppose this provision is found to be illegal or unenforceable. In that case, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable. A competent court shall decide such Disputes within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
Suppose this provision is found to be illegal or unenforceable. In that case, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable. A competent court shall decide such Disputes within the courts listed for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.
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