Welcome to the Culture & Language Center (“Company”) website at http://www.cultureandlanguagecenter.com (the “Site”).
BEFORE VIEWING, BROWSING OR OTHERWISE USING THE SITE, PLEASE READ THIS AGREEMENT CAREFULLY. By VIEWING, BROWSING OR OTHERWISE USING THE SITE, you acknowledge that you have read, understood, and agree to be bound by this AGREEMENT. If you do not agree to ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN please do not VIEW, BROWSE or otherwise use the site.
NOTE TO KIDS under 13 years of age: The SITE is not FOR persons under the age of 13. If you are under 13 years of age, then please do not use the Site. Talk to your parents about what websites are appropriate for you.
3. Modification. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time.
4. Ownership; Proprietary Rights. The Site is owned and operated by the Company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site that are provided by Company (“Company Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Company Materials contained on the Site are the copyrighted property of Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Company or its affiliates and/or third-party licensors. Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Company Materials.
5. Prohibited Uses.
5.1 As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Access to the Company Materials and the Site from territories where their contents are illegal is strictly prohibited. Company Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
5.2 Any use by User of any of the Company Materials other than for private, non-commercial use is strictly prohibited.
5.3 You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site. You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
5.4 The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
5.5 You may not utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without our express written consent.
5.6 You may not deep-link to the Site and will promptly remove any links that Company finds objectionable in its sole discretion. You may not use any Company logos, graphics, or trademarks as part of the link without our express written consent.
5.7 You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
6.Information. You agree that any information you provide to Company in connection with the Site will be true, accurate, current, and complete.
7. User Communications. Under this Agreement, you consent to receive communications from Company electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
8. User Service; Feedback. Please visit our Contact Us information page for further assistance.
9. Availability of Service. Company may make changes to or discontinue any of the media, contests, products, or services available within the Site at any time, and without notice. The media, products, or services on the Site may be out of date, and Company makes no commitment to update these materials on the Site.
10. Notice. Except, as explicitly stated otherwise, legal notices shall be served on Company’s national registered agent or to the email address you provide to Company during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
11. Violations; Termination. You agree that Company, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Site or your use of the Site, at any time. Company may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Company shall not be liable to you or any third-party for any such termination. Company does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.
12. Disclaimers; No Warranties. THE SITE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
13.Indemnification; Hold Harmless. You agree to indemnify and hold Company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
14. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED TEN U.S. DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE.
15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
If you have any concerns or claims with this Agreement, please contact us first. We will investigate and attempt to resolve any complaints and disputes regarding your concern or claim. If your complaint or dispute cannot be resolved through our internal process, or if we do not adequately respond to your question, you agree to resolve your dispute through arbitration. If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in San Diego, California. The arbitration will be conducted by one arbitrator member of the American Arbitration Association, and under the rules of commercial arbitration of the American Arbitration Association or as agreed between you and the Company. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction. For additional information you may contact www.ADR.org.
15.2 Jurisdiction. You agree that any action at law or in equity arising out of, from, or relating to this Agreement or the Site that cannot be resolved by Arbitration shall be filed only in the state or federal courts in and for San Diego County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
15.3 Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
15.4 Severability and Ambiguity. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. For purposes of contract interpretation, including resolution of any ambiguity, the parties acknowledge that the terms of the Agreement should not be strictly construed against either party.
15.5 Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
15.6 Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
15.7 Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by Company as set forth in Section 3 above.
15.8 Claims. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. Digital Millennium Copyright Act (“DMCA”) Notice
Culture and Language Center, owns, protects and enforces copyright in its own creative materials and respects the intellectual property of others. Our websites contain materials of third parties and links to third party sites, portals and directories. As a result, materials of third parties, not owned or controlled by Company, are included in or linked to our websites or are stored or transmitted by or over the Company websites. To the best of Company’s knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement (the next paragraph explains how to give proper notice), Company will respond expeditiously by removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of Company to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to Company to be repeat infringers in connection with their use of the Company websites, links, or storage and communication systems and networks.
How to Provide Notice of Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company Agent for Notice listed below with the following information in a written notice:
(1.) An identification of the copyrighted work (or a list of copyrighted works) that you claim has been infringed upon;
(2.) A description of the material that is claimed to be infringing and provide enough detail that we may find it on our websites;
(3.) Your address, telephone number, and email address;
(4.) A statement that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law;
(5.) A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and,
(6.) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.
Company designated Agent for Notice of claims of copyright infringement can be reached as follows:
Service Provider: Culture and Language Center
Name of Agent for Notice: Eduardo Vega
By mail: 4535 30th St., Suite 211, San Diego, CA 92116
The Company follows the procedures outlined in the DMCA with regard to appropriate notifications of the user and the complaining party, acceptance of counter notifications, and where indicated, “putback” of the alleged infringing material. Refer to the United States Copyright Office for the provisions of the DMCA at www.loc.gov/copyright/legislation/dmca.pdf.
1. Collection of Information.
1.1 Survey Information. We collect information from you and other individuals by various methods, including, but not limited to, when you voluntarily complete our survey, order form, or a registration page either online or offline, or by means of online or offline surveys, order forms, or registration pages operated by third parties (collectively, “Survey”). (As used herein, “online” means using the Internet, including the Website, and related technologies, and “offline” means by methods other than online, including in person, in the postal mail, using telephones and cell phones, and other similar means.) In the Surveys, the Company or a third party (a “Third Party”) may ask an individual to provide various information to us, which may include your name, email address, street address, zip code/postal code, telephone numbers (including wireless phone numbers and wireless carriers), SMS messaging details (e.g. date, time and content of the SMS message), 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 (together, “Survey Information”). We may also collect information concerning you from another source and use that information in combination with information provided from this Website. Completing the Survey(s) is completely voluntary, and individuals are under no obligation to provide Survey Information to us or a Third Party, but an individual may receive incentives from us or a Third Party in exchange for providing Survey Information to us.
1.2 Third Party List Information. We collect information from you when you provide information to a third party and we subsequently purchase, license, or otherwise acquire your information from the third party (the “Seller”). Such purchased information may include, but is not limited to, your name, email address, street address, zip code/postal code, telephone numbers (including wireless phone numbers and wireless carriers), SMS messaging details (e.g. date, time and content of the SMS message), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the Seller (together, “Third Party List Information”). When acquiring Third Party List Information, we seek assurances from the Seller that the Seller has a right to transfer the Third Party List Information to us and that the Seller has a right to provide offers from advertisers to you (the individual whose personal information is included on the Seller’s list).
1.3 Other Information. Other occasions when we obtain your information include (1) when you make a claim for a prize or seek to redeem an incentive offered by us or by a Third Party, (2) when you request assistance through our Customer Service Department, and (3) when you voluntarily subscribe to our services or newsletters (together, “Other Information”).
1.4 Cookies, Web Beacons, and Other Information Collected Using Technology. We currently uses cookie and web beacon technology to associate certain Internet-related information about you with information about you in our database. Additionally, we may use other new and evolving sources of information in the future (together, “Technology Information”).
(a) Cookies. A cookie is a small amount of data stored on the hard drive of your computer that allows us to identify you with your corresponding data that resides in our database. You may read more about cookies at http://cookiecentral.com. Individuals who use the Website need to accept cookies in order to use all of the features and functionality of the Website.
(b) Web Beacons. A web beacon is programming code that can be used to display an image on a web page, but can also be used to transfer an individual’s unique user identification (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. This allows us to track certain websites you visit online. Web beacons are used to determine products or services you may be interested in, and to track online behavioral habits for marketing purposes. For example, we might place, with the consent of a Third Party website, a web beacon on the Third Party’s website where baseball products are sold. When “Pat”, an individual listed in our database, visits the fishing website, we receive notice by means of the web beacon that Pat visited the baseball site, and we would then update Pat’s profile with the information that Pat is interested in baseball. We may thereafter present offers of baseball related products and services to Pat. In addition to using web beacons on web pages, we also use web beacons in email messages sent to individuals listed in our database.
1.5 Outside Information. We may receive information about you from Third Parties or from other sources of information outside of the Company including information located in public databases (“Outside Information”).
1.6 Your Individual Information. As used herein, your Individual Information means Survey Information, Third Party List Information, Other Information, Technology Information, Outside Information, and any other information we gather or receive about you such as usage data, file transfer and viewing data.
1.7 No Information Collected from Children. We will never knowingly collect any personal information about children under the age of 13 (a “Minor”). The Website is not directed to Minors. If we obtain actual knowledge that we collected personal information about a Minor, that information will be automatically deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to Third Parties. We have designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”). You may read more about COPPA at http://www.coppa.org. If you become aware that your child, a Minor, has provided us with personal information without your consent, you should contact us immediately.
1.8 Log File Information. When you log-in to access your account, our servers may automatically record and archive certain information that web-browsers send whenever visiting a Website. These server logs may include information vital to validating your authorization to access the account. Information, such as a web request, Internet Protocol (the “IP”) address, browser type, browser language, referring pages, exit pages and visited URLs, platform type, click counts, pages viewed and in what order, time spent, the date and time of the request, and other important data is necessary to validate and authorize your entry and activity on the Website.
1.9 Credit Card Information. We may in certain cases collect credit card numbers and related information, such as the expiration date of the card (“Credit Card Information”) when you place an order with us. When the Credit Card Information is submitted to us, such information is encrypted and is protected with SSL encryption software. We will use the Credit Card Information for purposes of processing and completing the purchase transaction, and the Credit Card Information will be disclosed to Third Parties only as necessary to complete the purchase transaction.
2. Use of Your Individual Information.
2.2 Email. We use your Individual Information to provide promotional offers by email to you. We may maintain separate email lists for different purposes. If you wish to end your email subscription from a particular list, you need to follow the instructions at the end of each email message to unsubscribe from the particular list. To unsubscribe from all of our email lists, you must send an email to email@example.com.
2.2(a) Content of Email Messages. In certain commercial email messages sent by us, an advertiser’s name will appear in the “From:” line but hitting the “Reply” button will cause a reply email to be sent to us. The “Subject:” line of our email messages will usually contain a line provided from the advertiser to us.
2.2(b) Solicited Email. We only send email to individuals who have agreed on the Website to receive email from us or to individuals who have agreed on Third Party websites to receive email from Third Parties such as the Company. We do not send unsolicited email messages. As a result, legislation requiring certain formatting for unsolicited email do not apply to our email messages.
2.3 Targeted Advertising. We use your Individual Information to target advertising to you. When you use the Internet, we use Technology Information (see also Section 2.6) to associate you with your Individual Information, and we attempt to show advertising for products and services in which you have expressed an interest in the Surveys, indicated an interest by means of Technology Information, and otherwise. We may, at our discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers to you.
2.4 Direct Mail and Telemarketing. We use your Individual Information to advertise, directly or indirectly, to you using direct mail marketing or telemarketing using telephones and cell phones.
2.5 Mobile Phone SMS Messaging. In certain cases, when requested by an individual, a Third Party may use your Individual Information to provide customized content and advertising via SMS messaging to your cell phone or wireless device. We are not responsible for the privacy practices or the content of such Third Parties.
2.6 Use of Technology Information. We use Technology Information (1) to match your Survey Information and Third Party List Information to other categories of your Individual Information to make and improve your profiles, (2) to track your online browsing habits on the Internet, (3) to determine which areas of our Websites are most frequently visited. This information helps us to better understand the online habits of individuals, including you, so that we can target advertising and promotions to you and other individuals.
2.7 Profiles of Individuals. We use your Individual Information to make a profile. A profile can be created by combining Survey Information and Third Party List Information with other sources of your Individual Information such as information obtained from public databases.
2.8 Storage of Your Individual Information. We store your Individual Information in a database on our computers. Our computers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of Individual Information under our control. Notwithstanding such measures, we cannot guarantee that our security measures will prevent our computers from being illegally accessed, and your Individual Information on them stolen or altered.
2.9 Do Not Call Registry Compliance. By submitting your personal contact and/or financial information through the Website, you hereby grant written permission to the Company, its affiliated sites, and its business partners for contact via telephone, voice broadcasts, mail, SMS text message, and/or e-mail. Further, by registering on the Website you are consenting to receive phone calls from the Company, its affiliated sites, and its business partners for contact via telephone and thereby waive your right to file a claim with the Federal Trade Commission (FTC) or any other agency in reference to these calls or contacts.
3. Dissemination of Your Individual Information.
3.1 Sale or Transfer to Third Parties. THE COMPANY MAY SELL OR TRANSFER YOUR INDIVIDUAL INFORMATION TO THIRD PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE IN OUR SOLE DISCRETION.
3.2 Order Fulfillment. We will transfer your Individual Information to Third Parties when necessary to provide a product or service that you order from such Third Party while using the Website or when responding to offers provided by us.
3.3 Legal Process. We may disclose your Individual Information to respond to subpoenas, court orders, and other legal processes or where necessary to protect the integrity of our Company.
3.4 Summary Data. We may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
3.5 Access. You have access to your Individual Information collected to provide an opportunity for you to correct, amend, or delete such information. Access can be obtained by contacting firstname.lastname@example.org. We may also grant advertising clients and email services providers’ access to your email address to verify the origin of your Individual Information collected.
3.6 Other. We may also disclose your Individual Information:
• Where the information is public; or
• To protect ourselves against liability or prevent fraudulent activity;
• Where it is necessary to permit us to collect monies owing to us or to pursue available remedies or limit any damages that we may sustain;
• To a person who needs the information because of an emergency that threatens the life, health or security of an identifiable person or group; or
• To our advisors, counsels, and similar trusted parties.
4. Privacy Practices of Third Parties.
4.1 Advertiser cookies and web beacons. Advertising agencies, advertising networks, and other companies (together, “Advertisers”) who place advertisements on the Website and on the Internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. We do not control Advertisers’ use of such technology and we have no responsibility for the use of such technology to gather information about you.
4.3 Affiliated Companies. We may disclose, transfer, and sell your Individual Information to entities affiliated with the Company in our discretion. Should you be subject to an acquisition, merger, sale or other change of control or business entity status, we reserve the right to transfer or assign your Individual Information collected from the Website.
4.4 Service Providers. We may engage certain third parties to perform functions and provide services to us, such as identity verification, hosting and maintenance, customer relationship management, database storage and management, geocoding, business analytics, fraud prevention, business analytics, and direct marketing campaign services.
We will share your Individual Information with these third parties, only to the extent necessary for them to perform these functions for us, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your Individual Information.
5. Data Transfer and Storage.
You acknowledge that personal information will be collected and stored by us in Canada. By using the Website, you consent to the transfer of information to and/or storage of information outside of your country and in Canada.
6. Unsubscribe Procedures.
1. Unsubscribe from one email list. To unsubscribe from a particular list, either (1) send an email to email@example.com or (2) follow the instructions in each promotional email message sent by the Company.
2. Unsubscribe from all of our email lists. We reserve the right to add your Individual Information to multiple lists maintained by us. To globally unsubscribe from all of our lists, send an email to firstname.lastname@example.org
3. Unsubscribe from a particular SMS messaging campaign. To unsubscribe from a particular SMS messaging campaign on a cell phone, send “STOP” to the SMS message received by you. In addition, other methods to unsubscribe may be set forth on the Website where signed up for the SMS messaging campaign.
If you have any concerns or claims with respect to our data handling practices, please contact us first. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of your Individual Information. If your complaint or dispute cannot be resolved through our internal process, or if we do not adequately respond to your question, you agree to resolve your dispute through arbitration. If arbitration is necessary, it will be conducted by telephone and email, and if it must be done in person, it will be conducted in San Diego, California. The arbitration will be conducted by one arbitrator member of the American Arbitration Association, and under the rules of commercial arbitration of the American Arbitration Association or as agreed between you and the Company. Both parties will bear equally the cost of arbitration (exclusive of legal fees and expenses). All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction. For additional information you may contact www.ADR.org.
8. Limitation of Liability.
We exercise reasonable efforts to safeguard the security and confidentiality of your personal information; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of personal information that occurs through no fault of our own including, but not limited to, errors in transmission, access to your account by anyone, uses of your Member ID and password by a third party, your failure to comply with your security obligations, and the unauthorized acts of our employees.
9. Additional Terms.
California User Consumer Rights. In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to email@example.com. Sec. 1798.83 of the California Civil Code, grants residents of the State of California the right to request from a business with whom the California resident has an established business relationship, once a year, certain information with respect to the types of personal information that the business shares with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one request each year by contacting us as set forth in the How to Contact Us section.