These Terms of Service (“Terms”) are a legal agreement between you and BODHI LLC. (“BODHI,” “us,” or “we”) regarding your use of services available at www.bodhilive.com, including any downloadable software program that you are accessing or installing on your device or personal computer and the services available through that software program (together, the “Service”).
BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.
The Service is a fitness website and social network. Users of the Service may log their fitness activities; see, comment and like the activities of other users; and receive analysis and insights from the Service about their progress. Users may also download training materials from other users and coaches, some of which is provided for a fee.
You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.
In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service.
You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to firstname.lastname@example.org.
Subject to the terms and conditions of these Terms, BODHI LLC grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material or software made available by BODHI LLC, for noncommercial and personal use only.
You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or (i) include any personal or identifying information about another person in your User Content (defined below) without that person’s explicit consent.
In connection with registration for a www.bodhilive.com account, users may upload photos or other materials or information to the Service (“User Content”). You agree that you will not upload User Content to the Service unless you have created that content yourself, or you have permission from the copyright owner to do so.
Communications in chat areas, forums, bulletin boards, communities, groups, or other public or common areas of the Service are not private communications. You should use caution when submitting any User Content that contains your personal information to a public or common area of the Service.
License to Use Your Content
You agree not to upload to the Service or otherwise post, transmit, distribute, or disseminate through the Service any material that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, inflammatory, abusive, abusive, inflammatory; (ii) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (iii) breaches any duty toward or rights of any person or entity, including rights of publicity or privacy; (iv) contains corrupted data or any other harmful, disruptive, or destructive files; (v) advertises products or services competitive with BODHI LLC or its partners’ products and services, as determined by BODHI LLC in its sole discretion; or (vi) in BODHI LLC sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Service, or which may expose BODHI LLC, its affiliates, or users to harm or liability of any nature.
Although BODHI LLC has no obligation to screen, edit, or monitor any User Content, BODHI LLC reserves the right, and has absolute discretion, to remove, screen, edit, or disable any User Content at any time and for any reason without notice. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or inaccurate. We take no responsibility and assume no liability for any User Content, including any loss or damage to any of your User Content.
Licensed Content Provided For Informational Purposes
Content on the Service, including User Content and Paid Content provided by other users, has been licensed to BODHI LLC in accordance with various licensing agreements between BODHI LLC and the persons or entities who own the rights to that content ("Licensed Content"). Licensed Content is protected by intellectual property laws.
The Licensed Content is provided for informational purposes only. The Licensed Content is not intended to be a substitute for professional fitness or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health or fitness provider with any questions you may have regarding a fitness regimen or medical condition. Do not disregard professional advice because of something you have read on the Service.
Any opinion, advice, statement, service, offer, or other information that constitutes part of the Licensed Content expressed or made available via the Service are those of the respective authors or producers and not of BODHI LLC or its directors, officers, employees, agents, representatives, partners, or affiliates. Under no circumstances will BODHI LLC or its directors, officers, employees, agents, representatives, partners, or affiliates be held liable for any loss or damage caused by your reliance on any information obtained through the Service.
BODHI LLC respects the intellectual property rights of others, and asks you to do the same. It is BODHI LLC’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact BODHI LLC’s copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that BODHI LLC or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material.
You may write to BODHI LLC’s designated agent for notice of copyright infringement at:
Attn: Copyright Agent
1540 South 2nd Street
Wilmington NC 28409
If you believe that your removed or disabled User Content is not infringing, or that you have the authorization or right to post and use that User Content from the copyright owner, the copyright owner's agent, or pursuant to law, you may send a counter-notice containing the information required by Section 512(g)(3) of the Digital Millennium Copyright Act (17 USC § 512(g)(3)). BODHI LLC or its copyright agent will forward your counter-notification to the party who submitted the original copyright infringement claim. If the original claimant does not file an action seeking a court order to restrain you from engaging in infringing activity related to the removed or disabled User Content within 10 business days of receiving the counter-notice from BODHI LLC, then BODHI LLC may, in its sole discretion, reinstate the removed or disabled material.
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
www.bodhilive.com is a trademark of BODHI LLC. Other product, brand, and company names and logos used on the Service are the trademarks or registered trademarks of their respective owners. Any use of any of the marks appearing on the Service without the prior written consent of NLN or the owner of the mark, as appropriate, is strictly prohibited.
Communications with Users; User Meet-ups
When you join www.bodhilive.com, you understand and agree that you may receive communications from the other members of the Service. You also understand and agree that individual users are each acting independently and that no user is BODHI LLC representative or agent.
The Service may include tools that enable users to arrange in-person meetings. BODHI LLC is not involved in arranging or supervising meetings, and has no control over who attends meetings or the actions of any individual at any meeting. Please use caution and good judgment when arranging or attending meetings.
You agree that you bear all risk associated with any meeting you attend, and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Service or any meeting you attend. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
This is a paid subscription service, with a free trial. After the term of the free trial expires, you will be automatically charged the regular rate thereafter.
Access; Modifications to the Service
BODHI LLC does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).
BODHI LLC reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. BODHI LLC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
Unless otherwise agreed by BODHI LLC in writing, BODHI LLC is not obligated to provide any support for the Service.
If you provide feedback to BODHI LLC regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize BODHI LLC to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to BODHI LLC a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Changes to Terms
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the BODHI LLC website at http://www.bodhilive/terms or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.
You may terminate your use of the Service at any time by terminating your account and deleting any BODHI LLC software from your device or personal computer. Termination of your account is your sole right and remedy with respect to any dispute with BODHI LLC regarding the Service or these Terms. BODHI LLC may suspend or terminate your access to the Service at any time, for any reason. If BODHI LLC suspects that you have violated any provision of these Terms, BODHI LLC may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of BODHI LLC software in your possession. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither BODHI LLC nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.
BODHI LLC Membership
You can become a www.bodhilive.com Member by signing up to pay monthly, quarterly, or annual fees for unlimited access to the BODHI LLC web site.Training plans are online video programming that we offer as part of BODHI LLC and may include extra fees to view or participate in such trainings.
The membership fee will be billed at the beginning of the paying portion of your membership and each month or quarter or year thereafter unless and until you cancel your membership. We automatically bill your payment method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change our billing timing, in particular, if your payment method has not successfully been charged.
Payments are non-refundable and there are no credits for partially used periods. Following a cancellation, however, you will continue to have access to your www.bodhilive.com Membership through the end of your current billing period.
You may cancel your www.bodhilive.com Membership at any time for any reason. To cancel your recurring subscription, please visit your membership settings at https://www.bodhilive.com/settings/membership. Following a cancellation, you will lose access to all Training Plans you enrolled in during your membership at the end of your billing period. If you choose to sign back up as a member, your billing date will update to the day you paid.
We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). BODHI LLC is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).
The Service may contain links to Web pages and content of third parties ("Third-Party Content") as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE BODHI LLC, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BODHI LLC DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BODHI LLC, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
NEITHER BODHI LLC NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF BODHI LLC, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify and hold BODHI LLC, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.
Physical Liability Waiver
I recognize that the content offered by BODHI LLC on www.bodhilive.com requires physical exertion that may be strenuous at times and may cause physical injury and I am fully aware of the risks and hazards involved. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the above mentioned programs. I represent and warrant that I have no medical condition that would prevent my participation in the programs on www.bodhilive.com. I agree to assume full responsibility for any risks, injuries or damage known or unknown which I might incur as a result of participating in the programs. Such injuries may include, but are not limited to, heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees, injuries to back, injuries to foot, or any other illness or soreness, including death. I knowingly, voluntarily and expressly waive any claim I may have against BODHI LLC and its affiliates for injury or damages that I may sustain as a result of participating in the programs. I have read the above waiver and release of liability and fully understand its contents. I voluntarily agree to the terms and conditions stated above.I, my heirs or representatives forever release waive, discharge and covenant not to sue BODHI LLC or any of it’s affiliates, agents or contractors for any injury or death caused by their negligence or other acts.
These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by BODHI LLC without restriction. Any assignment attempted in violation of these Terms is void.
Governing Law; Venue
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Wilmington, North Carolina.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver and Severability of Terms
The failure of BODHI LLC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by BODHI LLC. If any provision of these Terms 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 these Terms remain in full force and effect.
Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.
These Terms are the entire agreement between you and BODHI LLC regarding your use of the Service.
Contacting BODHI LLC
For questions, comments, complaints, or claims related to the Service, please contact BODHI LLC at:
Attn: Juan Stamos.
1540 South 2nd Street
Wilmington NC 28409
“Personal Information,” as used in this Policy, is information that specifically identifies an individual end user of the Service, such as an individual's name, address, telephone number, or e-mail address. Personal Information also includes information about an individual’s activities, such as information about his or her activity on our Service, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked to Personal Information that identifies that individual.
Personal Information does not include “aggregate” or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes.
Collection of Voluntarily-Provided Information
We collect Personal Information that our users provide to us in a variety of ways on our Service, including:
- E-mail Newsletters. We may offer e-mail newsletters with announcements and information about BODHI LLC from time to time on our Service. If you sign up to receive a newsletter from us, we collect your e-mail address. You may opt out of receiving e-mail newsletters.
- Downloads, User Accounts and Profiles. Our Service or third parties may give you the ability to download BODHI LLC software, register for a BODHI LLC account or to create and update a user profile on the Service. If we offer such functionality on the Service, we will collect the Personal Information that you provide to us in the course of using that functionality. This information may include, for example, your name, contact information, and system information, as well as information about your interests, preferences and future needs. We may indicate that some personal information is required for you to download our software, register for the account or to create the profile, while some is optional. To the extent that your user profile is public, we will share your Personal Information in your user profile with others in your organization.
- Interactive Features and Public Areas. Our Service may contain interactive functionality that allows you to engage with other users on the Service, post comments to forums, to upload photographs and other content (the “User Content”), participate in surveys, and otherwise to interact with the Service and with other users. If you use any interactive functionality on our Service that requests or permits you to provide us with personal information (including, for example, any services that allow you to post User Content on any of our Service), we collect the Personal Information that you provide to us in the course of using these interactive features. You should be aware that any information you provide in chat sessions, message boards, email exchanges, newsgroups or similarly non-private areas of the Service may be read, collected, and used by others who access these areas, and this information is not Personal Information for the purposes of this Policy. To request removal of your Personal Information from these areas, please contact us. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
- Correspondence. If you contact us by e-mail, using a contact form on the Service, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence. We use this Personal Information to respond to your correspondence. We may also use your correspondence to improve the Service.
Passive Information Collection
When you visit our Service, some information is collected automatically. For example, when you access our Service, we automatically collect certain information, which may include your browser’s Internet Protocol (IP) address, your browser type, the nature of the device from which you are visiting the Service (e.g., a personal computer or a mobile device), the identifier for any handheld or mobile device that you may be using, the Web site that you visited immediately prior to accessing any Web-based Service, the actions you take on our Service, and the content, features, and activities that you access and participate in on our Service. We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message.
We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as “Web beacons”). We use passively-collected information to administer, operate, and improve the Website and our other services and systems, to improve the effectiveness of advertising on our Service, and to provide advertisements and other content that is tailored to you. If we link or associate any information gathered through passive means with Personal Information, or if applicable laws require us to treat any information gathered through passive means as Personal Information, we treat the combined information as Personal Information under this Policy. Otherwise, we use and disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.
Also, please be aware that third parties, such as companies displaying advertisements on the Service, or sites or services provided by third parties (“Third-Party Sites”) that may be linked to or from the Service, may set cookies on your hard drive or use other means of passively collecting information about your use of their services, Third-Party Sites or content. We do not have access to, or control over, these third-party means of passive data collection.
Information from Other Sources
We may receive information about you, including Personal Information, from third parties (e.g. opt-in lists where you have requested information about BODHI LLC or the Service while visiting a Third-Party Site). We may combine this information with other Personal Information we maintain about you. If we do so, this Policy governs any combined information that we maintain in personally identifiable format.
Use of Personal Information
We use Personal Information to provide the services and information that you request. We also use your Personal Information to enhance, improve, operate, analyze and maintain our Service and other systems (e.g., to troubleshoot problems); to prevent fraudulent use of our Service and other systems; to prevent or take action against activities that are, or may be, in violation of our Terms of Service or applicable law; to tailor advertisements, content, and other aspects of your experience on and in connection with the Service; to maintain a record of our dealings with you; for other administrative purposes (e.g., contacting you regarding administrative information or notices); to resolve disputes and enforce our agreements with you; and for any other purposes that we may disclose to you at the point at which we request your Personal Information, and pursuant to your consent. We may also use Personal Information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the “Choice” section below.
Disclosure of Personal Information
Except as described in this Policy, we will not disclose your Personal Information that we collect on the Service to third parties without your consent. We may disclose your Personal Information to third parties if you consent to us doing so, as well as in the following circumstances:
We may disclose Personal Information to third-party service providers (e.g., value-added resellers, payment processors, data storage and processing facility vendors) that assist us in our work. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
Some features on our Service may allow you to upload, post, or otherwise transmit User Content to public areas of the Service, such as content that you post in a public profile on the Service. Please be aware that any Personal Information that you include within any User Content will be made available to other users of the Service. You include Personal Information in User Content at your sole risk. We may allow you to select privacy options that limit access to some types of Personal Information in User Content, but no security measures are impenetrable or perfect. Additionally, even after information posted on the Website is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot warrant or guarantee that any Personal Information that you provide on and in connection with the Service will not be accessed, viewed, or used by unauthorized persons.
Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.
To Protect our Interests
We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Service and other users of the Service.
If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at email@example.com or by writing to us at the address given at the end of this policy. Additionally, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us.
Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Service.
If we offer the ability to create user accounts or profiles on our Service, you may have the ability to access and update many categories of Personal Information that you provide to us by logging in to your account and accessing your account settings. If you wish to access or amend any other Personal Information we hold about you, you may contact us at firstname.lastname@example.org or by the other methods described under “Contacting Us” below.
If you request that we delete your account on any of our Service (via a user settings page, by e-mail, or otherwise), we will do so within a reasonable period of time, but we may need to retain some of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
The Service may contain links to other Web sites, products, or services that we do not own or operate. For example, the Service may contain links to Third-Party Sites such as social networking services. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them. Additionally, please be aware that the Service may contain links to Web sites and services that we operate but that are governed by different privacy policies. We encourage you to carefully review the privacy policies applicable to any Web site or service you visit other than the Service before providing any Personal Information on them.
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Terms of Service prohibit users of the Service who are under the age of 18. We do not knowingly collect Personal Information from children under the age of 13. If we learn that we have collected Personal Information from a child under the age of 13 on our Service, we will delete that information as quickly as possible. If you believe that we may have collected any such Personal Information on our Service, please notify us at email@example.com
Our servers and data centers are located in the United States. If you choose to use the Service from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk. Always select a password that is unlikely to be available or discovered by others, and never disclose your password to any third parties. You are responsible for all Personal Information submitted through your account or user profile and all actions taken through your account and user profile. Therefore, if your password has been compromised for any reason, you should immediately change your password.
CalOPPA Compliance for Our California Users
The “Do Not Track” Law
California law requires that operators of websites disclose how they respond to a “Do Not Track” signal. Some browsers have incorporated “Do Not Track” features, wherein the browser will send a signal to the website or online service indicating that the user does not wish to be tracked. However, since there is no common understanding of how to interpret “Do Not Track“ signals as of yet, we do not currently respond to “Do Not Track” signals. We will continue to follow developments seeking a common industry understanding of how to treat “Do Not Track” signals.
Updates to this Policy
We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the beginning of the Policy. Your continued use of our Service after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose Personal Information.
If you have any questions or comments about this Policy, please contact us using the following contact information:
Attn: Juan Stamos
1540 South 2nd Street
Wilmington NC 28409
Last Updated: March 1st 2021