Terms & Conditions, Privacy Policy, Disclaimer
Welcome to iscalecrm.com (the “Website”). This Terms of
Use Agreement (the “Agreement”) is made and entered into by and between you and
Sovereign Alliance LLC dba iSCALE CRM (the “Company”, “us”, “we”, or “our”).
This Agreement sets forth the terms and conditions that govern your use of and
access to the Website and any products, materials, and services provided by or
on the Website (collectively, the “Services”).
1.0 Acceptance of this Agreement.
1.1 Acceptance Through Using or Accessing the Services.
Please review the following terms carefully. By accessing
or using the Services (or by clicking on “accept” or “agree” to this Agreement
when prompted), you agree to be bound by the terms and conditions of this
Agreement on behalf of yourself or the entity or organization that you
represent. If you do not agree to the terms and conditions of this Agreement,
you may not use or access the Services and must exit the Website immediately.
1.2 Eligibility Requirements to Use or Access the
Services.
To use the Website or any other Services, you must be (i)
at least 18 years old, (ii) a resident of the United States or legal resident
of another country, and (iii) not a competitor of or using the Services for
purposes that are competitive with the Company.
By accessing or using the Services, you represent and
warrant that you meet all the foregoing eligibility requirements. You also
represent and warrant that you have the right, authority, and capacity to enter
into this Agreement on your behalf or the entity or organization that you
represent. If you do not meet all these requirements, you may not use or access
the Services.
1.3 Changes to this Agreement.
The Company reserves the right to change this Agreement
from time to time in its sole discretion. Except for changes made for legal or
administrative purposes, the Company will provide reasonable advance notice
before the changes become effective. All changes will apply to your use of and
access to the Services from the date the changes become effective and onwards.
For new users, the changes will be effective immediately.
Your continued use of or access to the Services following
any changes to this Agreement shall constitute your acknowledgment of such
changes and agreement to be bound by the terms and conditions of such changes.
You should check this page frequently so that you are aware of any changes
since they are binding on you.
2.0 Access to the Services.
(a) Changes to Your Access and the Services.
The Services may change from time to time as the Company
evolves, refines, or adds more features to the Services. The Company reserves
the right to modify, withdraw, or discontinue the Services, in whole or in
part, at any time without notice to you. You agree that the Company shall have
no liability to you or any third party for any losses or damage caused by the
Services not being available, in whole or in part, at any time or for any
period.
(b) Creating an Account.
You may be required to register for an account and
provide certain information about yourself to access the Services or certain
features of the Services. You promise to provide us with accurate, complete,
and updated information about yourself. Access to the Platform is contingent
upon the submission of accurate, up-to-date, and comprehensive information
during the registration process.
The Service is designed for utilization in a professional
context, whether it pertains to an individual's trade, or business activities.
By agreeing to these Terms, you affirm, if registering as an individual.
Conversely, if registration is conducted on behalf of a business entity, where
these terms are accepted on behalf of a business entity, you declare and
guarantee possessing the necessary authority to legally commit the business
entity to these terms.
The Company may have different types of accounts for
different users. If you integrate any Services with a third-party service, you
grant us permission to access and use your information from such service as
permitted by that service to store your login credentials for that service. All
information that you provide will be governed by our Privacy Policy. You
consent to all actions that we may take with respect to your information
consistent with our Privacy Policy.
(c) Account Responsibilities.
You are entirely responsible for maintaining the
confidentiality of your password and account. You are also entirely responsible
for all activities associated with your account. Your account is personal to
you, and you agree not to provide any other person with access to the Services
or any portions of it using your username, password, or other security
information. You should ensure that you exit your account at the end of each
session. You should use extra caution when accessing your account from a public
or shared computer so that others are not able to view or record your password
or other personal information. You may not transfer your account to anyone else
without our prior written permission. You agree to notify the Company
immediately of any actual or suspected unauthorized use of your account or any
other breach of security. The Company will not be liable for any losses or
damages arising from your failure to comply with the above requirements. You
will be held liable for losses or damages incurred by the Company or any third
party due to someone else using your account or password.
(d) Account Responsibilities.
Our service offerings that are said to be (unlimited) are
subject to a Reasonable Use Policy to ensure the highest quality of service for
all our customers. We reserve the right to define what constitutes
"reasonable use" at our sole discretion.
If we determine that your use of the service is not in
accordance with our Reasonable Use Policy, we may, at our discretion, either
offer a different service plan that will better suit your needs, impose
additional charges for the unreasonable use, or suspend or terminate the
service for breach of this policy.
(e) Metered Communication Services. The Platform may
offer various communication functionalities, including but not limited to SMS,
MMS, email, and voice call features, among others. By employing these services,
you acknowledge sole responsibility for all messages dispatched through the service.
This encompasses adherence to all pertinent regulations, such as the Telephone
Consumer Protection Act (TCPA) and the CAN-SPAM Act. You affirm your
understanding of, and commitment to abide by, these regulations. The company
expressly disclaims any liability for your legal compliance and does not
guarantee that your use of the Service aligns with any specific laws. The
Company serves solely as a provider of a technology-based communication service
application. It does not participate in the creation, transmission, or delivery
of any communications via SMS, MMS, email, or other methods. The responsibility
for the content, timing, execution, fraud prevention, and call filtering of
these communications rests entirely with you and/or your entity, regardless of
whether these messages are crafted by you or generated automatically by the Service
under your instruction.
(e) Termination or Deletion of an Account.
The Company shall have the right to suspend or terminate
your account at any time in our sole discretion for any or no reason, including
if we determine that you have violated any terms or conditions of this agreement.
3.0 Policy for Using the Services.
3.1 Prohibited Uses.
You may use the Services for lawful purposes only and in
accordance with this Agreement. You may use the Services for any business or
commercial purposes. You agree not to use the Services in any way that could
damage the Services or general business of the Company.
3.2 Prohibited Activities.
You further agree not to engage in any of the following
prohibited activities in connection with using the Services:
(a) No Violation of Laws or Obligations. Violate any
applicable laws or regulations (including intellectual property laws and right
of privacy or publicity laws) or any contractual obligations.
(b) No Unsolicited Communications. Send any unsolicited
or unauthorized advertising, promotional materials, spam, junk mail, chain
letters, or any other form of unsolicited communications, whether commercial or
otherwise.
(c) No Impersonation. Impersonate others or otherwise
misrepresent your affiliation with a person or entity to mislead, confuse, or
deceive others.
(d) No Harming of Minors. Exploit or harm minors in any
way, including exposing inappropriate content or obtaining personally
identifiable information.
(e) Compliance with Content Standards. Upload, display,
distribute, or transmit any material that does not comply with the Content
Standards set out below in this Agreement.
(f) No Interference with Others’ Enjoyment. Harass or
interfere with anyone’s use or enjoyment of the Services or expose the Company
or other users to liability or other harm.
(g) No Interference or Disabling of the Services. Use any
device, software, or routine that interferes with the proper working of the
Services, or take any action that may interfere with, disrupt, disable, impair,
or create an undue burden on the infrastructure of the Services, including
servers or networks connected to the Website.
(h) No Monitoring or Copying Material. Copy, monitor,
distribute, or disclose any part of the Services by automated or manual
processes, devices, or means. This includes, without limitation, using
automatic devices such as robots, spiders, offline readers, crawlers, or
scrapers to strip, scrape, or mine data from the Website; provided, however,
that the Company conditionally grants to the operators of public search engines
revocable permission to use spiders to copy materials from the Website for the
sole purpose of and solely to the extent necessary for creating publicly
available searchable indices of the materials, but not caches or archives of
such materials.
(i) No Viruses, Worms, or Other Damaging Software.
Upload, transmit, or distribute to or through the Services any viruses, Trojan
horses, worms, logic bombs, or other materials intended to damage or alter the
property of others, including attacking the Services via a denial-of-service or
distributed denial-of-service attack.
(j) No Unauthorized Access or Violation of Security.
Violate the security of the Services through (i) any attempt to gain
unauthorized access to the Services or to other systems or networks connected
to the Services, (ii) the breach or circumvention of encryption or other
security codes or tools, or (iii) data mining or interference to any server,
computer, database, host, user, or network connected to the Services.
(k) No Reverse Engineering. Reverse engineer, decompile,
or otherwise attempt to obtain the source code or underlying information of or
relating to the Services.
(l) No Collecting User Data. Collect, harvest, or
assemble any data or information regarding any other user without their
consent. This includes, without limitation, their emails, usernames, or
passwords.
(m) No Other Interference. Otherwise attempt to interfere
with the proper working of the Services.
(n) Attempt or Assist Others in Attempting. Attempt any
of the foregoing or assist, permit, or encourage others to do or attempt any of
the foregoing.
(o) Timely Response to Escalations. Responses to Agency
Escalations are required to occur within 24 hours Monday through Friday. If
Escalations are not handled by the agency in this timely manner, Services will
be terminated without notification.
3.3 Geographic Restrictions.
The Company is based in the United States. The Services
are for use by persons located in the United States. By choosing to access the
Services from any location other than the United States, you accept full
responsibility for compliance with all local laws. The Company makes no
representations that the Services or any of its content are accessible or
appropriate outside of the United States.
4.0 Terms and Conditions of Sale
4.1 Purchasing Process
Any steps taken from choosing Services to order
submission form part of the purchasing process. The purchasing process includes
these steps:
(a) By clicking on the checkout button or completing the
provided invoice, users open the third-party merchant checkout section, wherein
they will have to specify their contact details and a payment method of their
choice.
(b) After providing all the required information, users
must carefully review the order and, subsequently, confirm and submit it by
using the relevant button or mechanism on the Website, hereby accepting these
Terms and committing to pay the agreed-upon price.
4.2 Order Submission
When you submit an order, the following applies:
(a) The submission of an order determines contract
conclusion and therefore creates for you the obligation to pay the price,
taxes, and possible further fees and expenses, as specified on the order page.
(b) In case the purchased Services requires active input
from you, such as the provision of personal information or data, specifications
or special wishes, the order submission creates an obligation for you to
cooperate accordingly.
(c) Upon submission of the order, users will receive a
receipt confirming that the order has been received.
All notifications related to the described purchasing
process shall be sent to the email address provided by you for such purposes.
4.3 Purchase Price and Fee
You are informed during the purchasing process and before
order submission, about any fees, taxes and costs (including, if any, delivery
costs) that will be charged.
4.4 Methods of payment
Information related to accepted payment methods is made
available during the purchasing process. Some payment methods may only be
available subject to additional conditions or fees. In such cases related
information can be found in the dedicated section of the Website. All payments
are independently processed through third-party services. Therefore, the
Website does not collect any payment information – such as credit card details
– but only receives a notification once the payment has been successfully completed.
If payment through the available methods fails or is refused by the payment
service provider, the Company shall be under no obligation to fulfill the
purchase order. Any costs or fees resulting from the failed or refused payment
shall be borne by you.
4.5 Receipt of Purchased Services
Right to utilize the purchased Services shall not be
conferred upon you until the Company has received the entire purchase price.
5.1 Subscriptions
Subscriptions allow you to receive Services continuously
or regularly over a determined period. Monthly subscriptions will be billed in
advance of Services. Monthly Subscriptions begin on the day the payment is
received by the Company. To maintain monthly subscriptions. Your credit card
will be directly debited per your payment agreement. Failure to do so may cause
service interruptions.
5.2 Fixed-minimum Subscriptions
Some subscriptions for Services require a fixed minimum
subscription commitment which cannot be canceled until the commitment is
fulfilled. Fixed minimum subscriptions start on the day the payment is received
by the Company and last for the subscription period chosen by you or otherwise
specified during the purchasing process. Charges for such fixed minimum
subscription commitments will continue to be automatically applied to your bill
until the minimum commitment has been achieved. Once the subscription period
expires, the Services shall no longer be accessible, unless you renew the
subscription by paying the relevant price. Fixed minimum subscriptions may not
be terminated prematurely and shall run out upon expiration of the subscription
term.
5.3 Metered Communication
Surcharges
You will pay all Metered
Communications Surcharges associated with your use of the Service. Metered Communications
Surcharges will be shown as a separate line item on an invoice.
Metered Communications Surcharges are
nonrefundable. Fees will be billed to the credit card we have on file. You
agree to provide us with accurate and complete billing information (name,
address, credit card information, and phone number) and notify us of any
changes within 10 days of the change.
5.4 Taxes
The obligation to settle taxes and any related
governmental levies ("Taxes") arising from your utilization of the Service
falls solely on you, encompassing all Taxes pertinent to transactions conducted
with your customers. You agree to shield the Company from any claims arising
out of Tax obligations linked to your use of the Service including those Taxes
stemming from your dealings with customers.
The Company reserves the right to impose Taxes as part of
the Fees, in accordance with legal requirements or as it sees fit. Decisions
made by the Company regarding the collection of Taxes are conclusive. Should the
Company determine the necessity to adjust Tax calculations, it may subsequently
levy additional Taxes from you. It is important to note that Taxes collected
are not subject to refunds.
5.5 One Time Purchases & Other Payment Terms/Plans
(a) Your credit card will be directly debited per your purchase
agreement.
(b) You will remain liable for the remainder until
payment is received in full.
(c) Should you have questions or issues with your payment
plan, please contact info.sovereignalliance(at)gmail.com
5.6 Automatic Renewal
Subscriptions are automatically renewed through the
payment method that you chose during purchase unless you cancel the
subscription within the deadlines for termination specified in the relevant
section of these Terms and/or Website. The renewed subscription will last for a
period equal to the original term.
5.7 Termination Policy
The responsibility for knowing your monthly or fix-minimum
service renewal- terminating dates linked to your account rests solely with
you, and you will be held accountable for all charges incurred up until the
point of termination. It is important to note that no refunds will be issued
for any failure to appropriately terminate the Services tied to your account.
Subscriptions can be terminated at any time and for any reason by providing a
clear and unequivocal notice of cancellation to the Company through the contact
details specified in this document or, where available, by utilizing the
appropriate cancellation features provided on the Website. Should the Company
receive your cancellation notice prior to the renewal of your subscription, the
termination will become effective immediately upon the conclusion of the
current billing period.
5.8 Payments
(a) If payments are not received on your due date and
your account ends up in collections, we reserve the right to pursue legal
action through collections to obtain at least ninety (90) percent of the
minimum balance due. Grace period of 1 week is allowed by approved exception
only by email info.sovereignalliance(at)gmail.com, otherwise termination will
occur immediately.
(b) Should your credit card expire, or payment fails for
any reason during payment processing your access will be automatically
suspended until the payment is made and your access will be immediately
restored. We reserve the right to obtain any back payments owed through
collection should payments not be made as outlined upon enrollment as this is a
legal binding agreement.
(c) Payment Disputes.
You will notify us in writing within sixty (60) days of the date we bill
you for any invoiced Fees or charges that you wish to dispute.
You must pay all invoiced Fees and charges
while the dispute is pending, or you waive the right to pursue the
dispute.
Where you are disputing any
Fees or charges, you must act reasonably and in good faith and cooperate
diligently with us to resolve the dispute.
Our determinations regarding your obligation to pay invoiced Fees and
charges are final.
(d) No Refunds or Credits.
iSCALE CRM does not provide Fee refunds or Credits
for partially used or unused Services subscriptions.
If you sign up for a subscription but do not
access the Service, you are still responsible for Charges and fees
during the term of your subscription. Except
as may be required by law, iSCALE CRM reserves the right to issue or deny a
refund or credit in its sole and absolute discretion, at any time, for any
reason, and iSCALE CRM determination of when to issue or deny a refund or
credit is final.
5.9 Memberships Sites
You must always behave in a respectful and professional
manner when dealing with our personnel and members while participating in any
of our programs. We reserve the right to terminate your access should you
choose to participate in an unprofessional manner or violate community
guidelines.
5.10 No Refund upon delivery of service
Programs that
consist of digital courses, snapshots and live coaching are considered
delivered upon login to app.iscalecrm.com or attendance of live coaching calls.
There are no refunds after delivery unless otherwise specified in a signed
contract.
5.11 Core Support Plans
Core Support Plan is for Client specific support. If a
subscriber on the core plan uses their plan to provide support to their affiliates,
they are eligible to be cancelled if an upgrade does not occur in a timely
manner (1 week).
6.0 Intellectual Property Rights.
6.1 Ownership of Intellectual Property.
You acknowledge that all intellectual property rights,
including copyrights, trademarks, trade secrets, and patents, in the Services
and its contents, features, and functionality (collectively, the “Content”),
are owned by the Company, its licensors, or other providers of such material.
The Content is protected by U.S. and international intellectual property or
proprietary rights laws. Neither this Agreement nor your access to the Services
transfers to you any right, title, or interest in or to such intellectual
property rights. Any rights not expressly granted in this Agreement are
reserved by the Company and its licensors.
6.2. License to Use the Services.
During the Term of this Agreement, the Company grants you
a limited, non-exclusive, non-transferable, non-sublicensable, and revocable
license to use and access the Content for any business or commercial use in
accordance with this Agreement. The Content may not be used for any other
purpose. This license will terminate upon your cessation of use of the Services
or at the termination of this Agreement.
6.3 Certain Restrictions.
The rights granted to you in this Agreement are subject
to the following restrictions:
(a) No Copying or Distribution. You shall not copy,
reproduce, publish, display, perform, post, transmit, or distribute any part of
the Content in any form or by any means except as expressly permitted herein or
as enabled by a feature, product, or the Services when provided to you.
(b) No Modifications. You shall not modify, create
derivative works from, translate, adapt, disassemble, reverse compile, or
reverse engineer any part of the Content.
(c) No Exploitation. You shall not sell, license,
sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the
Content or the Services in any way, whether in whole or in part.
(d) No Altering of Notices. You shall not delete or alter
any copyright, trademark, or other proprietary rights notices from copies of
the Content.
(e) No Competition. You shall not access or use the
Content to build a similar or competitive website, product, or service.
(f) Systematic Retrieval. You shall not use any
information retrieval system to create, compile, directly or indirectly, a
database, compilation, collection, or directory of the Content or other data
from the Services.
6.4 Trademark Notice.
All trademarks, logos, and service marks displayed on the
Services are either the Company’s property or the property of third parties.
You may not use such trademarks, logos, or service marks without the prior
written consent of their respective owners.
7.0 User Content.
7.1 User Generated Content.
The Services may contain message boards, chatrooms,
profiles, forums, and other interactive features that allow users to post,
upload, submit, publish, display, or transmit to other users or other persons
content or materials (collectively, “User Content”) on or through the Services.
You are solely responsible for your User Content. Please
consider carefully what you choose to share. All User Content must comply with
the Content Standards set forth below. Any User Content you post on or through
the Services will be considered non-confidential and non-proprietary. You
assume all risks associated with the use of your User Content. This includes
any reliance on its accuracy, completeness, reliability, or appropriateness by
other users and third parties, or any disclosure of your User Content that
personally identifies you or any third party. You agree that the Company shall
not be responsible or liable to any third party for any User Content posted by
you or any other user of the Services.
You further agree that the Company shall not be
responsible for any loss or damage incurred as the result of any interactions
between you and other users. Your interactions with other users are solely
between you and such users. If there is a dispute between you and any other
user, we are under no obligation to become involved.
7.2 License.
You hereby grant to the Company an irrevocable,
non-exclusive, royalty-free and fully paid, transferable, perpetual, and
worldwide license to reproduce, distribute, publicly display and perform,
prepare derivative works of, incorporate into other works, and otherwise use
and exploit your User Content, and to grant sublicenses of the foregoing
rights, in connection with the Services and the Company’s business including,
without limitation, for promoting and redistributing part or all of the
Services in any media formats and through any media channels.
You represent and warrant that you have all the rights,
power, and authority necessary to grant the rights granted herein to any User
Content that you submit. You hereby irrevocably waive all claims and have no
recourse against us for any alleged or actual infringement or misappropriation
of any proprietary rights in any communication, content, or material submitted
to us. Please note that all the following licenses are subject to our Privacy
Policy to the extent they relate to any User Content that contains any
personally identifiable information.
7.3 Content Standards.
You agree not to send, knowingly receive, upload,
transmit, display, or distribute any User Content that does not comply with the
following standards (“Content Standards”). User Content must not:
(a) Violate Laws or Obligations. Violate any applicable
laws or regulations (including intellectual property laws and right of privacy
or publicity laws), or any contractual or fiduciary obligations.
(b) Promote Illegal Activity or Harm to Others. Promote
any illegal activity; advocate, promote, or assist any unlawful act; or create
any risk of any harm, loss, or damage to any person or property.
(c) Infringe Intellectual Property Rights. Infringe any
copyright, trademark, patent, trade secret, moral right, or other intellectual
property rights of any other person.
(d) Defamatory, Abusive, or Otherwise Objectionable
Material. Contain any information or material that we deem to be unlawful,
defamatory, trade libelous, invasive of another’s privacy or publicity rights,
abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar,
profane, indecent, offensive, inflammatory, humiliating to other people
(publicly or otherwise), or otherwise objectionable. This includes any
information or material that we deem to cause annoyance, inconvenience, or
needless anxiety, or be likely to upset, embarrass, alarm, or annoy another
person.
(e) Promotion of Sexually Explicit Material or
Discrimination. Promote sexually explicit or pornographic material, violence,
or discrimination based on race, sex, religion, nationality, disability, sexual
orientation, or age.
(f) Fraudulent Information or Impersonation. Contain any
information or material that is false, intentionally misleading, or otherwise
likely to deceive any person including, without limitation, impersonating any
person, or misrepresenting your identity or affiliation with any person or
organization.
(g) Endorsement by the Company. Represent or imply to
others that it is in any way provided, sponsored, or endorsed by the Company or
any other person or entity, if that is not the case.
7.4 Monitoring and Enforcement.
We always reserve the right, but are not obligated, to:
(a) Take any action with respect to any User Content that
we deem necessary or appropriate in our sole discretion, including if we
believe that such User Content violates the Content Standards or any other
provision in this Agreement, or creates liability for the Company or any other
person. Such action may include reporting you to law enforcement authorities.
(b) Remove or reject any User Content for any or no
reason in our sole discretion.
(c) Disclose any User Content, your identity, or
electronic communication of any kind to satisfy any law, regulation, or
government request, or to protect the rights or property of the Company or any
other person.
(d) Terminate or suspend your access to all or part of
the Services for any or no reason, including without limitation, any violation
of this Agreement.
We do not review User Content before it is posted on or
through the Services, and therefore cannot ensure prompt removal of
questionable User Content. Accordingly, the Company and its affiliates, and
their respective officers, directors, employees or agents, assume no liability
for any action or inaction regarding transmissions, communications, or content
provided by any user or third party. The Company shall have no liability or
responsibility to anyone for performance or non-performance of the activities described
in this Section.
7.5 Copyright Infringement (Digital Millennium Copyright
Act Policy).
The Company respects the intellectual property of others
and expects users of the Services to do the same. It is the Company’s policy to
terminate the users of our Services who are repeat infringers of intellectual
property rights, including copyrights. If you believe that your work has been
copied in a way that constitutes copyright infringement and wish to have the
allegedly infringing material removed, please provide the following information
in accordance with the Digital Millennium Copyright Act to our designated
copyright agent:
(a) a physical or electronic signature of the copyright
owner or a person authorized to act on their behalf.
(b) a description of the copyrighted work that you allege
has been infringed.
(c) a description 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.
(d) a description of where the material that you claim is
infringing is located.
(e) your contact information, including your address,
telephone number, and email address.
(f) a statement that you have a good faith belief that
use of the objectionable material is not authorized by the copyright owner, its
agent, or under the law; and
(g) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any
misrepresentation of material fact in a written notification automatically
subjects the complaining party to liability for any damages, costs, and
attorneys’ fees incurred by us in connection with the written notification and
allegation of copyright infringement.
Copyright: iSCALE CRM
7.6 Feedback to the Company.
If you provide the Company with any feedback or
suggestions regarding the Services (“Feedback”), you hereby assign to the
Company all rights in such Feedback and agree that the Company shall have the
right to use and fully exploit such Feedback and related information in any
manner it deems appropriate. The Company will treat any Feedback that you
provide to the Company as non-confidential and non-proprietary. You agree that
you will not submit to the Company any information or ideas that you consider to
be confidential or proprietary.
8.0 Assumption of Risk.
The information presented on or through the Services is
made available for general information purposes only. The Company does not
warrant the accuracy, completeness, suitability, or quality of any such
information. Any reliance on such information is strictly at your own risk. The
Company disclaims all liability and responsibility arising from any reliance
placed on such information by you or any other user of the Services, or by
anyone who may be informed of any of its contents.
9.0 Privacy.
For information about how the Company collects, uses, and
shares your information, please review our Privacy Policy. You agree that by
using the Services you consent to the collection, use, and sharing (as set
forth in the Privacy Policy) of such information.
10.1 Termination.
The Company may suspend or terminate your access or
rights to use the Services at any time, for any reason, in our sole discretion,
and without prior notice, including for any breach of the terms of this
Agreement. Upon termination of your access or rights to use the Services, your
right to access and use the Services will immediately cease. The Company will
not have any liability whatsoever to you for any suspension or termination of
your rights under this Agreement, including for termination of your account or
deletion of your User Content. If you have registered for an account, you may
terminate this Agreement at any time by contacting the Company and requesting
termination.
10.2 Effect of Termination.
Upon termination of this Agreement, any provisions that
by their nature should survive termination shall remain in full force and
effect. This includes, without limitation, ownership or intellectual property
provisions, warranty disclaimers, and limitations of liability. Termination of
your access to and use of the Services shall not relieve you of any obligations
arising or accruing prior to termination or limit any liability that you
otherwise may have to the Company or any third party. You understand that any
termination of your access to and use of the Services may involve deletion of
your User Content associated with your account from our databases.
11.0 No Warranty.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS
AVAILABLE” BASIS. THE USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS
LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR
CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR
SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS
OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY
MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY
MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES OR ANY OTHER USER.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES,
ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF FIRST USE.
12.0 Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO
EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS,
SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING
OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY
THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK,
INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION
IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL,
OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE
AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP
USING THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
13.0 Indemnification.
You agree to indemnify, defend, and hold harmless the
Company and its affiliates and their respective officers, directors, employees,
agents, affiliates, successors, and permitted assigns (collectively,
“Indemnified Party”) from and against any and all losses, claims, actions,
suits, complaints, damages, liabilities, penalties, interest, judgments,
settlements, deficiencies, disbursements, awards, fines, costs, fees, or
expenses of whatever kind, including reasonable attorneys’ fees, fees and other
costs of enforcing any right to indemnification under this Agreement, and the
cost of pursuing any insurance providers, arising out of or relating to your
breach of this Agreement or your use or misuse of the Services including, but
not limited to, your User Content or any actions taken by a third party using
your account. The Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to assist and cooperate with our defense or
settlement of these claims.
14.0 Disputes.
14.1 Governing Law.
All matters relating to this Agreement, and all matters
arising out of or relating to this Agreement, whether sounding in contract,
tort, or statute are governed by, and construed in accordance with, the laws of
the State of Michigan, without giving effect to any conflict of law principles.
14.2 Dispute Resolution.
Any action or proceeding arising out of or related to
this Agreement or the Services shall be brought only in a state or federal
court located in the State of Michigan, County of Wayne, although we retain the
right to bring any suit, action, or proceeding against you for breach of this
Agreement in your country of residence or any other relevant country. You
hereby irrevocably submit to the jurisdiction of these courts and waive the defense
of inconvenient forum to the maintenance of any action or proceeding in such
venues.
At the Company’s sole discretion, it may require any
dispute, claim, or controversy arising out of or relating to this Agreement, or
the breach, termination, enforcement, interpretation, or validity thereof, to
be submitted to and decided by a single arbitrator by binding arbitration under
the rules of the American Arbitration Association in Dearborn, Michigan. The
decision of the arbitrator shall be final and binding on the parties and may be
entered and enforced in any court of competent jurisdiction by either party.
The prevailing party in the arbitration proceedings shall be awarded reasonable
attorneys’ fees, expert witness costs and expenses, and all other costs and
expenses incurred directly or indirectly in connection with the proceedings,
unless the arbitrator shall for good cause determine otherwise.
All arbitrations shall proceed on an individual basis.
You agree that you may bring claims against the Company in arbitration only in
your individual capacities and in so doing you hereby waive the right to a
trial by jury, to assert or participate in a class action lawsuit or class
action arbitration (either as a named-plaintiff or class member), and to assert
or participate in any joint or consolidated lawsuit or joint or consolidated
arbitration of any kind. Notwithstanding anything to the contrary under the
rules of the American Arbitration Association, the arbitrator may not
consolidate more than one person's claims and may not otherwise preside over
any form of a representative or class proceeding. If a court decides that
applicable law precludes enforcement of any of this paragraph's limitations as
to a particular claim for relief, then that claim (and only that claim) must be
severed from the arbitration and may be brought in court.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE
TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS
ACTION.
14.3 Limitation to Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OR
RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN THREE 3
MONTHS AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY WAIVED AND BARRED.
15.0 Miscellaneous.
15.1 Waiver.
Except as otherwise set forth in this Agreement, no
failure of the Company to exercise, or delay by the Company in exercising, any
right, remedy, power, or privilege arising from this Agreement shall operate or
be construed as a waiver thereof, nor shall any single or partial exercise of
any right, remedy, power, or privilege hereunder preclude any other or further
exercise thereof or the exercise of any other right, remedy, power, or
privilege.
15.2 Severability.
If any term or provision of this Agreement is found by a
court of competent jurisdiction to be invalid, illegal, or unenforceable, such
invalidity, illegality, or unenforceability shall not affect any other term or
provision of this Agreement or invalidate or render unenforceable such term or
provision in any other jurisdiction.
15.3 Entire Agreement.
This Agreement, together with all documents referenced
herein, constitutes the entire agreement between you and the Company with
respect to the subject matter contained herein. This Agreement supersedes all
prior and contemporaneous understandings, agreements, representations, and
warranties, both written and oral, with respect to the subject matter hereof.
15.4 Headings.
Headings and titles of sections, clauses, and parts in
this Agreement are for convenience only. Such headings and titles shall not
affect the meaning of any provisions of the Agreement.
15.5 No Agency, Partnership or Joint Venture.
No agency, partnership, or joint venture has been created
between you and the Company because of this Agreement. You do not have any
authority of any kind to bind the Company in any respect whatsoever.
15.6 Assignment.
You shall not assign or delegate any of your rights or
obligations under this Agreement without the prior written consent of the
Company. Any assignment or delegation in violation of this Section shall be
deemed null and void. No assignment or delegation shall relieve you of any of
your obligations hereunder. The Company may freely assign or delegate its
rights and obligations under this Agreement at any time. Subject to the limits
on assignment stated above, this Agreement will inure to the benefit of, be binding
on, and be enforceable against each of the parties hereto and their respective
successors and assigns.
15.7 Export Laws.
The Services may be subject to U.S. export control laws
and regulations. You agree to abide by these laws and their regulations
(including, without limitation, the Export Administration Act and the Arms
Export Control Act) and not to transfer, by electronic transmission or
otherwise, any materials from the Services to either a foreign national or a
foreign destination in violation of such laws or regulations.
16.0 Contact Information.
All notices of copyright infringement claims should be
sent to the designated copyright agent as provided in Section 7 (User Content).
All other feedback, comments, requests for technical support, and other
communications relating to the Services should be directed to info.sovereignalliance(at)gmail.com.
Privacy Policy
Sovereign Alliance LLC (the “Company”) respects the
privacy concerns of the users of its website, iscalecrm.com and the services
provided therein (the “Site”). The Company thus provides this privacy statement
to explain what information is gathered during a visit to the Site and how such
information may be used.
Please also review the website Terms of Use and Privacy
Policy which also govern use of this Site.
Your privacy is important to us.
This Privacy Policy (the “Policy”) describes
the types of information Sovereign Alliance llc dba iSCALE CRM (the “Company”,
“us”, “we”, or “our”) may collect from you or that you may provide when you
visit the Website and the products, features, materials, and services we offer
(collectively with the Website, the “Services”). This Policy also describes our
policies and procedures for collecting, using, maintaining, protecting, and
disclosing that information.
This Policy applies to information we collect on the
Website and through your use of the Services generally (including when you
register for an account), and through communications between you and the
Website (including email, text, and other electronic messages).
This Policy does not apply to information collected by
third parties, including any websites, services, and applications that you
elect to access through the Services.
Please review this Policy carefully. By accessing or
using the Services (or by clicking on “accept” or “agree” to this Policy when
prompted), you agree to the terms of this Policy on behalf of yourself or the
entity or organization that you represent. If you do not agree to any term in
this Policy, you should refrain from further use of our Services.
1. Changes to Our Privacy Policy.
This Policy was last revised on the date noted at the top
of this page. We may update this Policy from time to time. If we make material
changes, we will post the updated Policy on this page and notify you of such
changes by means of an email to the email address specified in your account, a
message on the Services, or through a notice on the Website home page. Your
continued use of the Services after we make changes is deemed to be acceptance
of those changes, so please check the Policy periodically for updates.
2. Information We Collect.
We receive several types of information about you from
various sources, including (A) information and content that you give us; (B)
automatically collected information; and (C) demographic information or other
aggregate information. Each is described in detail below.
2.1 Information and Content That You Give Us.
We collect personal information that you knowingly choose
to disclose. This may include:
(a) Personal Information (or Data). Personal information,
such as your name, address, email address, phone number, username, password,
and any other information you directly provide us on or through the Services.
This includes information you provide when you register or create an account,
complete a questionnaire or a contest entry form, or make a request for
customer service.
(b) Correspondences. Records and copies of your email
messages together with your email address and our responses, if you choose to
correspond with us through email, and records of your phone number, phone calls
with us, and voice messages, if you choose to correspond with us via phone.
(c) User Content. Information or content you submit to be
published or displayed on public areas of the Services or transmitted to other
users of the Services or third parties (collectively, “User Content”). Your
User Content is posted and transmitted to others at your own risk. The Company
cannot control the actions of other users of the Services with whom you may
choose to share your User Content. Therefore, we cannot and do not guarantee
that your User Content will not be viewed by unauthorized persons.
(d) Transaction Information. Information about any
purchase or transactions made on the Services. This includes payment
information, such as your credit or debit card number and other card
information; other account and authentication information; and billing,
shipping, and contact details.
(e) Search Queries. Your search queries on the Website.
2.2 Information We Collect Automatically.
We may use a variety of technologies to collect certain
information about your equipment, browsing actions, and patterns whenever you
interact with the Services, including:
(a) Activity Information. Details of your visits to our
Services, including the types of content you view or engage with; the features
you use; the actions you take; the people or accounts you interact with; the
time, frequency, and duration of your activities; and other information about
your use of and actions on the Services.
(b) Equipment Information. Information about your
computer and internet connection, including your computer operating system, IP
address, browser type, and browser language.
(c) Location Information. Information about the location
of your device, including GPS location, for purposes of enhancing or
facilitating the Services. We may also use information about the location of
the device you are using to help us understand how the Services and
functionality are being used and to deliver more relevant advertising.
The gathering of this information may be used for
maintaining the quality of the Services we provide, as well as providing
overall general statistics related to the use of the Services. The technologies
we use for this automatic data collection may include:
(a) A cookie is a small data file stored on the hard
drive of your computer either for only the duration of your visit on a website
(“session cookies”) or for a fixed period (“persistent cookies”). Cookies
contain information that can later be read by a web server. We may use cookies
to provide you with a more personal and interactive experience on the Services.
(b) Pixels (also known as “clear gifs”, “pixel tags”,and
“single-pixel gifs”) are small files that are embedded in webpages,
applications, and emails. Pixels allow the Company, for example, to track who
has visited those webpages or opened an email, test the effectiveness of our
marketing, and compile other related website statistics.
(c) JavaScripts are code snippets embedded in websites
and applications that facilitate a variety of operations including accelerating
the refresh speed of certain functionality or monitoring usage of various
online components.
(d) Entity Tags are HTTP code mechanisms that allow
portions of websites to be stored or “cached” within your browser and validates
these caches when the website is opened, accelerating website performance since
the web server does not need to send a full response if the content has not
changed.
(e) HTML5 local storage allows data from websites to be
stored or “cached” within your browser to store and retrieve data in HTML5
pages when the website is revisited.
(f) Resettable device identifiers (also known as
“advertising identifiers”) are like cookies and are found on many mobile
devices and tablets (e.g., the “Identifier for Advertisers” or “IDFA” on Apple
iOS devices and the “Google Advertising ID” on Android devices), and certain
streaming media devices. Like cookies, resettable device identifiers are used
to make online advertising more relevant.
This Policy does not cover the use of tracking
technologies by third parties. The Services may contain links, content,
advertising, or references to other websites by third parties, including
advertisers, ad networks and servers, content providers, and application
providers. These third parties may use cookies or other tracking technologies
to collect information about you when you use the Services. The information
they collect may be associated with your personal information or they may
collect information about your online activities over time and across different
websites. Please be aware that we do not check these third parties’ tracking
technologies or when and how they may be used. Therefore, the Company does not
claim nor accept responsibility for any privacy policies, practices, or
procedures of any third party. We encourage you to read the privacy statements
and terms and conditions of linked or referenced websites you enter. If you
have any questions about an ad or other targeted content, you should contact
the responsible provider directly.
2.3 Demographic Information.
We may collect demographic, statistical, or other
aggregate information that is about you, but individually does not identify
you. Some of this information may be derived from personal information, but it
is not personal information and cannot be tied back to you. Examples of such
aggregate information include gender, age, race, household income, and
political affiliation.
2.4 Information from Other Sources.
We may receive information about you from other sources
and add it to our account information. We protect this information according to
the practices described in this Policy, plus any additional restrictions
imposed by the source of the data. These sources may include online and offline
data providers, from which we obtain demographic, interest-based, and online
advertising related data; publicly available sources such as open government
databases or social networks; and service providers who provide us with
information, or updates to that information, based on their relationship with
you. By gathering additional information about you, we can correct inaccurate
information, enhance the security of your transactions, and give you product or
service recommendations and special offers that are more likely to interest
you.
3. How We Use Your Information.
We may use the information we collect about you in a
variety of ways, including:
(a) to provide the Services and their content to you.
(b) to respond to comments and questions and provide
customer service.
(c) to fulfill the purpose for which you provide such
information, or fulfill any other purpose disclosed by us when you provide the
information.
(d) to communicate with you about your order, purchase,
account, or subscription.
(e) to inform you about important changes to, or other
news about, the Services or any of their features or content.
(f) to operate, maintain, improve, personalize, and
analyze the Services.
(g) to monitor and analyze trends, usage, and activities
for marketing or advertising purposes.
(h) to detect, prevent, or investigate security breaches,
fraud, and other unauthorized or illegal activity.
(i) to carry out our obligations and enforce our rights
arising from any contracts entered between you and us, including for billing
and collection.
(j) to maintain appropriate records for internal
administrative purposes.
(k) to allow you to participate in interactive features
on the Services.
(l) to send promotional communications, such as
information about features, newsletters, offers, promotions, contests, and
events.
(m) to share information across the Company’s products,
services, and devices to provide a more tailored and consistent experience on
all Company products, services, and devices that you use.
(n) to develop, test, troubleshoot, and improve new
products, services, and features, including by conducting surveys and research,
and testing and troubleshooting new products, services, and features.
(o) in any other way we may describe when you provide the
information; and
(p) for any other purpose with your consent.
We may use the information we have collected from you to
enable us to display advertisements to our advertisers’ target audiences. Even
though we do not disclose your personal information for these purposes without
your consent, if you click on or otherwise interact with an advertisement, the
advertiser may assume that you meet its target criteria.
4. Sharing Your Information.
We may disclose aggregated or anonymized information
about our users without any restrictions. We will not share your personal
information that we collect, or you provide as described in this Policy except
in the following circumstances:
(a) With subsidiaries and affiliates for business
purposes. To our subsidiaries and affiliated companies for purposes of
management and analysis, decision-making, and other business purposes.
(b) When we work with service providers. To service
providers, professional advisors, contractors, and other third parties that
provide us with support services, such as payment processing, website hosting,
information technology, sales, email and postal delivery, location mapping,
product and service delivery, or analytics services, and who are bound by
contractual obligations to keep personal information confidential and use it
only for the purposes for which we disclose it to them.
(c) When we become involved in a sale or transfer of the
Company. If we become involved with a merger, divestiture, restructuring,
reorganization, dissolution, or other sale or transfer of some or all the
Company’s assets (whether as a going concern or as part of a bankruptcy,
liquidation, or similar proceeding), to business entities or people involved in
the negotiation or transfer.
(d) When we are required by law. To comply with any court
order, law, or legal process, including to respond to any government or
regulatory request.
(e) When we enforce our rights. To enforce or apply this
Policy, our Terms of Use, and other agreements, including
for billing and collection purposes.
(f) To help protect lawful interests. If we believe
disclosure will help us protect the rights, property, or safety of the Company,
our users, partners, agents, and others. This includes exchanging information
with other companies and organizations for fraud protection, and spam and
malware prevention.
(g) To fulfill the purpose for that information or with
your consent. To fulfill the purpose for which you provide the information, for
any other purpose disclosed by us when you provide the information, or with
your consent.
(h) When we work with marketing service providers. To
marketing service providers to assess, develop, and provide you with promotions
and special offers that may interest you; administer contests, sweepstakes, and
events; or for other promotional purposes.
(i) When we work with business partners. To third parties
whom we have strategic marketing alliances or partnerships with to provide you
with information regarding products and services that we think will be of
interest to you.
(j) Third-party platforms and social media networks. To
third-party platforms and social media networks, if you have enabled features
or functionality that link the Services to such a platform or network (such as
logging into the Services using your account with the third party).
Information that you post on or through the public areas
of the Services (e.g., in chat rooms, bulletin boards, and discussion groups)
is generally accessible to, and may be collected and used by, others and may
result in unsolicited messages or other forms of contact from others. Users of
the Services are encouraged to exercise caution when providing personal
information about themselves in public or interactive areas.
5.5 Contacting the User
Mailing list or newsletter (Website): By registering on
the mailing list or for the newsletter, the User’s email address will be added
to the contact list of those who may receive email messages containing
information of commercial or promotional nature concerning Website. Your email
address, phone contacts or any other contact information to communicate with
the User might also be added to this list because of signing up to Website or
after making a purchase.
5.6 Handling payments
Unless otherwise specified, Website processes any
payments by credit card, bank transfer or other means via external payment
service providers. In general, and unless where otherwise stated, Users are
requested to provide their payment details and personal information directly to
such payment service providers. A website isn't involved in the collection and
processing of such information: instead, it will only receive a notification by
the relevant payment service provider as to whether payment has been
successfully completed.
Stripe (Stripe Inc.): Stripe is a payment service
provided by Stripe Inc. Personal Data processed: various types of Data as
specified in the privacy policy of the service.
5.9 Tag Management
This type of service helps the Company to manage the tags
or scripts needed on Website in a centralized fashion. This results in the
Users' Data flowing through these services, potentially resulting in the
retention of this Data.
6. Your Choices.
(a) Cookies and Other Tracking Technologies. You may be
able to set your browser to reject cookies and certain other technologies by
adjusting the appropriate settings in your browser. Each browser is different,
but many common browsers have preferences that may be adjusted to allow you to
either accept or reject cookies and certain other technologies before they are
set or installed or allow you to remove or reject the use or installation of
certain technologies altogether. We recommend that you refer to the Help menu
in your browser to learn how to modify your browser settings. Please note that
you cannot remove Flash cookies simply by changing your browser settings. To
learn how you can manage your Flash cookie settings, visit the Flash player
settings page on Adobe’s website. If you disable or refuse cookies or other
tracking technologies, please note that some parts of the Services may become
inaccessible or may not function properly.
(b) Promotional Communications from the Company. If you
do not wish to have your contact information used by the Company to promote our
own or third-party products or services, you can opt out by (i) informing us of
your preference at the time you register for an account, complete an order
form, sign up for our newsletter, or complete any other form on or through the
Services which we collect your data]; (ii) modifying your user preferences in
your account profile; (iii) following the opt-out instructions in the
promotional emails we send you; or (iv) sending us an email stating your
request. Please note that if you opt out of receiving promotional
communications from us, we may still send you transactional communications,
including emails about your account or purchases.
(e) Location Information. You may be able to adjust the
settings of your device so that information about your physical location is not
sent to us or third parties by (a) disabling location services within the
device settings; or (b) denying certain websites or applications permission to
access location information by changing the relevant preferences and
permissions in your device or browser settings. Please note that your location
may be derived from your GPS, WiFi, Bluetooth, and other device settings. If
you have questions about how to disable your device’s location services, we
recommend you contact your mobile service carrier or your device manufacturer.
(f) Voice Transmissions. You may be able to adjust the
settings of your device so that your voice transmissions cannot be sent to us
or third parties by (a) disabling microphone and speech recognition services
within the device settings; or (b) denying certain websites or mobile
applications permission to access microphone and speech recognition services by
changing the relevant preferences or permissions in your device or browser
settings.
6.2 How We Respond to Do Not Track Signals.
“Do Not Track” is a privacy preference you can set in
most web browsers. When you turn on this preference, it sends a signal or
message to the websites you visit indicating that you do not wish to be
tracked. Please note that we currently do not respond to Do Not Track browser
settings.
7. Accessing and Correcting Your Information.
You may send us an email to request access to, correct,
or remove any personal information that you have provided to us. You may also
access, correct, or remove your personal information by logging into the
Website and visiting your account profile page. We cannot delete your personal
information except by also deleting your account.
We may not accommodate a request to change information if
we believe the change would violate any law or legal requirement or cause the
information to be incorrect.
If you delete your User Content from the Services or your
account, copies of your User Content may remain viewable in cached and archived
pages or might have been copied or stored by other users of the Services.
8. California Privacy Rights.
This part of the document integrates with and supplements
the information contained in the rest of the privacy policy and is provided by
the Company running Website and, if the case may be, its parent, subsidiaries
and affiliates (for the purposes of this section referred to collectively as
“we”, “us”, “our”).
The provisions contained in this section apply to all
Users who are consumers residing in the state of California, United States of
America, according to "The California Consumer Privacy Act of 2018"
(Users are referred to below, simply as “you”, “your”, “yours”), and, for such
consumers, these provisions supersede any other possibly divergent or
conflicting provisions contained in the privacy policy.
This part of the document uses the term “personal information
“as it is defined in The California Consumer Privacy Act (CCPA).
8.1 Categories of personal information collected, disclosed,
or sold.
In this section, we summarize the categories of personal
information that we've collected, disclosed, or sold and the purposes thereof.
You can read about these activities in detail in the sections titled
“Information We Collect, How We Use Your Information, and How We Share Your
Information” within this document.
(a) Information we collect: the categories of personal
information we collect. We have collected the following categories of personal
information about you: identifiers, commercial information, and internet
information. We will not collect additional categories of personal information
without notifying you.
(b) How we collect information: what are the sources of
personal information we collect? We collect the above-mentioned categories of
personal information, either directly or indirectly, from you when you use
Website. For example, you directly provide your personal information when you
submit requests via any forms on Website. You also provide personal information
indirectly when you navigate Website, as personal information about you is
automatically observed and collected. Finally, we may collect your personal
information from third parties that work with us in connection with the Service
or with the functioning of the Website and features thereof.
(c) How we use the information we collect: sharing and disclosing
your personal information with third parties for business purposes. We may
disclose the personal information we collect about you to a third party for
business purposes. In this case, we enter a written agreement with such third
party that requires the recipient to both keep the personal information
confidential and not use it for any purpose(s) other than those necessary for
the performance of the agreement. We may also disclose your personal
information to third parties when you explicitly ask or authorize us to do so, to
provide you with our Service. To find out more about the purposes of
processing, please refer to the relevant section of this document.
(d) Sales of your personal information. For our purposes,
the word “sale” means any “selling, renting, releasing, disclosing,
disseminating, making available, transferring or otherwise communicating
orally, in writing, or by electronic means, a consumer's personal information
by the business to another business or a third party, for monetary or other
valuable consideration”. This means that, for example, a sale can happen
whenever an application runs ads, or makes statistical analyses on the traffic
or views, or simply because it uses tools such as social network plugins and
the like. Your right to opt out of the sale of personal information. You have
the right to opt out of the sale of your personal information. This means that
whenever you request us to stop selling your data, we will abide by your
request. Such requests can be made freely, at any time, without submitting any
verifiable request, simply by following the instructions below.
(e) Instruction to opt out of the sales of personal
information. If you’d like to know more or exercise your right to opt out in
regard to all the sales carried out by Website, both online and offline, you
can contact us for further information using the contact details provided in
this document.
(f) What are the purposes for which we use your personal
information? We may use your personal information to allow the operational
functioning of Website and features thereof (“business purposes”). In such
cases, your personal information will be processed in a fashion necessary and
proportionate to the business purpose for which it was collected, and strictly
within the limits of compatible operational purposes. We may also use your
personal information for other reasons such as for commercial purposes (as
indicated within the section “Detailed information on the processing of
Personal Data” within this document), as well as for complying with the law and
defending our rights before the competent authorities where our rights and
interests are threatened, or we suffer an actual damage. We will not use your
personal information for different, unrelated, or incompatible purposes without
notifying you.
8.2 Your California privacy rights and how to exercise them.
California Civil Code Section 1798.83 (also known as the
"Shine the Light" law) permits consumers who are California residents
to request and obtain from us once a year, free of charge, information about
the categories of personal information (as defined in the Shine the Light law),
if any, that we disclosed in the preceding calendar year to third parties for
those third parties’ direct marketing purposes. Our disclosure requirements
apply only if we share our consumers’ personal information with third parties
for them to directly market their own products to those consumers, instead of
assisting us with our own business. If you are a California resident and would
like to make such a request, contact us as provided in the "Contact
Us" section below.
9. How We Protect Your Information.
We take reasonable precautions to secure your personal
information. We have implemented technical, physical, and administrative
security measures designed to reduce the risk of loss, misuse, unauthorized
access, disclosure, or modification of your information. We have put in place
appropriate physical, electronic, and managerial procedures to safeguard the
information we collect. All information you provide to us is stored on secure
servers behind firewalls. When you transmit highly sensitive information (such
as a credit card number) through the Services, we encrypt the transmission of
that information using Secure Sockets Layer (SSL) technology.
The safety and security of your information also depend
on you. Where we have given you (or where you have chosen) a password for
access to certain parts of the Services, you are responsible for keeping this
password confidential. We ask you not to share your password with anyone.
While we have employed security technologies and
procedures to assist in safeguarding your personal information, no system or
network can be guaranteed to be 100% secure. Unauthorized entry or use,
hardware or software failure, and other factors may compromise the security of
user information at any time. Any transmission of personal information is at
your own risk. We are not responsible for circumvention of any privacy settings
or security measures contained on the Website or any other Services.
10. Terms of Use.
If you choose to visit the Services, your visit and any dispute
over privacy are subject to this Policy and our Terms of Use, including
limitations on damages, resolution of disputes, and application of the law of
the state of Michigan.
Your Acceptance of These Terms: By using the Site, you
accept the policies and restrictions set forth in this Online Privacy Policy.
If you do not agree to this policy, please do not use the Site. This Online
Privacy Policy may be revised from time to time by updating this posting. You
are bound by any such revisions and should therefore periodically visit this
page to review the then current Online Privacy Policy to which you are bound.
Last Updated: February 1, 2024
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contained herein are presented for informational purposes only. Nothing
contained herein is intended as legal advice. The receipt or review of any
information does not create an attorney-client relationship with (Company) nor
any attorney associated with (Company). Nothing in this document is intended to
be a substitute for legal advice obtained from an attorney licensed in the
appropriate jurisdiction.