LAST MODIFIED: 10/7/2022
BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMER OF WARRANTIES, LIMITATIONS ON LIABILITY, BINDING, INDIVIDUAL ARBITRATION, AND WAIVER OF JURY TRIAL. Any new or additional features, tools, services, or content that are added to the Services will also be subject to these Terms.
The Services are only available to users who can form legally binding contracts under applicable law. By accessing or using the Services, you represent that you are at least eighteen (18) years of age, or over the age of majority in the state or country where you are a resident or citizen.
Access to and use of certain functionalities of the Services require you to register for a user account (“Account”) with us. If you decide to register an Account with us, you will create a user ID and password to access your Account. You agree to provide us with accurate, complete, and current information about yourself during Account registration and at all other times, and you agree to update all information provided to us or requested by us as soon as such information changes and before you make any purchase related to the Services. You agree to keep your log-in information confidential and to not authorize any third party to use your Account. We will not be liable for any loss or damage that results from the unauthorized use of your Account, either with or without your knowledge. You are fully responsible for your failure to safeguard information or for permitting any other person to access or use the Services via your Account, and you agree that we may attribute all use of your Account to you. You agree to notify us immediately using the contact information provided in Section 21 if you suspect any unauthorized use of your Account or any other breach of security. You may not sell or otherwise transfer your Account. We have the right to cancel or suspend your registration for any reason at any time in our sole discretion.
3.1 Pricing. All prices, discounts, and promotions posted on the Contract2Close website are subject to change without notice. The price charged for the Services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges related to any purchases. All such taxes and charges will be added to your Services total, and will be itemized in your purchase order and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such errors, inaccuracies, or omissions.
3.2 Special promotions. We may offer from time to time promotions on our website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
3.3 Payment. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We use Stripe, Inc. as our payment processor for all purchases. You represent and warrant that (i) the credit card information you supply to us or Stripe, Inc. is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you, including all applicable taxes, if any, regardless of the amount quoted on the Contract2Close website at the time of your order.
3.4 Subscription terms. Subject to C2C Solutions’ rights under Section 18.2 of these Terms, if you have signed up for a monthly or annual subscription, your subscription will continue until you cancel and your subscription will automatically renew at the end of each applicable period. You may cancel at any time and cancellation will be effective immediately. When your subscription automatically renews, we will charge the then-applicable subscription rate posted on the Contract2Close website to your credit or debit card or payment account through a third party, such as Stripe, Inc.
4.1 Modifications to Services. C2C Solutions may at any time and from time to time, and without notice or liability, (i) revise, supplement, suspend, or discontinue, temporarily or permanently, the Services or any information, materials, and other content available through, or generated by or through use of, the Services (collectively, the “Content”) (or any part thereof), (ii) terminate all licenses granted in these Terms, or (iii) change the Services or Content.
4.2 Updates; Upgrades. C2C Solutions has no obligation to provide any updates or upgrades to the Services, but in the event that it does, such updates, upgrades, and any documentation will be deemed part of the Services, and will be subject to these Terms. C2C Solutions may from time to time in its sole discretion and without prior notice to you modify, correct, improve, or discontinue offering the Services or any functionality available through the Services, including Content.
Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services, and to access, use, view, and print any Content for your personal, internal business, or commercial use. Except for the limited rights set forth in this Section, you may not copy, sell, rent, lease, distribute, modify, publicly perform, publicly display, transfer, create derivative works of, or sublicense the Services or Content. When using the Services, you must not:
Any scraping, automated access, or other unauthorized access to, and storage of, Services or Content will result in immediate termination of your access to the Services, Content, and your Account. Use of the Services or Content for any purpose other than what is described in this Section is prohibited.
The Services and Content are protected by copyright, trademark, patent, and other intellectual property and proprietary right laws. All title, ownership rights, and intellectual property rights in and to the Content and Services are solely and exclusively owned by us or our licensors. All rights are reserved. The Services and Content may contain certain licensed materials, and our licensors may protect their rights in the event of any violation of these Terms.
All trademarks, service marks, logos, trade names, and any other proprietary designations of C2C Solutions used herein are trademarks or registered trademarks of C2C Solutions or our affiliates. You may not use any of our trademarks, logos, or trade dress in connection with any product or service that is not owned or provided by us, in any manner without express prior written consent from C2C Solutions.
You may be able to post, submit, publish, or display content or data, or transmit content or data from your Account (hereinafter, “post”) on the Services (collectively, “User Contributions”). You are solely responsible for the User Contributions that you post via the Services, including its legality, reliability, accuracy, and appropriateness. C2C Solutions is not responsible or liable for the content or accuracy of any User Contributions posted by you or any other member of the Services.
You are also solely responsible for designating the third parties with whom User Contributions are shared on the Services. In using the Services to share or otherwise transfer information with third parties, you grant C2C Solutions all permissions and rights needed to do so.
By posting User Contributions to the Services, you represent and warrant that you have the necessary consent for posting such User Contributions, and you automatically grant to C2C Solutions, and represent and warrant that you have the right to so grant, an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
C2C Solutions is not obligated to review, monitor, delete, or edit postings. However, C2C Solutions reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting that is objectionable, offensive, illegal, or in violation of these Terms, with or without notice, permission, or consent. You agree that you have no recourse against C2C Solutions if we refuse to post, or if we delete or refuse to delete, any post by you or other Services’ users.
The content standards set out below apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you agree that you will not:
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Services, terminating the Account of such violators, terminating these Terms, or taking further legal action.
By submitting any ideas, feedback, or suggestions (“Feedback”) to us through the Services or other means, you acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information of you or any third party; (ii) we are not under any obligations of confidentiality with respect to the Feedback; (iii) we may freely use, reproduce, distribute, and otherwise exploit the Feedback for any purpose; and (iv) you are not entitled to any compensation of any kind from us.
C2C Solutions will respond to notices of alleged copyright infringement that comply with applicable law. Although User Contributions are not published outside of the Services, if you believe any User Contributions on the Services infringe your copyright or the copyright of another party on whose behalf you are authorized to act, you may request removal of those materials from the Services by submitting written notification to our copyright agent designated below, with the subject line: “Copyright Infringement/DMCA Notice.” In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated copyright agent to receive DMCA Notices is:
c/o Stetina Brunda Garred & Brucker
Aliso Viejo, CA 92656
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright or the copyright of a third party on whose behalf you are acting, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the Accounts of users who are repeat infringers.
The Services may also link to other websites and services (“Linked Services”). Linked Services are not under the control of C2C Solutions and C2C Solutions is not responsible for Linked Services, or for any information or materials on, or any form of transmission received from, any Linked Service. The inclusion of a link does not imply endorsement by C2C Solutions of the Linked Services or any association with the operators of the Linked Services. C2C Solutions does not investigate, verify or monitor the Linked Services. C2C Solutions provides links to Linked Services for your convenience only. You access Linked Services at your own risk.
Please refer to our Privacy Notice, which describes our practices and policies related to the collection, use, and storage of information about users of the Services. You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information. You expressly consent to the use and disclosure of your personal information and other data and information as may be defined and described in the Privacy Notice.
You will have the opportunity to refer friends and family to the Services. You must only refer individuals who give you permission to share their personal information. The collection, use, and storage of the personal information of referred parties are also subject to the practices and policies described in our Privacy Notice.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE Services AND Content ARE PROVIDED “AS IS” WITHOUT WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. C2C Solutions MAKES NO REPRESENTATIONS, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES OR CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY C2C SOLUTIONS OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. THE SERVICES AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT OR ANY OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICES DOes NOT CONSTITUTE ADVICE OF ANY KIND, SHOULD NOT BE RELIED UPON IN ANY WAY, and C2C SOLUTIONS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY ORIGINAL WORK CREATED THROUGH USE OF THE SERVICES OR CONTENT. C2C Solutions IS NOT LIABLE FOR ANY OMISSIONS OR ERRORS OF THE SERVICES OR CONTENT. UNDER NO CIRCUMSTANCES WILL C2C Solutions BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU OR A THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL C2C Solutions OR ANY OF ITS AFFILIATES, LICENSORS, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SERVICE PROVIDERS, ATTORNEYS, SUCCESSORS OR SUPPLIERS (COLLECTIVELY, the “C2C Solutions Parties”) BE LIABLE UNDER, OR IN CONNECTION WITH, THESE TERMS OR THEIR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (I) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR LOSS OF DATA; OR (II) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.
IN NO EVENT WILL C2C Solutions’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT IN THE AGGREGATE THAT EXCEED THE FEES YOU PAID TO C2C SOLUTIONS DURING THE SIX (6) MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ATION ACCRUES (PROVIDED THAT, IF NO FEES ARE PAID, SUCH AMOUNTS WILL BE LIMITED TO One HUNDRED AND FIFTY U.S. DOLLARS ($150). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY AS SPECIFIED HERE AND, TO THE LEAST EXTENT AS ALLOWED BY LAW, SUCH EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
15.1 Generally. You will fully indemnify, defend, and hold harmless C2C Solutions against claims brought against C2C Solutions by any third party related to your use of the Services, use or creation of Content, or User Contributions (including any Content or User Contributions that infringes upon the rights of any third party or otherwise violates any laws or regulations). You will indemnify C2C Solutions against all damages finally awarded against C2C Solutions (or the amount of any settlement you enter into) with respect to these claims, and for any costs and expenses, including reasonable attorneys’ fees.
These Terms will be governed by and construed in accordance with the laws of the state of Arizona, USA, without giving effect to its conflict of laws’ provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You and C2C Solutions each agree to exclusive jurisdiction and venue in the state and federal courts located in Pima County, Arizona, USA. For any dispute or claim you may have arising out of or relating to the Services, Content, or these Terms, you and C2C Solutions will each give the other the opportunity to resolve it by sending the other a written description of the dispute or claim, along with contact information, relevant documents, supporting information, and the proposed resolution. Notice to C2C Solutions will be sent to the contact information provided in Section 21 (Contact Information). C2C Solutions will notify you in writing at the email or mailing address that you provide to us in your notice to us or in your Account profile information. If we are not able to resolve the dispute after thirty (30) days, you agree that the dispute will be resolved by binding, individual arbitration under the American Arbitration Association’s Rules for Arbitration of Consumer-Related Disputes. Such arbitration will be governed by the Federal Arbitration Act. In the event that the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of the original case filing, then either party may elect to have the arbitration administered by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF SERVICE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING.
In no way does the above limit C2C Solutions’ ability to seek injunctive relief when we reasonably believe that such action is necessary to preserve C2C Solutions’ rights, interests, or the safety of our users. By example only, we could seek injunctive relief for breaches of Sections 5-7 of this agreement.
Notwithstanding any provision to the contrary, if for any reason, any claim or cause of action, or any proceeding or other litigation of any type brought by a party against the other party, based upon, arising out of, or related to the Services, Content, or these Terms, whether with respect to contract claims, tort claims, or otherwise, proceeds in federal or state court, the parties hereby waive their respective rights to a trial by jury. This waiver applies to any subsequent amendments, renewals, supplements, or modifications to these Terms.
Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other cause outside the reasonable control of the obligated party (excluding financial). Both parties will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either party may cancel unperformed services upon written notice. This section does not excuse either party's obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to pay for the Services.
We reserve the right to modify these Terms and will notify you of material modifications, such as by posting updated Terms on the Services, sending you an email to your account email, or by other reasonable means Your continued use of the Services after notice of modified Terms will constitute acceptance of an agreement to such modified Terms.
18. Your Right to Terminate. Subject to the terms described herein, you have the right to terminate these Terms at any time upon written notice to C2C Solutions. In the event that you terminate these Terms, we will discontinue your access to our Services and all amounts owed for use of the Services will be due.
18.2 C2C Solutions’ Right to Terminate. C2C Solutions may suspend or terminate your access to the Services, or terminate these Terms, at any time without notice in its sole and absolute discretion for any reason including, without limitation, upon the occurrence of any one of the events: (i) improper use of the Services, or Content; (ii) the information provided by you in order to open an Account or access the Services is found to be untruthful or inaccurate; (iii) posting User Contributions in violation of Section 7 (User Generated Content); (iv) failure to pay undisputed amounts due and owing under these Terms; (v) taking any other action which adversely affects the Services or C2C Solutions; or (vi) any other violation of these Terms or our Privacy Notice.
18.3 Survival. Termination will not limit any of C2C Solutions’ other rights or remedies. Sections 6 (Ownership and Intellectual Property), Section 8 (User Feedback), Section 13 (Disclaimer of Warranties), Section 14 (Limitation of Liability and Exclusion of Certain Damages), Section 16 (Governing Law; Dispute Resolution), Section 20 (General Terms), and any other provision that, by its nature, is intended to survive termination shall survive termination of these Terms.
Please be aware that we are headquartered in the United States and that the Services and Content are governed by United States law. If you are using the Services or accessing the Content from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located.
C2C Solutions makes no representation that the Services or Content are appropriate or available for use in locations outside of the United States, and access to the Services or Content from territories where such Services or Content is illegal is prohibited. Those who choose to access the Services and Content from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or Content in violation of United States export laws and regulations.
If you use the Services or access the Content outside of the United States you, (i) consent to the transfer, storage, and processing of your information to and in the United States; (ii) will not access or use the Services or Content if you are on the United States Treasury Department’s “Specially Designated Nationals and Blocked Persons List,” or are located in a country embargoed by the United States; and (iii) agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject C2C Solutions to any registration requirement within such jurisdiction or country.
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect. You and C2C Solutions intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and C2C Solutions agree that if any provision of these Terms is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are for convenience only and have no legal or contractual significance. C2C Solutions may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense any rights or delegate any duties hereunder. C2C Solutions’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on C2C Solutions if it is in a written document signed by C2C Solutions. Both you and C2C Solutions warrant to each other that, in entering these Terms, neither C2C Solutions nor you have relied on, or will have any right or remedy based upon, any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and C2C Solutions, or C2C Solutions’ successors and permitted assigns, will have any right to enforce any of these Terms.
If you have any questions, please contact C2C Solutions at:
LAST MODIFIED: 10/7/2022
This privacy notice (“Privacy Notice”) describes the privacy practices that C2C Solutions, Inc. (“C2C” or “us” or “we”) follows when collecting and using information about you on our website (www.contract2close.com), C2C’s mobile applications, and any other channel or mobile feature that we operate (collectively, the “Site”). We ask that you please read this Privacy Notice before using the Site. It describes what information we gather from you and others who visit or use the Site, how we use that information, and what we do to protect it. When you access or use the Site, certain information, including your Personal Information (as defined below), may be collected, transferred, processed, stored, and in certain circumstances, disclosed as described in this Privacy Notice.
BY CREATING AN ACCOUNT ON OUR SITE OR OTHERWISE PROVIDING US WITH YOUR OR OTHERS’ PERSONAL INFORMATION, YOU EXPRESSLY CONSENT TO THE INFORMATION HANDLING PRACTICES DESCRIBED IN THIS PRIVACY NOTICE AND YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE PERMISSION TO PROVIDE US WITH ALL PERSONAL INFORMATION PROVIDED. IF YOU DO NOT AGREE WITH THIS PRIVACY NOTICE OR OUR TERMS, PLEASE DO NOT ACCESS, USE, OR REGISTER FOR AN ACCOUNT ON, THE SITE.
We collect data to provide the products and services you request on the Site, ease your navigation on the Site, communicate with you, and improve your experience using the Site. Some of this information is provided by you directly to us, such as when you create an account. Some of the information is collected through your interactions with the Site or third-party websites and applications. We collect such data using technologies like Cookies (as defined below) and other tracking technologies, error reports, and usage data collected when you interact with our Site.
The following table summarizes the categories of personal information we have collected and/or disclosed for a business purpose in the past twelve months:
|A. Identifiers||A real name, Internet Protocol address, e-mail address, or other similar identifiers||Yes|
|B. Personal Information listed under Cal. Civ. Code §1798.80(e)||A name, telephone number, e-mail address, job title, organizational affiliation.||Yes|
|C. Protected classification characteristics under California or Federal law||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, or medical.||No|
|D. Commercial information||Your preferences regarding marketing communications.||Yes|
|E. Biometric information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||No|
|F. Internet or other similar network activity||Browsing history, search history, information on interactions with a website, application, online content or advertisement.||Yes|
|G. Geolocation data||Physical location from your device or rough location generated based on IP address.||Yes|
|H. Sensory data||Audio, electronic, visual, thermal, olfactory, or similar information.||No|
|I. Professional or employment-related information||Job Title and employer information||Yes|
|J. Non-public education information||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||No|
|K. Inferences drawn from other personal information||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, abilities, and aptitudes.||No|
In more detail, the data we collect depends on the products, services, and features of the Site that you use, and includes the following:
In general, we collect any information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer (“Personal Information”) that you submit to us in the process of creating or editing your account and user profile on the Site or that you submit to us voluntarily through your use of the Site.
We may also collect Personal Information from third parties, such as Payment Processors, product vendors, and other partners. Our collection of this information allows us to provide you with our products and services, establish, maintain and support your user account on the Site, and communicate with you in accordance with our Terms.
Similar to other websites, we use tracking technologies to automatically collect certain technical information from your web browser, mobile, or other device when you visit the Site. This data may include, but is not limited to, your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of your visits. Our collection of this data, described in more detail below, allows us to provide more personalized high-quality services to you and to track usage of the Site.
A. Cookies. We automatically derive and collect certain data based on your interactions with us on the Site using cookies and similar technologies (collectively, “Cookies”). Our collection of data through Cookies includes information about your browser and Site usage patterns, which may include your IP address, browser type, browser language, referring/exit pages and URLs, pages viewed, links clicked, whether you opened an email, and information about the device you use to access the Site. Our collection of this information allows us to improve your user experience in various ways, such as to personalize our display of the Site to you, to “remember” whether or not you are signed in, and to provide better technical support to you. Please note: If you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the Site may not operate properly, and you may not have access to certain services or parts of the Site. We will not be liable for any interruption in, or inability to use, the Site or our services, or degraded functioning thereof, where such are caused by your settings and choices regarding Cookies.
B. Pixels (aka web beacons/web bugs/java script). We may use Pixels to automatically record certain technical information about your interactions with us when you visit the Site or otherwise engage with us, to help deliver Cookies on our Site, or count users who have visited the Site or used our services. We may also include web beacons in our promotional e-mail messages or newsletters to determine whether you open or act on them for statistical purposes. “Pixels” are tiny graphics (about the size of a period at the end of a sentence) with unique identifiers used to track certain online actions, movements and related information of Site users. Unlike Cookies, which are stored on a user’s computer hard drive, Pixels are embedded invisibly on web pages or in HTML-based emails. The data we receive through Pixels allows us to effectively promote the Site to various populations of users, and to optimize external advertisements about the Site that appear on third-party websites.
We may collect precise geolocation data from you or your device, as well as your address information, e.g., shipping and billing address, when you set up your account and order our products or services. We also collect and use information about your general location (e.g., your state of residence) and can infer your approximate location based on your IP address in order to track our general Site usage or to tailor any pertinent aspects of your user experience to the region where you are located.
We may use or disclose the Personal Information identified above for one or more of the following business purposes (“Business Purpose”):
When you create an account with us and provide us with your email we may, subject to applicable law, use your email address to send you Site-related notices (including any notices required by law, in lieu of communication by postal mail), updates, news, and marketing messages. For example, when you register, you will receive a welcome email. If the Site or our services are temporarily unavailable, we may also send you an email.
Email communications you receive from us will generally provide an unsubscribe link or instructions allowing you to opt out of receiving future emails or to change your contact preferences. If you have an account with us, you can also change your contact preferences by updating your contact information within your account settings. Please remember that even if you opt out of receiving marketing e-mails, we may still send you important service information related to your account and the Site. If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses.
We may use non-personally identifiable information, such as anonymized and/or aggregated Site usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Site, including to develop new features, functionality, and services, to conduct internal research, to better understand Site usage patterns, to resolve disputes, to troubleshoot problems, to fulfill user requests, or for security and compliance purposes. Any non-personally identifiable information that is combined with Personal Information will be treated by us as Personal Information.
If you purchase or pay for products or services via the Site, the transaction may be handled by our service providers or third-party vendor(s) responsible for processing your payment (“Payment Processors”). These entities have their own privacy policies and those terms will apply to you. Please be sure to review them at the links provided during payment processing.
When we disclose Personal Information for a Business Purpose, we enter into a contract that describes the purpose and requires the recipient to keep that Personal Information confidential and use only for performance of the contract, and not for any other purpose. We will not sell your information, including any Personal Information to any third party, but we may share it with third parties in the circumstances described below.
We disclose Personal Information for the Business Purposes more fully described in Section 3 and to the following categories of third parties:
We reserve the right to disclose all information collected via the Site, internally, to affiliates, or to third parties, for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion, we may disclose information to government regulators, law enforcement authorities, or alleged victims of identity theft. We will notify you in the event of a government or legal request for your information unless otherwise prohibited by law.
If we should ever transfer or restructure the operational ownership of the Site, such as through a merger with another entity or a reorganization of all or a part of our operational responsibilities or assets, we may disclose, transfer, assign our rights, and/or delegate our duties to your information without notice and consent, including to prospective or actual recipients or acquiring entities. Should this occur, we will require any third party receiving your Personal Information as described under this subsection to be contractually required to provide the same level of privacy compliance as provided by us under this Privacy Notice.
We cannot ensure that all of your Personal Information will be disclosed only in the ways described in this Privacy Notice. For example, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your Personal Information that they collect from the Site. Even with the most rigorous information security standards, no transmission of data over the internet can be 100% secure.
You can choose not to provide Personal Information. You may always decline to provide your Personal Information to us. Registering for an account is not required to access some of our online content. If you decide to register, you can choose to provide information that does not reasonably identify you to others by selecting a username that is not related to your actual name. You can also decline to provide any optional information in your account. If you choose not to provide certain Personal Information to us, some of your experiences may be affected (for example, we cannot send you our newsletter if you do not provide your email address).
We use your Personal Information as needed for the purposes for which it was collected or where you have consented to our use of such information. If you do not wish to provide information to us or do not wish to consent to the uses described in this Privacy Notice, please do not use the Site, set up an account, or supply the requested information to us.
Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have the user’s online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about that browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operations, including the Site, do not respond to DNT signals.
We do not review for accuracy or update your information regularly, but encourage you to access, review and update your Personal Information at any time. To request a copy of your Personal Information and data or for assistance regarding canceling your account, contact us at firstname.lastname@example.org or by calling us at 520.771.2455. We will respond to your request as soon as reasonably possible after verifying your authority to make such requests.
We use certain physical, managerial, and technical safeguards designed to preserve the security of your information that we maintain in connection with your use of the Site. For example, we encrypt all data with secure sockets layer (SSL) or similar technologies when we transmit your data. This, however, does not guarantee that your information may not be accessed, disclosed, altered, or destroyed by any breach of our physical, technical or managerial safeguards. In the event that any of your Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and will notify you, as appropriate, in accordance with pertinent laws and regulations.
We or our third-party hosting providers store Personal Information in operating environments that are safeguarded against public or unauthorized access and protected from internal access with physical and technical security measures. While these measures are helpful to safeguard your Personal Information after we receive it, no transmission of data over the internet is 100% secure.
Please be aware that we are headquartered in the United States. The Site is governed by United States law. If you are using any of our products or services from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers may be located. The United States might not offer the same level of privacy protection as the country where you reside or are a citizen. BY USING THE SITE, COMMUNICATING WITH US VIA MAIL, EMAIL OR TELEPHONE, OR OTHERWISE PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO, AND PROCESSING OF, YOUR INFORMATION IN THE UNITED STATES.
Residents of the European Economic Area (“EEA”) may be entitled to rights under the GDPR. If you qualify, these rights are summarized below.
You may exercise these rights free of charge. These rights will be exercisable subject to limitations as provided for by the GDPR. Any requests to exercise the above-listed rights may be made to: email@example.com. If you are an EEA resident, you have the right to lodge a complaint with a Data Protection Authority about how we process your Personal Information at the following website: https://edpb.europa.eu/about-edpb/board/members_en.
If you are a California resident, you have certain privacy rights under California law, including the California Consumer Privacy Act of 2018 (“CCPA”). As relevant to this Site, these are: (1) the right to know what personal information is collected, disclosed or sold; (2) the right to request deletion of personal information; (3) the right to non-discrimination.
Right to Request Deletion. You have the right to request that we delete any personal information, unless an exception applies such as when we need to keep data to meet legal obligations, fix security flaws, or investigate Terms of Service violations. When we receive a verified request, we will delete your personal information and will direct our service providers to do so as well. To submit a request for deletion, you may call us at 520.771.2455, or e-mail us at firstname.lastname@example.org.
Right to Non-Discrimination. We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not deny you our services, charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties, provide you a different level or quality of services, or suggest that you may receive a different price or rate for services or a different level or quality of services.
California Civil Code § 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed Personal Information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to email@example.com.
While the Site is not intended for anyone under the age of 18, if you are a California resident who is under age 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at firstname.lastname@example.org. When requesting removal, you must specify the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you do not follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Removal of your information from the Site does not ensure complete or comprehensive removal of that information from our systems or the systems of our service providers. We are not required to delete information posted by you; our obligations under California law are satisfied so long as we anonymize the information or render it invisible to other users and the public.
Because our privacy practices and privacy law necessarily evolve over time, we reserve the right to revise this Privacy Notice from time to time in our sole discretion, upon notice to you such as by posting updated Privacy Notice on the Site, sending you an email to your account email, or by any other reasonable means. You should periodically review this Privacy Notice to ensure that you are familiar with the most current version. Your continued use of the Site after the Effective Date posted above will constitute your acceptance of the updated Privacy Notice.
If you have any questions or comments about this Privacy Notice, the ways in which we collect and use your information described in this Privacy Notice, your choices and rights regarding such use, or wish to exercise your rights under California law in Section 10 and Section 11, please do not hesitate to contact us at:
12112 N. Rancho Vistoso Blvd.
Oro Valley, AZ 85755