NOTE: The Website is intended for use by individuals over the age of 18, and the Company does not knowingly collect information from children under 13. If you are a parent and believe that your child under the age of 13 has used the Website and provided personally identifiable information to us through the Website, please contact us at [email protected] or the mailing address below and we will work to delete that Website account and any such personally identifiable information.
1. Effective Date; Changes.This Policy applies to all information collected by or provided to us on and after the Effective Date. When we make any material changes to this Policy, we will change the Effective Date above and will inform you by e-mail sent to the address associated with your Website account and/or through the Website the next time you login. We will treat your continued use of the Website following such notice as your acceptance of the changes.
2. Third Parties.We may offer through the Website or send to registered users links to or offers from third parties. This Policy does not apply to information that you may provide to or that may be collected by third parties. We encourage you to request such third parties to provide you with their applicable privacy policies and other terms and conditions before participating or making a purchase.
3. Collected Information Information You Submit. When you create an account with the Website, we collect the information you provide in the registration form. At a minimum, this information consists of business name, year founded, business type, price of business, cash flow and revenue, and may also include other information about your business to the extent you choose to provide it.
Information Collected When You Use the Website When you use the Website, we gather certain non personally identifiable information from you, and this information can be associated with the personally identifiable information that you provide. This includes information about your usage of the Website, including the listings you view and connect with. This also includes usage information, such as information on when, how often and for how long you use the Website, and server log data such as a device’s IP address and operating system version.
We internally use the information we maintain about you as follows:
1. Viewing and Amending Information.You can log into your Website account and view and change your user account information at any time.
2. Deleting Your Information. You may at any time delete your Website account and request that we delete from our servers all of your account information. Such requests will be honored within a reasonable time period after they have been received provided that you give us all reasonably necessary information and cooperation. Certain data may continue to be stored in our backup systems until regularly scheduled deletions occur. All such requests should be sent to [email protected].
3.Choices Regarding Third Party Offers. To the extent we send you commercial e-mails regarding third party marketing or promotional materials, we will give you the ability to opt-out of receiving such e-mails in accordance with applicable law. We will not provide your personally identifiable information to third parties for their own marketing purposes without your consent.
4.Security.The personally identifiable information we collect about you is stored in limited access servers. We will maintain reasonable safeguards to protect the security of these servers and your personally identifiable information. However, no security measures are 100% effective and we cannot guarantee the security of your personally identifiable information.
5. Transfer As Corporate Asset. In the event of a merger, sale of capital stock or assets, reorganization, consolidation or similar transaction involving Company, the information we possess (including personally identifiable information) shall be transferred as a corporate asset to the acquiring entity, provided that such entity will continue to handle such information in accordance with this Policy.
6. Transfer to the U.S. or other Countries. The Company may use facilities in the United States. Your information may be stored and processed in the United States or other countries where Company has facilities. By using the Website, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards.
7. Contacting Us. If you have any questions about this Policy, please contact us at [email protected].
2. Ownership; Proprietary Rights. As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Site, the software and technology used by the Company to provide Site features and functionality and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except for as may be expressly set forth herein, you agree not to reverse engineer, decompile, disassemble, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. The Company reserves the right to modify or discontinue the Site or any version(s) thereof at any time in its sole discretion, with or without notice.
3. Third Party Sites.The Site may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
4. Your Media.The Site may allow you to submit or post content (such as reviews) that may be viewable to other Site users (“Media”). You shall retain all of your ownership rights in your Media. You hereby grant the Company a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, display, transmit and prepare derivative works of your Media, and to additionally distribute and publicly perform Media in connection with the Site and the Company’s (and its successor’s) business, in any media formats and through any media channels. In connection with your Media, you agree that you will not: (i) use material that is subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) use material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, violate any law or is otherwise inSiteropriate; or (iii) post advertisements or marketing content or solicitations of business, or any content of a commercial nature. The Company reserves the right remove any Media at any time in its sole discretion. You hereby acknowledge that you may be exposed to Media from other users that is inaccurate, offensive, obscene, indecent, or objectionable when using the Site, and further acknowledge that the Company does not control the Media posted by Site users and does not have any obligation to monitor such content for any purpose.
5. Prohibited Uses. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement, or would cause a breach of any Sitelicable agreements with third parties to which you are bound (such as, by way of example, your agreement with your wireless data services carrier). You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. In addition, you agree not to use false or misleading information in connection with your user account, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). By using the Site, you represent and warrant that: (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
6. Termination.If you want your account deleted, you may delete it at anytime from your profile or send us a request for deletion of your account information to [email protected]. Such requests will be honored within a reasonable time period after they have been received provided that you give us all reasonably necessary information and cooperation. Certain data may continue to be stored in our backup systems until regularly scheduled deletions occur. In addition, you acknowledge that Media you have provided which is not directly associated with your user profile (such as Media relating to Merchants), as determined by the Company, will not be deleted. You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Site. You agree that any termination of your use of the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you or any third-party for any such termination. Sections 3-19 will survive any termination of this Agreement.
1. Disclaimers; No Warranties. the Site And Any Media, Information Or Other Materials Made Available In Conjunction With Or Through The Site Are Provided “as Is” And Without Warranties Of Any Kind Either Express Or Implied. To The Fullest Extent Permissible Pursuant To Applicable Law, The Company, And Its Licensors And Partners, Disclaim All Warranties, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability, Fitness For A Particular Purpose, And Non-infringement Of Proprietary Rights. The Company And Its Licensors And Partners Do Not Warrant That The Features And Functionality Of The Site Will Be Uninterrupted Or Error-free, That Defects Will Be Corrected, Or That The Site Or The Servers That Make Available The Features And Functionality Thereof Are Free Of Viruses Or Other Harmful Components. Certain State Laws Do Not Allow Limitations On Implied Warranties. If These Laws Sitely To You, Some Or All Of The Foregoing Disclaimers, Exclusions, Or Limitations May Not Apply To You, And You Might Have Additional Rights.
2. Indemnification; Hold Harmless. You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Site, purchase of any Products or any other transactions or interactions with Merchants, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
3. Limitation of Liability and Damages. under no circumstances, including, but not limited to, negligence, shall the company or its affiliates, contractors, employees, agents, or third party partners or suppliers, be liable to you for any special, indirect, incidental, consequential, or exemplary damages that result from the site, including your use thereof, or any other interactions with the company, even if the company or a company authorized representative has been advised of the possibility of such damages. in no event shall the company’s or its affiliates, contractors, employees, agents, or third party partners or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not sitely to you, in which case, the company’s liability will be limited to the extent permitted by law.
4. Arbitration.Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from seeking remedies in small claims court of competent jurisdiction.
5. Class Action Waiver.You agree that anY CLAIMS subject to arbitration under section 16 MUST BE MADE IN YOUR INdividual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
6. Claims.You and the company agree that any cause of action arising out of or related to this agreement or the site must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
7. Miscellaneous.The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Site user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from the Company electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site that is not subject to arbitration under Section 16 shall be filed only in the state or federal courts in San Francisco, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.
8. Contact Information.The Site is provided by Glider Skirt Inc. If you have any questions, complaints or claims with respect to the Site, you may contact us as follows:
20. California Residents. If you are a California resident, please be aware that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 928-1227.