TECHIE YOUTH CORP. (the "Organization," "we," "our," or "us"), is committed to safeguarding and handling your Personal Information in a responsible and secure manner.
TABLE OF CONTENTS
1. Information We Collect Through Your Use of the Services
2. How We Use Your Information
3. How We Share Your Information
4. Your Choices
5. Third-Party Services
7. Children's Privacy
8. Cookies and Similar Tracking Technologies
9. Users from Outside the United States & No Rights to Third Parties
10. Notice to Individuals in the European Economic Area and Switzerland
11. Do Not Track Signals
12. Changes to Policy
13. Contact the Site
1. INFORMATION WE COLLECT THROUGH YOUR USE OF THE SERVICES
"Personal Information" is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you are accessing or using our Services, including:
(a) Information You Provide to Us.
In connection with the Services, we may ask you to provide these categories of Personal Information:
- Account Information: Information you provide about yourself to access our Services, including, but not limited to, your name, email address, phone number, mailing address, password, and, if applicable, your parent or guardian contact information, so that we may communicate with you and provide you with the Services. We do not request nor do we ask for you to disclose sensitive information to use such as religious denomination, race, ethnicity, philosophical beliefs, or physical or mental health information.
- Self-Reported Information: Information you provide about yourself, as well as records and copies of such correspondence, should you contact us.
- Donation Information: If and when you make a donation order through our Services, you will need to provide us with your name and contact information. A third-party service provider stores and processes this information securely and only for the purposes of making an order through our Services.
- Voluntary Information: Information you provide to us voluntarily by filling in forms on our Website, subscribing to certain offerings on the Website (such as mailing lists, etc.), contacting us, or posting material. We may also ask you for Personal Information if you report a problem with the Website.
- User Contributions: Information you may provide that is to be published or displayed on (i) public areas of the Website, (ii) websites you access through the Website, or (iii) transmitted to other users of the Website or third parties. Your User Contributions are posted and transmitted to others at your own risk. We cannot control the actions of other users or third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will be shielded from unauthorized persons.
Please keep in mind that if you disclose Personal Information in a public manner whether through collaborative postings, message boards or other public online forums, this information may be collected and used by others. We do not monitor or collect information you disclose inside online public forums, nor do we accept any liability associated with your voluntary disclosure of same.
We also collect certain statistics and non-Personal Information concerning the Account Information, Self-Reported Information, Voluntary Information, and User Contributions of you and our other users. We use this information to better understand our users and improve upon the Website. We may also share this information as discussed below.
(b) Usage Information Automatically Collected.
When you visit the Website or access and use the Services, we automatically collect information about the Services you use and how you use them ("Usage Information"), as described below:
- Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.
- Log Data: We automatically collect log information when you use the Services. This might include information about your computer, mobile, and internet connection, including the mobile devices' unique device identifier, IP address, click activity, operating system, browser type, mobile network information, the mobile device's telephone number, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you've viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account. This information may also be used to gather and aggregate broad demographic information and profile data. If you do not want us to collect this information you should cease use of the Website.
- Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the Cookies and Similar Tracking Technologies section below for more information.
(c) Information from Third Parties
By using the Website to access or connect to a social network or other third-party platform or service (e.g., Facebook, Twitter), you authorize us to collect, store, and use any and all information in the same manner and to the same extent that you agreed the social network or third-party platform could collect, store, or use the information. Once the Personal Information has been transferred to the Website from a third party, you may or may not be able to rescind or remove the information.
2. HOW WE USE YOUR INFORMATION
Your Personal Information may be used for various purposes, including:
(a) To Provide You with the Website.
When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services, including developing personalized curricula and lesson plans, and customizing certain content and materials on the Website.
We cannot provide you with our Services without such processing of your Personal Information.
(b) To Communicate with You.
If you sign up for our Services, you will receive Service-related communications. Our Service-related communications are messages related to your account, program information, surveys, student support, donation information, Policy changes, or other Service-related notifications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, Service-related communications, as well as security and legal notices, are necessary for us to continue to provide our Services to you.
(c) To Enforce our Terms, Agreements, or Policies.
To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.
(d) For Research and Development.
We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services.. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.
(e) To Comply with Applicable Laws.
We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government investigation) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Organization's Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Organization, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.
3. HOW WE SHARE YOUR INFORMATION
We may share your Personal Information we collect and you provide as discussed below:
(a) Disclosure to Our Service Providers.
We may disclose data, including Personal Information, that we collect or you provide as described in this Policy, to service providers we use in connection with the Services, such as:
- To process and store data, including Personal Information;
- To aid in the maintenance of the Website and Services;
- For auditing purposes;
- To process donations on the Website;
- To track, analyze, and modify our Services;
- To aid in marketing, advertising, and distribution efforts;
- To assist us in providing you with customer support; and
- To support our IT and security efforts.
These and other service providers to which we give your Personal Information will have access to your information as reasonably necessary to perform these tasks on our behalf and are obligated not to disclose nor use it for other purposes.
Google Analytics. Google Analytics is an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.
(b) Merger, Bankruptcy, or Corporate Reorganization.
We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of the Organization or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or reorganization.
(c) Legal Obligations and Safety.
We may share your Personal Information if it is reasonably necessary to:
- Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);
- Comply with requests or investigations by public authorities;
- Comply with applicable laws or regulations;
- Enforce or apply the Organization's policies or policies of our partners;
- Protect the security or integrity of the Services; or
- Protect or defend the rights, property, or safety of the Organization, our employees, users, partners, and affiliates, or other natural persons.
(d) For any other Purpose, with your Consent.
We may disclose your Personal Information that we collect or you provide on your behalf or at your request. This includes disclosing your Personal Information in circumstances with other users of the Website; for example, your name will be shared on your profile with other users of the Website. Such disclosures will only occur with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at if you would like to withdraw your consent.
4. YOUR CHOICES
For Personal Information that we have about you, you have the following choices:
(a) Your Account.
You may edit some of your Personal Information through your account or ask us to change, update, or fix your Personal Information in certain cases, including if it's inaccurate. When you update your account information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies, and agreements. Additionally, please note that by removing some of your data, your ability to use certain functionality of the Website may be limited. Further, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to certain Services.
(b) Self-Reported and Voluntary Information.
You may choose not to provide us with some of your Personal Information. In some instances, you may be able to edit your answers to forms, surveys or features you submit to us. If you cannot find the information you are looking for in your account, please contact us with your request.
(c) Communication Preferences.
If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.
To make these or any other requests with respect to your Personal Information, you may email us at . We ask that individuals making requests identify themselves and identify the information requested to be accessed, corrected, or removed before we process any requests. We may decline to process requests if we cannot verify the requestor's identity, if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or for a similar purpose. In any case, where we provide information access, deletion, or correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
If you choose to close your account or ask that we modify or delete some or all of your Personal Information, we will retain your personal data if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce obligations or fulfill any other requests from you (for example, to opt-out of further messages or for a copy of your data).
5. THIRD-PARTY SERVICES
You may find links to other websites, third party applications, and widgets on our Services that we do not own nor control. When you click on links on our Services, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements and policies. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Policy or our Website's Terms of Service. Websites containing co-branding (referencing our name and a third party's name) contain content delivered by the third party and not us.
We take reasonable precautions and implement industry standard security safeguards designed to protect your Personal Information, in order to ensure that it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. These include using encryption for your data while it is being transmitted between your device or browser and our servers.
However, given the nature of communications and information technology and that the use of the internet has inherent risks, we cannot warrant or guarantee that information provided to us through the Website or stored in our systems or otherwise will be absolutely free from unauthorized intrusion by others, nor can we warrant or guarantee that such data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
7. CHILDREN'S PRIVACY
The Website is not designed or intended to attract minors under 16 years of age. The Website does not collect Personal Information from any person we actually know is under the age of 16. A parent or guardian, however, may use the Website for and with a minor, which parent or guardian is solely responsible for providing supervision of the minor's use of the Website and assumes full responsibility for the interpretation and use of any information or suggestions provided through the Website. If we learn we have collected or received Personal Information from a minor under 16 without verification of parental consent, we will delete that information. Please contact us if you believe we might have any information from or about a minor under 16, please contact us at the email address listed at the bottom of this policy.
8. COOKIES AND SIMILAR TRACKING TECHNOLOGIES
- To make our Services function properly;
- To provide a secure browsing experience during your use of our Services;
- To collect Usage Information about your use of our Services to help us improve and optimize our Services; and
- To remember your preferences for your convenience.
(b) Types of Cookies on Our Services
The Website may use both "session" cookies and "persistent" first and third-party cookies. A session cookie is temporary and disappears after you close your browser. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website. Persistent cookies can be removed by following your web browser's directions.
(c) Managing Cookies Through Browser Settings
You can enable, disable, or delete cookies through the browser you are using to access our Services. Many browser manufacturers provide helpful information about cookie management, including, but not limited to:
- Google Chrome
- Internet Explorer
- Mozilla Firefox
- Safari (Desktop)
- Safari (Mobile)
- Android Browser
- Opera Mobile
Please note, if you set your browser to disable cookies, you may not be able to access secure areas of our Services, and/or parts of the Services may not work properly for you. You can find more information about how to change your browser cookie settings at https://www.allaboutcookies.org.
9. USERS FROM OUTSIDE THE UNITED STATES & NO RIGHTS TO THIRD PARTIES
The Website is offered in the United States and is governed by the laws of the United States and the State of New York. If you are using the Website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the State of New York, the United States, and other countries might not be as comprehensive as those in your country. By using the Website, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it with as described in this Policy. This Policy does not create rights enforceable by third parties.
10. NOTICE TO INDIVIDUALS IN THE EUROPEAN ECONOMIC AREA AND SWITZERLAND
This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "European Countries") at the time of data collection.
We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.
(a) Our Relationship to You.
The Organization is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A "data controller" is an entity that determines the purposes for which and the manner in which any Personal Information is processed.
(b) Legal Bases for Processing Your Personal Information.
We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.
- Section 2(a) To Provide You with the Website.
- Section 2(b) To Communicate with You.
- Section 2(c) To Enforce our Terms, Agreements, or Policies.
- Section 3(a) Disclosure to Out Service Providers.
- Section 3(b) Merger, Bankruptcy, or Corporate Reorganization.
- Section 3(c) Legal Obligations and Safety.
We will only contact you if you are located in a European Country by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at . You can object to direct marketing at any time and free of charge.
(d) Individual Rights.
We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other's privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at .
- You can request access or deletion of your Personal Information.
- You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
- If we collected and processed your Personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
- You have the right to complain to your local data protection authority about our collection ad use of your Personal Information.
If you believe we have infringed or violated your privacy rights, please contact us so that we may resolve your dispute directly.
(e) Transfer of Your Personal Information.
When you access or use our Services, your Personal Information may be processed in the United States or any other country in which the Organization, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.
We transfer your Personal Information subject to appropriate safeguards as permitted under the Data Protection Laws. We also rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework.
11. DO NOT TRACK SIGNALS
Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.
12. CHANGES TO POLICY
We may modify this Policy from time to time, without prior notice, and any changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. When changes are made, we will notify you by revising the date at the top of this Policy. We will provide you with advance notice if we make any material changes to how we collect, use, or disclose your Personal Information that impacts your rights under this Policy. You agree to review the Policy posted on the Website each time you use the Website so that you are aware of any modifications to this Policy. Your continued usage of the Website following any changes constitutes your acceptance of those changes.
13. CONTACT THE SITE
If you have any questions or comments about this Policy, please contact us at .
Terms of Service
In these Terms, we refer to those who visit our Website and who use our Services collectively as "users." These Terms apply to all users, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The Services are offered and available specifically to users who reside in the United States or any of its territories or possessions.
Please read these Terms carefully before accessing the Website or using the Services. If you do not agree to all of the Terms, then you may not access the Website or utilize any Services.
Any new features or tools which are added to the Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Website without notice to the users. It is your responsibility to check this page periodically for changes. Your continued use of the Services or access to the Website following the posting of any changes constitutes acceptance of the changed Terms.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH HEREIN. SECTION 17 BELOW HAS MORE INFORMATION AND HOW YOU CAN OPT OUT OF ARBITRATION.
1. Access of Services and Account Security
Account Confidentiality. You agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
Subscriptions. All Services and content offered by the Website are free of charge and are intended to stay that way. In future cases of paid subscription access, we will charge your applicable credit card according to the pricing and frequency described at the time of paid subscriptions sign-up and you agree to accept these charges. In the event payment to us is denied or declined, the paid subscription access rights may be terminated at our sole discretion.
2. Acceptable Use of the Services
When using the Services, you are granted a limited, personal, nontransferable and nonexclusive license to access the Services solely for your own research and business purposes, in strict accordance with these Terms. By using or accessing the Services, you represent and warrant that you will not:
- use our products for any illegal, unlawful, or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts;
- upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
- attempt to or actually disable, overburden, damage, impair, or override the Services or interfere with other party's use of the Services, including any security components;
- misrepresent your identity or affiliation in any way (including, without limitation, by using email addresses or usernames associated any other natural person that is not you);
- "stalk" or otherwise harass another user; or
- upload, post, email, share, or otherwise transmit any material to either the Company or a third-party platform (including social media) that may harass, disparage, or otherwise limit another user's use or enjoyment of the Services.
In addition, you are prohibited from using the Services, the Website or any Content:
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, gender expression, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene purpose; or
- to interfere with or circumvent the security features of the Service, the Website or any related website, other websites, or the Internet.
3. Your Proprietary Rights.
By uploading information to the Service or submitting any materials to us, including but not limited to any Content or materials posted through message boards, chat rooms, personal web pages or profiles (collectively, "User Contributions") you automatically grant (or warrant that the owner of such rights has expressly granted) the Company a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, and translate your information to enable us to operate the Website and provide the Services and to make your information accessible to you and other users to the extent permitted by applicable law.
4. Intellectual Property Rights
The Services contain material, such as software, text, graphics, images, video, audio and other material (collectively, "Content"). Except for Content that is fair use or public domain, content from the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the express prior written permission of the Company, except that you may download or print a limited number of copies of the Services for your personal, noncommercial, home use only, provided you keep intact all copyright and other proprietary notices. The Content may be owned by us or may be provided through arrangements with others, including other users of the Services or third-party content providers. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Our name, brands, logos and slogans are our trademarks. All other names, brands, logos, product and service names, and designs appearing on the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.
- Your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.
- If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any Content from the Services;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services; or
- Access or use for any commercial purposes any part of the Services or any Content available through the Services.
5. Accuracy, Completeness & Timeliness of Information
We are not responsible if information made available on the Website or on the Services is not accurate, complete or current. While the Services we provide, including the Learn to E-Earn course, other tools found through our Services, trainings provided, and insights rendered, may help to grow your income, the Services we provide do not guarantee any business outcomes or results, and any reliance on the material on the Website or the Services is at your own risk. The Website does not provide any financial, legal or tax advice and strictly disclaims any responsibility therefor. Please consult your own financial, legal or tax advisor.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
6. Modifications to the Service and Prices
We reserve the right to withdraw or amend this Website or the Services, in our sole discretion without notice. We will not be liable to your or to others if for any reason all or part of the Website or the Services is unavailable at any time for any period. This shall not suspend or eliminate your payment obligations to us or provide you with any refund rights for amounts previously paid to us.
7. Accuracy of Billing & Account Information
We presently provide all content and services free of charge. In the event we add paid Services, tou agree to provide current, complete and accurate information for all purchases made through the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and provide you with uninterrupted Services. If you fail to promptly update any of the foregoing information, you agree that we may continue charging you for any use of the Service under your billing account unless you have terminated your subscription, as applicable.
8. Third Party Links, Content, and Tools
We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services, tools, or hyperlinks appear on the Website or through the Services. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. ADDITIONALLY, WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY DATA OBTAINED FROM THIRD-PARTY SITES THAT ARE DISPLAYED OR REPORTED THROUGH ANY OF OUR SERVICES.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Third-party products and services accessible through the Website and Services are not necessarily endorsed or recommended by the Company and we disclaim all responsibility regarding the performance or the use of third-party products and services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
9. Personal Information
10. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE SERVICES AND CONTENT ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS IS" BASIS 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 SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR SERVICES, ANY CONTENT THEREIN OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS OUT OF WHICH LIABILITY AROSE.
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claims, demands, liabilities, damages, judgements, awards, losses, costs, expenses, or fees, including reasonable attorneys' fees, made by any third party due to or arising out of, directly or indirectly, your breach of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Services other than as expressly authorized in these Terms, or a violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
A breach or violation of any of the Terms may result in an immediate termination of your Services. You acknowledge and agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which the Company or any third party may suffer) of any such breach.
The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of the Website or the Services is terminated pursuant to these Terms, you will not attempt to use the Website or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold the Company harmless from any and all liability that may incur therefore.
15. Entire Agreement; Waiver
These Terms and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the Company.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16. Governing Law
These Terms shall be governed by and construed in accordance with the Laws of the State of New York without regard for the principles of conflicts of Law of that State or any other state.
17. Dispute Resolution
PLEASE READ THIS SECTION 17 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by the Company or persons employed or engaged by the Company were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association's ("AAA") Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as applicable law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.
YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in New York County (Manhattan), New York State, U.S.A.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms. To opt out, you must send your name, residence address and email address, and a clear statement that you want to opt out of this arbitration provisions to . Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.
If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of New York County, New York, or a United States District Court, and waive any objection to such jurisdiction or venue.
18. Changes to Terms of Service
You can review the most current version of the Terms at any time at this page. We may make changes, supplement or update these Terms from time to time. The revised Terms will be effective on the posted date, unless otherwise indicated. You acknowledge and agree that if you use the Services after the date on which the Terms have changed the Company will treat your use as acceptance of the updated Terms.
19. Contact Information
Questions about the Terms of Service should be sent to us at .