Privacy
Policy

Last Updated: April 27, 2020

The Leary Firefighters Foundation ("us", "we", or "our") operates the website www.learyfirefighter.org and any other online and mobile websites, social networks and applications operated by or on behalf of us and/or our affiliates that post, and are authorized to post, a link to this Privacy Policy (collectively, the "Service").

This Privacy Policy describes how we collect, use and share information about you, and the choices you can make with respect to such information. This Privacy Policy applies to information we collect from and about you when you access the Service or otherwise contact us or inquire about our products, including, without limitation, by phone, mail, email, text message or in messages sent to us through social media.

By accessing any part of the Service or otherwise contacting us, you agree to the terms and conditions set forth in this Privacy Policy. This Privacy Policy is part of the Terms of Use governing your use of the Service. Any dispute over privacy is subject to this Privacy Policy and our Terms of Use. Please read the Terms of Use. If you are accessing the Service or contacting us as an employee or representative of a company or organization, this Privacy Policy is binding upon both you individually and the company or organization, and references to “you” or “your” shall apply to both you individually and such company or organization.

If you do not agree with any part of this Privacy Policy, please do not access the Service.

Information We Collect

The information collected when you access the Service or otherwise contact us falls into two categories: (1) personal data you voluntarily provide, such as your name, address, and email address; and (2) non-personal data collected automatically through technology.

__Personal Data You Provide Directly To Us __ “Personal Data” is any information that can be used to identify or locate a particular person or entity, including but not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address

We do not collect Personal Data from you unless you voluntarily provide such information to us, such as by contacting us in any manner.

Non-Personal Data Collected Automatically Using Technology In addition to any Personal Data you provide directly to us, we and our third party service providers may use a variety of technologies that automatically collect certain non-identifying information about you when you access the Service or interact with emails sent to you. We treat all information of the type referenced in this paragraph as non-personal, unless required by applicable law to do otherwise.

Usage Data We may collect certain non-identifying information about how you access and use the Service ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Location Data We may use and store information about your location. We use this data to provide features of our Service and to improve and customize our Service, including to deliver and/or restrict relevant content based on your location.

Cookies, Web Beacons and Similar Tracking Technologies We may use cookies, web beacons and similar tracking technologies to collect information about your use of the Service and your response to emails sent to you.
Cookies are files with small amounts of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device and enable the website’s system to recognize your browser and remember certain information. Examples of cookies we may use include:

  • Session Cookies. We may use Session Cookies to keep track of your movement from page to page during an active session so we do not ask for the same information multiple times.
  • Preference Cookies. We may use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We may use Security Cookies for security purposes, such as identifying users, preventing the unauthorized use of login data and protecting user data against unauthorized access.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

We may also use other Internet technologies, such as web beacons, pixel tags, embedded scripts and other similar technologies to collect information about your use of the Service or emails sent to you, including, without limitation, to count the number of users who have visited a particular web page, to deliver or communicate with cookies, and to understand usage patterns and whether messages have been opened, acted on, or forwarded.

How We Use the Information We Collect

We may use any of the information we collect from you in one or more of the following ways: • To provide and maintain our Service • To notify you about changes to our Service • To allow you to participate in interactive features of our Service when you choose to do so • To provide customer support, including, without limitation, to respond to your requests for goods or services offered by us and keep you informed of updates about your inquiry • To improve our Service • To monitor the usage of our Service • To detect, prevent and address technical issues • To send you periodic emails and newsletters • To provide you with news, special offers, promotions, advertisements, and general information about other goods, services and events which we offer • To process transactions upon your request • To protect your rights, our rights and the rights of others

Disclosure of Personal Data

Affiliated Companies and Service Providers We may disclose your Personal Data to our affiliated companies, and to vendors, consultants and other service providers that help us operate and maintain our Service, conduct our business, and provide the products and services we offer. For example, we may work with such service providers to: (i) manage a database of customer information; (ii) assist us in distributing emails; (iii) assist us with direct marketing and data collection; (iv) provide us with data storage and analysis; (v) prevent fraud; (vi) process credit card payment; (vii) provide customer service by phone; and (viii) engage in other services designed to assist us in developing, operating and maintaining our Service and maximizing our business potential. We also may share your Personal Data with affiliated businesses that we do not control but with which we engage in joint and co-branded offerings. Business Transaction If we or any of our affiliated or related entities is involved in a merger, acquisition or asset sale, your Personal Data will likely be among the assets transferred and will be disclosed during the process of negotiating such business transition. Compliance with Law and Policies; Safety We may also share your Personal Data if we have a good faith belief that: (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, legal process (such as a court order or subpoena), or request by law enforcement or governmental authorities; (ii) such action is appropriate to enforce our Terms of Use, or other policies of our Website or our product and/or services, including any investigation of potential violations thereof; (iii) such action is necessary to detect, prevent or otherwise address fraud, security or technical issues associated with the Service or our product and/or services; or (iv) such action is appropriate to protect our rights, property or safety, or the rights, property or safety of our employees, affiliates, agents, contractors, other users of the Service, other users of our products and/or services, or others.

Retention of Personal Data

We will retain your Personal Data for as long as is necessary for as long as is necessary for the purpose(s) for which the data was collected and any other permissible, related purpose.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. By accessing or using the Service, you consent to the processing, transfer and storage of information in and to the U.S. and other countries, where you may not have the same rights as you do under local law. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is guaranteed to be 100% secure. While we strive to protect your Personal Data, we cannot guarantee its absolute security. Any transmission or other provision of information is done at your own risk.

"Do Not Track" Signals Under California Online Privacy Protection Act (CalOPPA)

California law requires us to let you know how we respond to web browser Do Not Track (“DNT”) signals. As there currently is not an industry or legal standard for recognizing or honoring DNT signals, we do not respond to them at this time.

Third Party Service Providers

We may work with third party service providers to track and analyze use of our Service, to provide certain services, and to serve advertisements on the Service and/or third party services. These third parties may use their own cookies, web beacons or other tracking technologies to collect information about you and your visits to and activity on the Service and/or other websites.

To the extent we combine information from third party service providers with Personal Data we collect directly from you, we will treat the combined information as Personal Data under this Privacy Policy. Otherwise, the information collected and stored by third parties remains subject to their policies and practices (which we do not control and for which we are not responsible).

Analytics

We may use third party service providers, such as Google Analytics, to monitor and analyze the use of our Service. These third parties may use cookies, web beacons and other technologies to collect information, such as your IP address, time of visit, whether you are a return visitor, and any referring website, in order to help us analyze how users interact with and use the Service, compile reports on the Services’ activity, and provide other data and insights related to the Services’ usage. Additional information about Google Analytics is below:

Google Analytics Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics Opt-out Browser Add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.

Interest-Based Advertising and Retargeting/Remarketing

We may also allow third parties, such as Google Ads and Facebook, to use cookies, web beacons and other technologies to better understand your behavior and browsing activities for the purpose of serving you targeted advertising about goods and services that may be of interest to you while you are on our Service (i.e., “interest-based advertising”) and displaying our advertisements to you on third party websites after you have visited our Service (i.e., “retargeting” or “remarketing”). Additional information about Google Ads and Facebook remarketing is below:

Google AdWords Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

Facebook Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950 To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217 Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation.

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. Such sites, and the third parties that operate them, are not under our control and may not follow the same privacy policies as us. If you click on a third party link, you will leave our Service and be directed to that third party's site, and you will become subject to its terms and conditions of use and privacy policies. We do not examine or evaluate, and have no control over and assume no responsibility for, the content, privacy policies or practices of any third party sites or services. By providing links to these sites, we do not approve, warrant or endorse, or otherwise make any representation about them, their owners or operators, or the goods or services that they offer and/or sell. You should exercise your own judgment in evaluating and using these sites. You understand, acknowledge and agree that all access to and use of any such third party site by you shall be at your own risk.

Children's Privacy

Our Service is not directed to anyone under the age of 13 (a “Child”, or "Children"). We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not and will not knowingly collect personally identifiable information from Children. No personally identifiable information should be submitted to the Service by Children without the prior written consent of their parent or guardian. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of consent from their parent or guardian, we will remove such information from our servers as required by COPPA.

Changes to This Privacy Policy

We may change or revise our Privacy Policy at any time, for any reason or no reason, at our sole discretion, without notice, simply by posting such changes or revisions on this page. Any such changes or revisions to this Privacy Policy will be effective immediately upon posting on this page. Your continued use of our Service signifies your acceptance of any such changes or revisions. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of this Privacy Policy. Our use of information is subject to the Privacy Policy in effect at the time that we use such information.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at info@learyfirefighters.org.

Terms of Use

  1. Introduction: This website is owned and operated by The Leary Firefighters Foundation (“Company,” “we,” “our,” or “us”). Except as otherwise noted herein, these terms and conditions (the “Terms") govern your use of the website www.learyfirefighters.org and any other online and mobile websites, social networks and application operated by or on behalf of Company and/or its affiliates that post, and are authorized to post, a link to these Terms (individually and collectively, the “Site”). Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Although you may access a particular portion of the Site that does not include a link to the Terms, your use of the Site still binds you to the Terms. Company provides you with access to and use of the Site subject to your compliance with the Terms.
  2. Company’s Right To Modify Site and Terms: Company reserves the right to make changes to the Site and to these Terms from time to time. When we make changes to the Terms, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes.
  3. License to Access Site: We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained herein solely in accordance with the Terms. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the Site, including any products and services described on the Site, and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the features of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
  4. Prohibited Uses: No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages is Company property or that of our suppliers, partners or licensees and is or may be protected by patent, trademark and/or copyright under United States and/or foreign laws. Further, except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any pages from the Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Company.

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products and providing information to the Site. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Company specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

• Posting any information which is incomplete, false, inaccurate or not your own; • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, including those that would fail to comply with accepted Internet protocol; • Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it; • Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another; • Communicating, transmitting, or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of any applicable export control laws; • Attempting to interfere in any way with the Site's or our networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system; or • Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.

  1. Security Rules: Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

• Accessing data not intended for you or logging on to any of our servers or accounts, which you are not authorized to access; • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); or • Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the Site.

  1. International Use: We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.

Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States Government's lists of prohibited and restricted parties.

  1. Proprietary Rights: As between you and Company (or any other company whose marks appear on the Site) Company (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of all materials and content, including, without limitation, illustrations, photographs, product, images, audio clips and software (collectively, “Content”) on the Site and the arrangement and integration of all such Content, unless otherwise indicated. Our logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Company Intellectual Property") are owned by Company and may be registered in the United States and internationally. You agree not to display or use the Company Intellectual Property in any manner without Company’s prior written permission. Nothing on the Site should be construed to grant any license or right to use any Company Intellectual Property without the prior written consent of Company.

Except as otherwise provided herein, use of the Site does not grant you a license to any Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by Company. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

  1. Claims of Copyright Infringement: To the extent any content appearing on the Site, including content created and/or displayed by Company or otherwise, infringes your copyright, you must notify us in accordance with the below-referenced procedure by sending us an email to info@learyfirefighters.org with the following subject line: “DMCA TAKEDOWN REQUEST”.

In order for the notification to be effective, it must include the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; • a description of the copyrighted work that you claim has been infringed; • a description of where the material that you claim is infringing is located on the Site that is reasonably sufficient to enable us to identify and locate the material; • your contact information; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by law; and • a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.

Please be advised that, under federal law, any knowing misrepresentation that online material is infringing may subject you to criminal prosecution for perjury and civil penalties, including monetary damages, court costs and attorneys’ fees.

This paragraph is for the purpose of Company’s compliance with the DMCA. In no event shall this paragraph, or any other provision of these Terms, be deemed as legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

  1. Disclaimers and Limitation of Liability: Company publishes information on its Site as a convenience to its visitors. While Company attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Company products featured in the Site may not be available in your region. Company does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions.

You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE AND/OR ANY INFORMATION, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Company makes no warranties of any kind regarding any non-Company sites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and Company makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Company sites. Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

IN NO EVENT SHALL COMPANY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF COMPANY OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Indemnity: You agree to defend, indemnify and hold Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
  2. Disputes: Any dispute relating in any way to these Terms, your visit to the Site, or to any transaction with Company shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any Company Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
  3. Miscellaneous: These Terms constitute the entire agreement between you and Company and govern your use of the Site, and they supersede any prior agreements between you and Company. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Company may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Company’s sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms or your use of the Site. Any claim or cause of action you may have with respect to Company or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. You may not assign the Terms or any of your rights or obligations under the Terms without Company’s express written consent. The Terms inure to the benefit of Company’s successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Please contact us with any questions or concerns in connection with these Terms or the Site or to provide any notice under these Terms.

Last Updated April, 2020

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