Terms of Use
Effective Date: 3/18/2019
General
These Terms of Use (“Terms of Use”) are issued on behalf of Michael A. Pollack Real Estate Investments by their webmaster; AD TV, LLC. Where “Michael A. Pollack Real Estate Investments”, “MAP”, “I”, “we”, “us” or “our” appears in these Terms of Use, it includes the relevant Michael A. Pollack Real Estate Investments brand and any related entities processing the below mentioned data.
Please read the Terms of Use carefully before using www.pollackinvestments.com (the “Service”) operated by us. The Service is provided to provide information, related features and services.
Please take time to review the Terms of Use. By accessing and using the Service, you agree to be bound by each of the Terms of Use and all applicable laws and regulations concerning the website. If you do not agree to abide with any part of the Terms of Use you do not have permission to access the Services.
Eligibility
You must be 13 years or older to access or use the Service. If you are under 13, You may not use or access the Services under any circumstances. If you are 13 or older and younger than 18 (or the age of majority in your particular state/country of residence), then you may access and use the Services only if you have your parents’ or guardians’ prior permission. If you are a parent or guardian providing permission for a child age 13 or older to access or use the Services, then you agree to accept full responsibility for that child’s use of and access to the Services.
You may also not be based in Cuba, Iran, North Korea, Syria, or any other 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.
You agree to provide true, accurate, current and complete information about yourself and your organization, as applicable, as requested in the registration form and elsewhere on the website or Service, and agree to update such information if it changes.
Implied Acceptance of Terms Through Use
By accessing, using, viewing, transmitting, caching, storing, or otherwise utilizing the Services, you acknowledge that you have read and understand these Terms of Use, and that you accept and agree to all the terms as set forth below. Your use of the Service indicates your acceptance of these Terms of Use. We reserve the right to change these Terms of Use by posting revisions to the Website at any time in our sole discretion. Your continued use of the Service indicates your agreement to any revised Terms of Use. If you do not agree to these Terms of Use, you must exit and refrain from using the Service immediately.
Communication with You
We reserve the right to send messages to you to inform you of (a) changes or additions to the Services, our products, this Agreement; (b) violations of this Agreement or actions relating to your privilege to access and use the Service; (c) any other matter related to the Service, our products or this Agreement or (d) for marketing and other purposes. Nothing in this provision shall require or obligate us to send any notice if no notice is required or mandated elsewhere in this Agreement. You may unsubscribe from our marketing communications at any time, although you will continue to receive transactional messages from us.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations and chat texts with us for quality control purposes, for purposes of training our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
By entering into this Agreement, you acknowledge that we may contact you via telephone (either by a live person, automatic dialer, prerecorded message or a combination of the foregoing) to discuss the products and you consent to such contact. Further, you consent to receive such phone calls at the telephone number you entered on the website. You do not need to agree to this provision in order to use the Service or make a purchase and if you would like us not to contact you by telephone, please send an email to Anthony@pollackinvestments.com. Upon request, we may also contact you via telephone (including by automatic dialer or prerecorded message) or text you in order to provide you with your password or other information you request.
External Links / Third-Party Websites and Services
The Service contains links to sites operated by third parties. For example, we link to information that can be used to showcase a property. Many times, that site may be linked to nearly tenants or statistics from governmental and/or commercial organizations. The third-party linked sites are not under our control and we assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit. The availability of such links does not constitute an endorsement of their content by us or our affiliates, officers, management, and employees. Excluding tenant and news article links, which may vary from time to time, below is a list of the majority of third party-sites we may forward you to and their privacy policies so you may review how they collect, use, store, and transfer your information:
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Third Party Site
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Website Address
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Privacy Policy
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SitesUSA.com
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https://sitesusa.com/
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https://sitesusa.com/privacy.html
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Censusreporter
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https://censusreporter.org
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https://censusreporter.org/glossary/
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ConstantContact
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www.constantcontact.com
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https://www.constantcontact.com/forward/privacy-center
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DataUsa
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https://datausa.io/
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https://datausa.io/about/usage/
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The website and Services also include social media tools that may, among other things, allow you to manage access, post content, and manage content on social network platforms. You agree to abide by the terms and conditions of any applicable third-party services. Notwithstanding anything set forth herein to the contrary, you will abide by this Agreement regardless of anything to the contrary in your agreement with any third party and you shall not use such third-party service to avoid the restrictions set forth in this Agreement.
Copyright and Trademark Notice
This website Service is owned and operated by Michael A. Pollack Real Estate Investments. Unless otherwise specified, all material appearing on the Service, including data, photographs, videos, logos, graphics, icons, images, trade names and other information (collectively, the “Content”) contained in this Service are proprietary to us, our affiliates and/or third-party licensors. The Content on this Service is available to you only for personal and non-commercial use, and may not be reproduced, distributed, adapted, or otherwise used without written permission of us and/or our licensors. Any unauthorized use of the materials appearing on this website may violate copyright, trademark, or other applicable laws and could result in criminal or civil penalties.
Claims of Infringement
We have has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at https://www.copyright.gov/legislation/pl105-304.pdf).
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. It our policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact our Designated Agent to Receive Notification of Claimed Infringement at the following address: [*].
Accuracy of Information
Although we take all reasonable steps to ensure the accuracy of the information or Content included on this Service, no assurance is given that all information or material on the Service is up-to-date, accurate, error-free or complete. We take no responsibility for errors or omissions in the information or content of this Service. We reserve the right to correct, change or update information at any time without prior notice. Accordingly, this Service, including the content and information provided herein, is being provided on an “as is” basis and without warranties of any kind either express or implied.
Privacy Policy
Our Privacy Policy is a part of this Agreement and is incorporated herein by this reference.
User Submissions
Certain areas of the website may enable you to post content, submit emails, or otherwise provide feedback other information to us (“User Content”).
Code of Conduct
In connection with your use of the Service, you agree not to upload, post, e-mail, transmit or otherwise make available any User Content that:
· is unlawful, harmful, threatening, abusive, harassing, libelous, pornographic, threatening, defamatory, vulgar, obscene, objectionable, an invasion of privacy, that includes any comments that are connected to national origin, race, gender, sexual preference, sexual identification, disability, age, or harms minors in any way;
· is known by you to be false, inaccurate, or misleading;
· infringes any patent, trademark, trade secret, copyright, intellectual property or other proprietary or privacy rights of any person or entity;
· is illegal in any way or that advocates illegal activity;
· promotes violence or describes how to perform a violent act;
· is an advertisement or solicitation of funds, goods or service;
· harvests or collects email addresses or other contact information from other Service users by electronic or other means for the purpose of sending unsolicited emails or other communications;
· promotes or constitutes illegal activity;
· could damage, disable, overburden or impair the Service;
· for any commercial purpose or in any automated manner;
· uses automated scribes to collect information from or otherwise interact with the Service;
· intimidates or harasses any other people or entities;
· reverse engineers, decompiles, disassembles, or otherwise attempts to derive the source code or method of operation of the Service;
· removes, bypasses or circumvents any electronic protection measure on the Service;
· removes, alters, or obscures any copyright or other proprietary right notices including on the Service;
· uploads or provides to us any code or device capable of or intended to interrupt, harm or damage the Service;
· impersonates any other person or entity;
· reveals any personal information about another individual, including their address, phone number, email, credit/debit card information, or any other information that could be used to specifically identify and/or locate that individual;
· tricks, defrauds, or misleads PTC or other users;
· makes improper use of our supported services or submits false reports or abuse or misconduct;
· disparages, tarnishes, or otherwise harms PTC and/or the Service;
· violates these Terms of Use of any local, state, federal or international law, rule or regulation or any other requirements or restrictions posted by PTC on the Service;
· Develops, distributes, or contains any form of destructive software such as a virus, worm, Trojan horse, scraper, offline reader, cheat utility, time bomb, cancelbot, or any other harmful components or any other computer file program;
· cover or obscure any notice, banner or advertisement on the Sites;
· disguises the source of your User Content or other information you submit to the Service or use tools which anonymize your Internet protocol address (e.g. anonymous proxy) to access the Service;
· interferes with or circumvents any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service or User Content; and
· engages in cheating or any other activity deemed by PTC to be in conflict with the spirit or intent of the Services.
Legal Compliance
The website and Services shall only be used for lawful purposes and you shall use the Services only in compliance with this Agreement and all other applicable U.S., state, local and international laws in your jurisdiction including, but not limited to:
- the CAN-SPAM Act;
- Canada’s Anti-Spam Legislation;
- Any policies and laws related to unsolicited emails, spamming, privacy, obscenity, defamation, copyright and trademark infringement and child protective email address registry laws;
- Laws relating to advertising, sales or promotional efforts or practices redemption, refunds and provision of your products or services;
- laws that govern false, unfair and deceptive practices, coupons, gift cards/certificates, defective products or services, unclaimed property, alcohol or tobacco, health and safety, fire, and hygiene standards;
- laws that govern lotteries, sweepstakes, contests and promotions; and
- laws that govern the collection of donations and charitable giving.
You further agree to refrain from the unethical, false or misleading advertising, promotions or sales efforts and practices in connection with your use of the website, our Service or our products.
You may not use the website or the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
You are responsible for determining whether our website or Service are suitable for you to use in light of any regulations, such as the Health Insurance Portability and Accountability Act ("HIPAA"), the Gramm-Leach-Bliley Act ("GLBA"), European data privacy laws, or other laws. If you are subject to a particular regulation and you use our Site or Products, then we will not be liable if our website or Service do not meet those requirements.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Restrictions and Responsibilities
No Rights in Software.
This is an Agreement for Services and access to the website, and, except as expressly set forth herein, you are not granted a license to any software by this Agreement and nothing on the website or Service shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the website or Service or any software, documentation, or data related to the website or Service ("Software"); remove any proprietary notices or labels from the website or Service or any Software; modify, translate, or create derivative works based on the website or Service or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the website or Service or any Software. If you are using the website or Service in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the website or Service or the Products, then you hereby covenant that, prior to engaging in such activities, you will first request that we perform such work at our standard professional services rates. We can then decide either: (a) to perform the work in order to achieve such interoperability and charge our then standard rates for such work to you; (b) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability; or (c) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities despite a contractual prohibition on such activities.
Monitoring and Removal.
Although we have no obligation to monitor the content provided by you or your use of the website or Service, we may do so and may block any messages or campaigns, remove any content, including surveys, event registrations, social campaigns, promotions, deals or business content, or prohibit any use of the website or Service that we believe may be in violation of the foregoing or any other provision of this Agreement. In no case will the foregoing make us responsible or liable for compliance with any such laws or obligations, for which you remain solely responsible and liable.
Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Service; what content you access via the Service; what effects we may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release us from all liability for you having acquired or not acquired Content through the Services. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE OR SERVICE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE OR SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR ANY OF OUR SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR ANY OF OUR SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. We are not responsible for the behavior of any third parties, linked websites, or other partners.
Liability Disclaimer
By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the website, or Service or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close this website or deny you access to it and delete any files which you may maintain at this website and any information which you may choose to post here.
THE INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS." YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE SERVICE. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE SERVICE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION).
IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY CONTENT ON THE SERVICE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, (I) ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE COMPANY'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree not to take any action that interferes with the proper working of the website and/or Service; imposes an unreasonable or disproportionately large load on the website or Service’s infrastructure; might compromise the security of the website or Service; render the website or the Service inaccessible to others; or otherwise cause damage to the website or any content contained on the website. You agree not to add to, subtract from, or otherwise modify the content on the website except as expressly authorized by us in these Terms of Use or by a written agreement between you and us.
Indemnification
You will indemnify and hold the us, our parent companies, subsidiaries, affiliates, officers, suppliers, licensors, artists, agents, insurers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) against any claims, damages, suits, actions, demands, proceedings (whether legal or administrative), losses, liabilities, penalties, settlements and expenses (including costs and reasonable attorneys' fees) in connection with any claim or action that (a) arises from any actual or alleged breach by you of this Agreement; (b) is by any third party due to or arising out of your access to website or the Service, use of the Service, use of our products, your violation of these Terms of Use or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity; (c) arises from your contacts and content, including the content or effects of any messages you distribute, events you host, surveys you administer, social media campaigns you publish, promotions or deals you offer, donations you collect or products or services you sell (including claims relating to violations of law, false advertising, injuries, illness, damages, death, taxes, fulfillment, breach of offer terms, defective products or services or unclaimed property); or (d) otherwise arises from or relates to your use of the website, the Services and/or our Products.
You agree to provide us with prompt written notice in the event of any such claims or actions. In addition, you acknowledge and agree that we have the right to seek damages when you use the website, Service or products for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. In the event that we are required to respond to a third party or law enforcement subpoena or court order that is related to your use of the website, Services or products, we may, in our sole discretion, require you to reimburse us for our reasonable expenses associated with complying with such subpoena or order.
International Use; Prohibited by Law
In recognition of the global nature of the Internet, you agree to comply with all local rules where you reside or your organization is located regarding online activities, email, the website and the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The website and/or the Service are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the website and Service) and we make no representation that the website and Service are appropriate or available for use in other locations. Those who access the website and Service from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the website and Service where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (once in effect) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) of such personal data. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process personal data and send communications to that individual on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.
Force Majeure
We are not liable for any default or delay in the performance of any of our obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for us to perform our obligations hereunder.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Use.
Notices to California Consumers
Under California Civil Code Section 1789.3, California users of the Sites are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Applicable Laws
These Terms of Use are governed by and construed in accordance with the laws of Arizona, USA applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in that state and country. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provisions shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, the Privacy Policy, and any other legal notices posted on the Service constitute the entire agreement between you and us with respect to the use of the Service, including the Content and User Content. You warrant and represent that you will submit to the exclusive jurisdiction of the courts and legal system in Mesa, Arizona for any and all claims, disputes or issues arising out of this Agreement.