Terms and Conditions of Use
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Terms
By accessing and using this website, web page, client portal, or mobile application, including but not limited to any content, functionality and services offered on or through this website, web page, client portal, or mobile application, or our e-mails, texts, posts and other electronic messages (collectively, our “Site”), you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.
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Our Site and all of the contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable. We reserve the right to withdraw or amend our Site, and any service or material we provide on our Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Site is unavailable at any time or for any period.
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User License
Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.
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When using or accessing our Site, you may not:
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modify or copy any material or Services.
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use the material or Services for any commercial purpose, or for any public display (commercial or non-commercial).
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attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services.
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engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site.
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remove any copyright or other proprietary notations from the material; or
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transfer the materials to another person or entity or “mirror” the material on any other server.
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Posting Content. In these Terms and Conditions of Use, your “Content” shall mean any audio, video, text, images, or other material, including comments or feedback, you choose to post on or submit to us via this Website. With respect to your Content, by posting it in a way that is visible to the public, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it on our Site and in any and all media. Your Content must be your own and must not be infringing on any third party’s rights or violate any of the restrictions in the subsection below. We reserve the right to remove any of your Content from our Site at any time, and for any reason, without notice.
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Without limiting the foregoing, you agree not to use, or permit to be used, any messaging capabilities or any Services on our Site that permit text entry or the uploading or posting of audio, video or images to post, transmit or disseminate any:
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unsolicited material to persons or entities that have not agreed to receive such material or to whom you do not otherwise have a legal right to send such material.
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material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers attempt to decompile or reverse engineer any software contained on the Site or that supports the Site or any Services;
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material or data that is illegal, or material or data that is harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of us and/or our third- party service providers; material or data that is related to illegal drugs (e.g., marijuana, cocaine) or to pharmaceuticals, material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information or contains any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to our equipment or facilities and/or those of any third party; or material or information that is false or misleading, or likely to mislead or deceive.
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Your permission to use and access this Site is the grant of a limited license, not a transfer of title, and your limited license to use or access our Site shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time for any reason or no reason.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Site 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. 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 OUR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO OR FROM IT. THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE LINKED TO THE SITE.
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Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, AGENTS, EMPLOYEES, 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, OUR SITE, ANY WEBSITES LINKED TO OR FROM IT, ANY CONTENT ON OUR SITE OR ON SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Indemnification
You agree to defend, indemnify and hold harmless us, our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use and your use of our Site, including, but not limited to, any use of our Site’s content, services and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from our Site.
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Revisions and Errata
The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Site are accurate, complete, or current. We may make changes to the materials contained on the Site at any time without notice. We do not, however, make any commitment to update the materials.
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Links
We have not reviewed all the third-party websites linked to by the Site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the third-party website. Navigation to and use of any such linked website is at the user’s own risk.
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Site Terms of Use Modifications
We may revise these Terms and Conditions of Use for the Site at any time without notice. By accessing or using the Site, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
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Governing Law
Any claim relating to the Site shall be governed by the laws of the State in which we are headquartered without regard to its conflict of law provisions.
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Entire Agreement
These Terms and Conditions of Use, our Privacy Policy and any other document we deem relevant constitute the sole and entire agreement between you and us with respect to our Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Site.
Privacy Policy
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We understand the importance of maintaining the confidentiality and security of your information and seek to secure your privacy during your visit to our website, including any mobile version or mobile application, plus any desktop applications you access from our website or app (collectively, our “Site”). This privacy policy outlines the types of information you may provide to us or we may collect from or about you when you visit this Site, and our practices for collection, use, and disclosure of this information. By using our Site, you consent to the procedures and practices discussed in this policy, except to the extent certain applications are provided by a third party. For certain third-party applications framed or hosted on our Site, your information is collected directly by that third party, and their privacy policy governs their collection and use of your information. We may, from time to time, change this privacy policy, and your continued use of the Site after we make changes shall constitute your acceptance of those changes, so please check the Privacy Policy periodically for any changes or updates. The most recent version of this privacy policy is indicated by the version date located at the bottom of it. If you do not agree with any provisions of this Privacy Policy, you must not access or use our Site. If you have any questions regarding this privacy policy, then you may contact us at the e-mail address and/or telephone number provided on our Site.
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Key Terms. Throughout this privacy policy, we use a few specialized terms. When we use the term “Personally Identifiable Information” in this privacy policy, we mean information that is specific to you as an individual, like your name, postal address, e-mail address, or telephone number. The term “User Information” incorporates all your Personally Identifiable Information and any other forms of information discussed in this privacy policy. Information is said to be “anonymized” if it does not identify individual persons or entities or associate a particular person or entity with such information.
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Our Information Collection, Use, and Disclosure Practices. Except as set forth in this policy, we will not use, disclose, or transfer your User Information unless, subject to applicable contractual or legal restrictions (including those under HIPAA, as applicable) or required consents (1) you expressly authorize us to do so; (2) it is necessary to allow our service providers or agents to provide services for us, and, as applicable, they have agreed to maintain the same level of security and privacy of your information as we provide; (3) it is necessary in order to provide our products or services to you (and contact you when necessary); (4) we are sending you other information that may be useful to you; (5) it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, and where, as applicable, such companies have agreed to maintain the requisite levels of privacy and security over certain types of information; (6) it is necessary to protect the confidentiality or security of your records; (7) it is necessary in connection with a sale of all or substantially all of our company assets or if we were to merge with or into another entity; (8) it is necessary in connection with other business purposes including, without limitation, customer care, dispute resolution, service quality assurance, business management and operation, risk assessment, security, fraud and crime prevention/detection/ monitoring, research and analysis, marketing, and/or assessing customer purchasing preferences and trends; (9) it is necessary to comply with law enforcement, governmental mandate, or other legal requirement, if appropriate, for your protection or in connection with an investigation or prosecution of possible unlawful activity; (10) it is necessary for us to provide it to our attorneys, accountants, regulators, auditors or other advisors; or (11) it is otherwise required or permitted by law.
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Information You Affirmatively Provide. When you fill out a form on our Site, sign up for communications from us, or ask us to contact you, we collect the information you provide and use it for the specified purpose for which you provided it, and potentially for other expected, related purposes. To the extent that we are required to comply with the Health Insurance Portability and Accountability Act (“HIPAA”) and/or the Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), any protected health information (“PHI”) you submit or provide to us directly will be treated in compliance with privacy and security standards set forth in HIPAA and/or the HITECH Act, or regulations thereunder, as applicable.
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Social Media Platforms, Websites and User-Generated or Provided Content. You agree that any information or content that you post, upload, provide, contribute, or submit for publication (each a “Submission”) to our Site or any social media application or channel (including our business or other branded pages contained on any social media platform such as Facebook or Twitter) or third-party website, including any images, review or rating content about our business or any contribution you make to any forum, message board or discussion group we may make available, is done at your own risk and without any expectation of privacy, and you acknowledge that such information may be seen by or shared with others. We cannot control the actions of other users of any social media platform or website and we are therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any of our pages that are contained on a social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such platform or website and that you will abide by all such provisions contained therein. Additionally, in the event that we offer a message board, review capability, or any other interactive or social-type feature or other feature permitting content submission on a website administered directly by us, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, images or other information (e.g., stories, pictures, ingredients, tips, etc.). Although we may take certain precautions to protect those who use these areas of our Site(s), we encourage you to be wary of giving out any Personally Identifiable Information in such public forums. Any information you post or submit can be collected and used by people you do not know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. You agree not to post any content that violates the privacy rights of anyone else, or that is otherwise unlawful, offensive, obscene or vulgar, threatening, defamatory, hateful, promotes illegal activity or violates the rights of a third party, including without limitation copyright, trademark, or publicity rights. Your use of these features is fully at your own risk. In addition, any operational suggestions that you send us, such as your questions, feedback, ideas, or other creative material (“Feedback”) belongs to us and will not be treated as confidential. You acknowledge and agree that we may use, reproduce, adapt, distribute, display, disclose, or create derivative works from Feedback without acknowledgement or compensation to you.
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Job Applicants. Any Personally Identifiable Information you provide to us when applying for a career position with our company will be used solely to consider and act upon your application. We may retain your Personally Identifiable Information for a period, but only for as long as necessary for such purposes or as otherwise required by law. We may disclose your Personally Identifiable Information to our agents for the purpose of evaluating your qualifications for the position you applied for, for other available positions or as otherwise required by law. We may also disclose your Personally Identifiable Information to third parties hired by us to collect, maintain, and analyze candidates for career positions or as otherwise required by law.
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Contests, Sweepstakes and Other Promotions. On our Site, we may offer, from time to time, certain contests, sweepstakes and other promotions, subject to applicable terms and conditions, and we use the information you provide to administer the contests, sweepstakes and other promotions. Through these promotions, you may choose to participate in activities such as sharing information found on our Site with others and sending e-mail invitations. To the extent you provide us information about a third party, you represent that any third party about whom you provide us information has given you express consent to do so. Subject to applicable contractual or legal restrictions, we also may use the information you provide to communicate with you, or the other people about whom you provide information, about our products and services, or our partners or service providers may use such information to communicate with you about the contests, sweepstakes or other promotions or their products and services, and you consent to such use of any information you provide to us for this purpose.
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Other Types of Information We May Collect. In addition to information you affirmatively provide to us, when you visit our Site to browse, we may collect, use, and store certain “Site Traffic Information” such as the type of operating system, computer modem, device ID and Internet browser you are using, the date and time you access our Site, the number of times you visit our Site, the particular pages you view, and the length of your visits to our Site. We may use this Site Traffic Information to improve our Site and user experience, and we may share this information with third parties if we choose to disclose anonymized Site Traffic Information for marketing or commercial purposes.
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Web Analytics Tools, Cookies and Web Beacons. We may use various website analytics tools and technologies regarding activities on our Site that require storage of web session data. The overall aim of these tools is to aid in making our Site easy to use, to proactively identify and correct error conditions and to provide more relevant advertising and content to you. These tools and technologies are also used to assist website visitors who report problems in the use of our Site. Stored web session data is used in accordance with this privacy policy. We may employ cookies (i.e., small text files) that our Site may send to your browser for storage on your hard drive, and later processes may check for the presence of such cookies. We may use such cookies to make use of our Site easier by saving your status and preferences upon visits to our Site. Most browsers are initially set to accept cookies, but you may be able to change the settings in your browser to refuse cookies, or to alert you when cookies are being sent. We may also employ cookies, web beacons, or site instrumentation, to monitor the behavior of visitors to our Site and activity on our Site, such as the number of visitors to our Site.
Third-party service providers may also place and administer cookies and web beacons via our Site or check for the presence of our cookies on your device. Such third parties may collect your anonymized information and perform website analytics as described in this privacy policy. We and/or such third parties may also use work product created by such third parties based upon web analytics data or other similar data collected from visitors to our Site in connection with providing you with more relevant advertising and content.
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Information from Third-Party Sources. We may also collect information about you from third-party sources, including any information you make publicly available on Social Media platforms or other online or offline resources.
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Third Party Websites and Applications. You may have the option to enter or link to a third-party website or application through our Site, or you may have the option to enter our Site from another third-party website or application. Since we cannot be assured that such third-party websites follow our privacy policies, we encourage you to ask questions and review the privacy policies of these third parties. We have no responsibility or liability for the actions or policies of these independent sites, do not endorse any product or service that may be mentioned or offered in such sites, and are not responsible for the content or privacy practices of such sites. Please contact such third parties directly for questions or concerns regarding their privacy practices. For any e-commerce or payment capabilities offered on or through our Site, such payments are managed by a third-party service provider and any payment-related information is collected directly by such third-party service provider. Such provider’s terms of use and privacy policy govern their provision of this payment service and their collection and storage of any information you provide through their hosted payment application, portal, or widget.
Revising Your Information. If you use our products, services, or Site, then you have voluntarily consented to our practices and procedures regarding your information as described in this privacy policy, any applicable Terms and Conditions of Use for our Site, and other written documentation that may be provided to you regarding our products, services, or Site. If you do not want us to use your information as described herein, or if you would like to modify your information in our records or remove your information from our databases for marketing purposes, then please contact our Customer Service at the address and/or phone number provided on our Site. Without the use of your information, however, we may not be able to provide you the products, services, or information you request. We will promptly respond to your information revision requests, but may retain copies of such information as necessary for us to comply with governmental orders, resolve disputes, troubleshoot problems, enforce any agreement you have entered into with us, and as otherwise reasonably necessary for our business purposes.
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Security. We employ and maintain technology and security measures designed to protect your information. When you submit sensitive information on our Site, that information is subject to a variety of protections. However, no data transmission over the Internet can be guaranteed as 100% secure. As a result, while we strive to protect your information, we cannot ensure or warrant the security of any information you transmit to us or receive from us.
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Promotional E-mails. We may send you e-mails with promotional offers if you provide us with your email. If you would no longer like to receive e-mailed special event information, sales notifications, or other messages from us, please send an e-mail to our Webmaster or follow the “Unsubscribe” instructions on such e-mails. Your e-mail address will be removed from our marketing list. Please allow us a reasonable period in order to satisfy your request, as some promotions may already be in process.
Children’s Privacy. Our site is not intended for anyone under 13 years of age. We are sensitive to privacy issues and look to protect your child’s information. We also strive to be fully compliant with the Children’s Online Privacy Protection Act (COPPA). We strongly encourage parents and guardians to regularly monitor and supervise their children’s online activities. We do not knowingly collect Personally Identifiable Information from children under 13 on our Site without first obtaining verifiable consent from the child’s parent or guardian. NOTICE: Visit https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online for information from the Federal Trade Commission about protecting children’s privacy online.
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Your California Privacy Rights. Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personally Identifiable Information, such as name, e-mail and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact Customer Service at the e-mail address and/or telephone number provided on our Site or write to us (with a reference to California Privacy Disclosure Information) at the address listed on our Site. We will endeavor to respond to such requests for information access within 30 days following receipt at the e-mail or mailing address stated above. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time, but not to exceed 150 days from the date received. Please note that we are only required to respond to each customer once per calendar year.
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We treat the data of everyone who comes to our Site in accordance with this privacy policy, whatever their “Do Not Track” setting.
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This privacy policy was last updated November, 2020.