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.
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.
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.
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.
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.
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.
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.
We have not reviewed all of 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.
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.
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.
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.
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.
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 of time, 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 particular 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.
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.
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.
Web Analytics Tools, Cookies and Web Beacons.
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.
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.
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 of time 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.
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.