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Terms and Privacy

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by OnPoint Mentors LLC (which includes OnPoint World Group, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

  1. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. Your continued use of the Website and Mobile Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

  1. The Site may be used to connect you with a Consultant, Coach or Mentor (“Consultants”) who will provide services to you through the Site (“Consulting Services”).

The Consultants are independent providers who are neither our employees nor agents nor representatives. The Site’s role is limited to enabling the Consultant Services while the Consultant Services themselves are the responsibility of the Consultant who provides them. If you feel the Consultant Services provided by the Consultant do not fit your needs or expectations, you may change to a different Consultant who provides services through the Site.

While we hope the Consultant Services are beneficial to you, you understand, agree and acknowledge that they may not be the appropriate solution for everyone’s needs and that they may not be appropriate for every particular situation and/or may not be a complete substitute for a face-to-face consultation and/or care in every particular situation.

IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING HARMING YOURSELF OR OTHERS OR IF YOU FEEL THAT ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER (911 IN THE US) AND NOTIFY THE RELEVANT AUTHORITIES. SEEK IMMEDIATE IN PERSON ASSISTANCE. THE SITE IS NOT DESIGNED FOR USE IN ANY OF THE AFOREMENTIONED CASES AND THE CONSULTANTS CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE AFOREMENTIONED CASES.

THE SITE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND YOU SHOULD NOT USE IT IF YOU NEED ANY OFFICIAL DOCUMENTATION OR APPROVALS FOR PURPOSES SUCH AS, BUT NOT LIMITED TO, COURT-ORDERED COUNSELING OR EMOTIONAL SERVICE DOG CERTIFICATION. IT IS ALSO NOT INTENDED FOR ANY INFORMATION REGARDING WHICH DRUGS OR MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE IF DELIVERED THROUGH THE SITE.

DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE SITE.

 

  1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by OnPoint Mentors LLC, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company, and in the case of Content provided by third-parties, the express permission of said third party. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

 

  1. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

 

  1. All trade names, trademarks, and images and biographical information of people used in the Content and contained in the Site, including without limitation the name, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
  2. You hereby confirm that you are legally able to consent to receive Services, or have the consent of a parent or guardian, and that you are legally able to enter into a contract.
    1. You hereby confirm and agree that all the information that you provided in or through the Platform, and the information that you will provide in or through the Platform in the future, is accurate, true, current and complete. Furthermore, you agree that during the term of this Agreement you will make sure to maintain and update this information so it will continue to be accurate, current and complete.
    2. You agree, confirm and acknowledge that you are responsible for maintaining the confidentiality of your password and any other security information related to your account (collectively "Account Access"). We advise you to change your password frequently and to take extra care in safeguarding your password.
    3. You agree to notify us immediately of any unauthorized use of your Account Access or any other concern for breach of your account security.
    4. You agree, confirm and acknowledge that we will not be liable for any loss or damage that incurred as a result of someone else using your account, either with or without your consent and/or knowledge.
    5. You agree, confirm and acknowledge that you are solely and fully liable and responsible for all activities performed using your Account Access. You further acknowledge and agree that we will hold you liable and responsible for any damage or loss incurred as a result of the use of your Account Access by any person whether authorized by you or not, and you agree to indemnify us for any such damage or loss.
    6. You agree and commit not to use the account or Account Access of any other person for any reason.
    7. You agree and confirm that your use of the Platform, including the Consultant Services, are for your own personal use only and that you are not using the Platform or the Consultant Services for or behalf of any other person or organization.
    8. If you receive any file from us or from a Consultant, whether through the Platform or not, you agree to check and scan this file for any virus or malicious software prior to opening or using this file.
    9. You confirm and agree to use only credit cards or other payment means (collectively “Payment Means”) which you are duly and fully authorized to use, and that all payment related information that you provided and will provide in the future, to or through the Platform, is accurate, current and correct and will continue to be accurate, current and correct.
    10. If you have any concerns about a bill or a payment, please contact us immediately by sending an email to [email protected]. We will evaluate your issue on a case by case basis and, at our discretion, take steps to resolve any issue, including but not limited to helping you find a new Consultant when applicable.

 

  1. You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

Additionally, you agree not to:

 

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

 

  1. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

 

  1. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.

 

  1. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

 

  1. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

 

  1. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, (see in this document). If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

 

  1. PURCHAES:

 

  1. BY INSTITUTING A PURCHASE OF ANY PRODUCT VIA THE SITE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 21 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS INCLUDING THE COMPANY TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTITUTE ANY PURCHASE OF ANY CONTENT OR SERVICES.

 

  1. You shall pay Company the fees for the products selected via the Site as set forth on the Site at time of checkout (each, a “Payment Transaction”).  

 

  1. You shall pay all denoted fees at a time of checkout, or upon the renewal billing date in the case of recurring payments for monthly or yearly subscriptions as denoted at the time or purchase.

 

  1. Scope: As used herein, the words “bank account” refer to the account held by a bank, securities firm, or other financial institution from which payment will be made when you make a Payment Transaction. The words “your bank” mean the bank, securities firm, or other financial institution that holds your account and/or issued your credit or debit card. Making a Payment Transaction will enable you to pay your account(s) online through the Site. Company, in its sole discretion, may refuse this payment option service, and specific payment methods, to anyone or any user without notice for any reason at any time.

 

  1. Payment Authorization (Including Automatic Payments): To make a Payment Transaction, including automatic payments, you must designate a valid major credit card or debit card (“Payment Method”). Each time you initiate a Payment Transaction, you authorize Company or their agent to debit and/or charge you Payment Method in the amount of the Payment Transaction, on the date(s) specified (“Billing Date”) of the month(s) of payment according to the schedule (one-time or recurring) that you have affirmatively elected to enroll in for their account at the time of purchase. Your Payment Transactions are payable in U.S. dollars. By paying using the designated Payment Method, you agree that: (a) you have read this Agreement, and that this Agreement constitutes a “writing signed by you” under any applicable law or regulation; (b) you consent to the electronic delivery of the disclosures contained in this Agreement; (c) you authorize Company (or its agent) to make any inquiries the Company considers necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases; and (d) you authorize the financial institution that holds your Payment Method to debit your debit card, and/or charge your credit card, and to initiate any debit or credit entries to your Payment Method account in the amount of such payments or corrections.

 

  1. Any request or order to settle or make a Payment Transaction shall require Company’s confirmation of acceptance and may also require additional verification or information from you before acceptance by Company. Company utilizes third party payment processors, and you hereby agree that Company may charge your chosen payment method for any Payment Transaction and for any applicable taxes. You agree to pay all charges incurred by you in connection with any credit card, debit card, or other payment method utilized in connection with a Payment Transaction with Company. The Company does not assess fees or interest to a consumer’s balance throughout the period of active repayment (except those awarded by a court upon agreement with the consumer or after due process of law); however, missed payments will invalidate any agreed upon arrangement and may result in immediate cessation of the Services or blocking of access to Content.

 

  1. Third Party Processors. You acknowledge and agree that you are responsible for compliance with any third party payment processor’s terms and conditions and may be required to establish an account with a third party payment service provider in order to complete a Payment Transaction. You may also be required to abide by additional instructions from and to agree to further terms and conditions with Company regarding payment, retrieving data, and receiving other services. If there is a conflict between this Agreement and such other or third party terms and conditions, this Agreement shall control as it relates to the subject matter of this Agreement. The Company currently uses Kajabi and Vectera and their terms and conditions are found at https://kajabi.com/ and https://www.vectera.com/home.

 

  1. Current Information. It is your responsibility to make sure that your Payment Method information and contact information are current at all times during the term of the payment plan you specifie in your Payment Transaction.

 

  1. Customer Service: Payment Transactions that Company process using your Payment Method, will be identified as “[BILLING STATEMENT NAME]” (or similar identifier) on the statement issued by your bank or other financial institution holding your account. All questions relating to any transactions made using your debit or credit account by Company should be initially directed to the Company. Save the payment confirmation that you are provided when you make a payment, and check it against your applicable account statement. You may contact Company regarding any payments made using your debit or credit account or other method by emailing Company at [email protected].

 

  1. Transaction Errors and Advisability of Prompt Reporting: If you believe that any Payment Transaction initiated by Company (or its agent) with respect to your credit or debit account is erroneous, or if you need more information about any such transaction, you should contact Company as soon as possible. You should notify the Company at once if you believe the password associated with your account has been lost or stolen, or if someone has attempted (or may attempt) to make a transfer from your bank account to complete a payment using your account without your permission. The Company reserves the right to cancel the ability to pay using the Site for any reason at any time. You should contact your bank for the Payment Method.

 

  1. Our Liability for Improper Transactions or Payments: Federal law limits your liability for any fraudulent, erroneous unauthorized transaction from your credit or debit account based on how quickly you report it to your financial institution. As general rule, you should report any fraudulent, erroneous or unauthorized transactions to your bank within 60 days after the questionable transaction FIRST appeared on Customer’s bank account statement. You should contact your bank for more information about the policies and procedures that apply to your account and any unauthorized transactions, including any limits on your liability. The Company will not be liable to you in the following instances:
  • If, through no fault of Company, your account does not contain enough money to complete the transaction;
  • If the funds in your account are subject to legal process or other encumbrance restricting the transaction; or
  • If circumstances beyond the Company’s control (such as fire or flood) prevent the transaction, despite reasonable precautions that the Company has taken.

 

  1. Disclosure of Payment Information to Third Parties. To protect Customer’s privacy, the Company will not disclose any information about your online payments transactions to any person, except as follows:
  • as necessary to complete transactions;
  • to validate or verify the existence and condition any dispute involving payment, including with a third party, such as a financial institution or credit bureau (or, for Massachusetts residents, a consumer reporting agency as defined in chapter 93 of the Massachusetts General Laws);
  • to comply with government agency or court orders;
  • to Company employees, auditors, service providers, attorneys, or collection agents in the course of their duties;
  • to persons authorized by law in the course of their official duties; or
  • if you give Company written permission.

 

  1. Late Payment. If you fail to make any recurring payment when due then, Company may suspend access to the Content and Services until all past due amounts have been paid, without incurring any obligation or liability to you or any other Person by reason of such suspension.

 

  1. No Refunds, Deductions or Setoffs. All amounts payable to Company under this Agreement shall be paid by you to Company in full without any setoff, recoupment, counterclaim, deduction, debit, or withholding for any reason. For any subscription, no refund will be provided for any Term of the subscribed services ordered, even if such subscription it terminated before the end of the then current Term of the subscription.

 

  1. Fee Increases. Company may increase fees for any contract Term by providing notice at least 30 calendar days prior to the increase in fees.

 

  1. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.

 

THE CONTENT AND GUIDANCE AND OPINIONS POSTED BY ANY MENTORS ON THIS SITE ARE ENTIRELY THOSE THE MENTORS MAKING SUCH POSTS, AND COMPANY MAKES NO REPRESENTATIONS WARRANTIES REGARDING SUCH CONTENT GUIDANCE AND OPINIONS, NOR DOES THEIR PRESENCE ON THE WEBSITE INDICATE APPROVAL OR ENDORSEMENT BY THE COMPANY.

 

THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL; AND FACTORS BEYOND YOUR CONTROL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL.

 

THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

 

  1. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

 

  1. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

 

  1. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

 

  1. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Denver, Colorado. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Last Updated: June 1, 2020

 

If you are in a crisis or any other person may be in danger - don't use this site. The resources below can provide you with assistance.

 

United States

Emergency: 911
National Domestic Violence Hotline: 1- 800-799-7233
National Suicide Prevention Lifeline: 1-800-273-TALK (8255)
National Hopeline Network: 1-800-SUICIDE (800-784-2433)
Crisis Text Line: Text "DESERVE" TO 741-741
Lifeline Crisis Chat (Online live messaging): https://suicidepreventionlifeline.org/chat/
Self-Harm Hotline: 1-800-DONT CUT (1-800-366-8288)
Family Violence Helpline: 1-800-996-6228
Planned Parenthood Hotline: 1-800-230-PLAN (7526) 
American Association of Poison Control Centers: 1-800-222-1222
National Council on Alcoholism & Drug Dependency Hope Line: 1-800-622-2255
National Crisis Line - Anorexia and Bulimia: 1-800-233-4357
GLBT Hotline: 1-888-843-4564
TREVOR Crisis Hotline: 1-866-488-7386
AIDS Crisis Line: 1-800-221-7044
Veterans Crisis Line: https://www.veteranscrisisline.net
TransLifeline: https://www.translifeline.org - 877-565-8860
Suicide Prevention Wiki:
 http://suicideprevention.wikia.com

 

UK & Republic of Ireland

Emergency: 112 or 999
Non-emergency: 111, Option 2
24/7 Helpline: 116 123 (UK and ROI)
Samaritans.org: https://www.samaritans.org/how-we-can-help-you/contact-us
YourLifeCounts.org: https://yourlifecounts.org/find-help/

 

Argentina

Emergency: 911
Recuerde siempre que si usted esta en una situación de emergencia debe comunicarse con los teléfonos: *107 (SAME-Sistema de Atención Medica de Emergencia), *911 (Emergencia policial), para atención telefónica inmediata. Si desea orientación telefónica a familiares y amigos, déjenos su mensaje y teléfono. Nos comunicaremos con usted.
Argentina Suicide Hotline: +5402234930430

Spain

Emergency: 112
Telefono De La Esperanza - 717-003-717  - http://telefonodelaesperanza.org/llamanos

Australia

Emergency: 000
Lifeline.org: https://www.lifeline.org.au/Get-Help/Online-Services/crisis-chat
LifeLine Australia: 1-300-13-11-14
YourLifeCounts.org: https://yourlifecounts.org/find-help/
Beyond Blue https://www.beyondblue.org.au/get-support/get-immediate-support

China

Emergency 110 
Beijing Suicide Research and Prevention Center http://www.crisis.org.cn/ 800-810-1117 (landline) or 010-8295-1332 (mobile and VoIP callers)
Shanghai Mental Health Center http://www.smhc.org.cn/
Lifeline Shanghai https://www.lifeline-shanghai.com/

Canada

Emergency: 911
Hotline: 1-888-353-2273
YourLifeCounts.org: https://yourlifecounts.org/find-help/
Crisis Services Canada: http://www.crisisservicescanada.ca/en/
Canadian Association for Suicide Prevention https://suicideprevention.ca/need-help/

South Africa

Emergency: 10 111 for police or 10 177 for an ambulance
24hr Helpline: 0800 12 13 14 or SMS 31393 (and we will call you back)
Depression and Anxiety Helpline: 0800 70 80 90
YourLifeCounts.org: https://yourlifecounts.org/find-help/

New Zealand

Emergency: 111
Lifeline 24/7 Helpline: 0800 543 354
Suicide Crisis Helpline: 0508 828 865 (0508 TAUTOKO)
YourLifeCounts.org: https://yourlifecounts.org/find-help/

India

Emergency: 112

Sneha India (http://www.snehaindia.org) is available 24/7 on the phone by calling 91 44 24640050

Germany

Emergency: 112
Hotline: 800 111 0111
Hotline: 0800 111 0222
YourLifeCounts.org: https://yourlifecounts.org/find-help/

Finland

Emergency: 112
Crisis Line: 010 195 202

 

 

 

Privacy Policy

OnPoint Mentors LLC (the “Company”) respects the privacy concerns of the users of its website, www.kajabi.com and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.

Your use of the Company’s services and this site are also governed by those of Kajabi, LLC, a California limited liability company. Please also review the Kajabi® website Terms of Use at https://newkajabi.com/policies/terms/ and Privacy Policy https://kajabi.com/policies/privacy which also govern use of this Site.

Information we may collect.

  1. Information You Provide to Us. Information of this type (“Personal Data”) is information that can be used to personally identify You. This information includes:

Registration Information. When you sign up for an account or use the Services, you give us your name, email address, phone number, credit card information, age, and any other information deemed relevant. If you decide to sign up for the Services through your place of business or through a third party account, we will also get basic information from that third party profile, which may include like your name, gender, profile photo, and contacts.

Survey Profile Information. When you complete a survey or provide additional information related to the Services. If you provide additional survey information you may share information and facts about yourself. Filling out a survey is optional, and you can share as little or as much as you want.

Payment Method. If you add a credit card or payment method to your account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.

Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our customer support team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.

Content. If you choose to post a review or other content to our Service, we will receive the contents of that post and any other information you choose to provide.

  1. Information We Collect When You Use the Website. As is true of most websites, we automatically collect certain information when you visit our Website. Information of this type (“Traffic Data”) is anonymous information that does not personally identify you but is helpful for us to improve the business performance and user experience of the Website. This information includes:

Location information. This is the geographic area where you use your computer and mobile devices (as indicated by an Internet Protocol “IP” address or similar identifier) when interacting with our Website, software, and/or Services. We may collect precise location data from your device when the app is running in the foreground or background. If you label certain locations, such as “home” or “work,” we receive that information too. Your location information is necessary in order for us to provide the Services.

Log data. As with most websites and technology services delivered over the internet, our servers automatically collect data when you access or use our Website, software, and/or Services and record it in log files. This log data may include the IP address, browser type and settings, the date and time of use, information about browser configuration, language preferences, and cookie data.

Usage information. This is information about the Website or Services you use and how you use them. We may also obtain data from our third-party partners and service providers to analyze how users use our Website and Services. For example, we will know how many users access a specific page on the Website and which links they clicked on. We use this aggregated information to better understand and optimize the Website.

Device information. These are data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), the application installations, operating system, phone carrier and manufacturer, mobile advertising identifiers, push notification tokens, as well as unique device identifiers for devices that are using our software.

Cookies. Data obtained from cookies are described in the section titled Use of Cookies below.

Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Site.

The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by the Company only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site. The Company may also share such information with our business and promotional partners to further those interests. Personally identifiable information is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.

The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Site, or anyone else that could be harmed by such activities.

The Company may also be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Please also note that third-parties who provide and/or publish content via the Company’s Kajabi® Service shall be deemed the data controllers for any personal data contained in the content uploaded by any such party to the Company’s Kajabi® Service (“Third-Party Content”) and any other personal data processed in relation to such Third-Party Content. This privacy policy only concerns the processing for which the Company is data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider responsible for such Third Party Content.

Children Age 16 and Under: The Company recognizes the special obligation to protect personally identifiable information obtained from children age 16 and under. AS SUCH, IF YOU ARE 16 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. If the Company discovers that a child age 16 or younger has signed up on the Site or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.

Kajabi nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:

  • Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.
  • Know the sites your kids are visiting and which sites are appropriate.
  • Look for Website privacy policies. Know how your child’s information is treated.
  • Check out the FTC’s site for more tips on protecting children's privacy online

Use of Cookies: Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Site, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.

Kajabi uses the following cookies on the Site:

Cookie

Name

Purpose

_kjb_session

Kajabi session cookie

Tracks your active admin session so you don't need to re-login

kjba

Kajabi affiliate token

Tracks which affiliate has referred an offer purchase

_abv

Admin bar hidden

Tracks whether the user wishes their admin previewing bar to be hidden

 

Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software. Please keep in mind that while we take reasonable precautions to safeguard your Personal Data no amount of protection can guarantee its security. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Data, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

If we learn of a security system breach, we may attempt to notify you and provide information on protective steps, if available, through the email address that you have provided to us or by posting a notice on the Website. Depending on where you live, you may have a legal right to receive such notices in writing.

Links to External Sites: The Company is not responsible for the content or practices of third party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.

Bulletin Boards and Chat Areas: Guests of the Site are solely responsible for the content of messages they post on the Company’s forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at [email protected], including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.

Transfer of Information Across National Borders: Our site and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Site and/or our services, personal information about you may be transferred outside the country in which you are situated to these other locations. The Company’s policies ensure that such personal information is protected to the same standard when processed by any Company entity or office around the world. We also ensure that appropriate contracts containing standard data protection clauses approved by the European Commission to protect that information and the rights of individuals are in place with any and all third-party service providers we may use.

Your Access to and Control Over Your Personally Identifiable Information: At any time, but only once per calendar year, or as otherwise required under applicable law, users may contact Company to review the personally identifiable information that Company has collected about you. If you discover any errors, please notify Company and the information will be corrected. To review the personally identifiable information that company has collected about you, please send an email to [email protected] with the subject line: “Personal Information Review Request.” Users may also request that Company delete a user account(s) or, if you have not established a user account, your email address, and any related data at any time. If you wish to delete your user account(s), please email us at [email protected] with the words “Delete Account” in the subject line. If you do not have a user account and wish to delete your email address or other personally identifiable information that you might have provided through your use of the Site, and/or any Services, please email us [email protected] with the words “Delete My Information” in the subject line.

You may also choose to confirm that the Company does not use your personal information in certain ways and/or to otherwise “opt out” of certain uses of that personal information, including without limitation (i) when your personal may to be disclosed to a third party unrelated to the Company and/or parties directly related to providing your Services and/or (ii) when your personal information may be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. If you wish to limit your personal data in either such way, or have other questions about how the Company may use your personal data, please contact us [email protected] with the words “Privacy Request” in the subject line.

FOR EEA USERS. This Privacy Policy is intended to provide adequate and consistent safeguards for the handling of personal information BrewStubs uses, processes, and stores Personal Data, including those listed in the “Information We May Collect” section, as necessary to perform our contract with you, and based on our legitimate interests in order to provide the Website and Services. We rely on your clear and unequivocal consent for the processing, collection and transfer of Personal Data. Personal Data may be used to send promotional emails and to place cookies on your devices. In some cases, we may process Personal Data pursuant to legal obligation or to protect your vital interests or those of another person.

WHAT RIGHTS DO EEA USERS HAVE, AND HOW TO EXERCISE THEM? Individuals located in the EEA have certain rights in respect to their personal information, including the right to access, correct, or delete Personal Data we process through your use of the Website. If you’re a user based in the EEA, you can:

  • Request a Personal Data report by submitting an email to [[email protected]. This report will include the Personal Data we have about you, provided to you in a structured, commonly used, and portable format. Please note that we may request additional information from you to verify your identity before we disclose any information.

 

  • Have your Personal Data corrected or deleted. Some Personal Data can be updated by you: You can update your name and email address, as well as language preference, through your individual account settings. You can also remove your Personal Data from our Website by deleting your account.

 

  • Object to us processing your Personal Data. You can ask us to stop using your Personal Data, including when we use your Personal Data to send you marketing emails. We only send marketing communications to users located in the EEA with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within our emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.

 

  • Complain to a regulator. If you’re based in the EEA and think that we haven’t complied with data protection laws, you have a right to lodge a complaint with your local supervisory authority.

If you have other questions or do not have an account with us, contact us by email: [email protected]. If you believe that we have not adhered to this Privacy Policy in connection with the transfer of your personal information to the United States, please contact us by e-mail at [email protected]. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

Your California Privacy Rights: If you are a California Consumer, Onpoint Mentors LLC’s Privacy Notice for California Residents [LINK] applies to you.

Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact:

Via email: [email protected]

or 

Via regular mail: 

OnPoint Mentors LLC

ā€ØAttn: Privacy Policy/Legalā€Ø 
1630A 30th St., #602, Boulder, CO 80301

Information provided by you via general e-mail inquiries to the Company such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.

If you are a resident of the EU and have an unresolved data privacy concern or personal information collection, use, or disclosure concern, you may file a complaint/inquiry with us at:

Security/How Your Personally Identifiable Information Is Protected: Security for all personally identifiable information is extremely important to us. We have implemented technical, administrative and physical security measures to attempt to protect your personally identifiable information from unauthorized access and improper use. We also protect your personally identifiable information offline. Only employees who need the information to perform a specific job (for example, customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. We continually review all such measures and update them when appropriate. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to Company, you accept that you do so at your own risk.

Your Acceptance of These Terms: By using the Site, you accept the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use the Site. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Online Privacy Policy to which you are bound.

Last Updated: June 1, 2020

 

OnPoint Mentors LLC Privacy Notice for California Residents

Effective Date: 6/1/2020

This Privacy Notice for California Residents supplements the information contained in OnPoint Mentors LLC's Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

Information We Collect

Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA's scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, our Website hascollected the following categories of personal information from its consumers within the last twelve (12) months:

 

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

YES[1]

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

NO

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

YES

Our Website obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website.
  • From any mentors or clients that you engage with through our Website.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

  • Service providers.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company [has not disclosed personal information for a business purpose/has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.

Sales of Personal Information

In the preceding twelve (12) months, Company has not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:
    • CAPTCHA identification.
    • ID verification.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

 

[HYPERLINKED URL with the title "Do Not Sell My Personal Information"[2]]

 

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by:

 

[OPT-IN INSTRUCTIONS OR URL LINK]

 

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

 

[1] I’m not certain if you collect info from this category.

[2] Make this a functional link. I recommend you captcha gate it so that automated systems cannot use the linke.

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