1. BINDING AGREEMENT
This Agreement is a binding legal contract between Earnware Corporation DBA WellnessPursuits.com (also referred to as “Publisher,” “we,” “us,” or “our”) and the end user (“User,” “you,” or “your”) that governs your use of one or more of Publisher’s emails and online properties, including, without limitation, all content such as text, information, images, applications and audio (collectively, “Content”) and all services (“Services”) made available to you through the Publisher by us and/or third-parties (this website and the Content and Services are collectively referred to herein as the “Site”). Site refers to the pages within the Publisher’s websites and emails.
By using Publisher’s Site, Content and/or Services in any manner whatsoever, you indicate your conclusive acceptance of this Agreement. If you do not agree to this Agreement, do not access or use this Site in any manner whatsoever.
2. MEDICAL INFORMATION DISCLAIMER:
THE INFORMATION PRESENTED BY THIS PUBLISHER IN E-MAIL AND ONLINE WEB PAGES IS FOR ENTERTAINMENT, EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS QUALIFIED HEALTH OR MEDICAL ADVICE. ANY ACTION YOU TAKE ON THE BASIS OF THIS INFORMATION IS SOLELY AT YOUR OWN RISK AND EXPENSE. READERS ARE ADVISED TO CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL ABOUT ANY ISSUE CONCERNING THEIR HEALTH AND WELLNESS.
3. EMAIL FROM THIS PUBLISHER
Users may subscribe or unsubscribe easily. If you have received an email newsletter or third-party email promotion from this Publisher and you wish to be removed from the list, please unsubscribe or opt-out by clicking on the unsubscribe or opt-out link found on the footer of every email sent by this Publisher. Please do not simply click “report as spam” or delete the email if you wish to remove yourself from our lists, as this does not remove you from the list effectively. Only the official unsubscribe link on the footer of the email itself or a manual removal by an official email administrator will add you to our permanent Do Not Email list ensuring you will no longer receive any further communications from the Publisher. Additionally or alternatively, if you wish to contact Publisher via postal mail,
you may write and mail to the following address:
WebHub, Inc. DBA WellnessPursuits.Com
3231 Business Park Dr., Ste. 237
Vista, CA 92081 – USA
Electronic unsubscribe requests take effect immediately. If you wish to unsubscribe through other methods of contact, please allow up to 10 business days to process requests manually.
Keep in mind if you opt-in to another website property we operate using a different email address, you may still receive materials from us at that new address.
4. YOUR USE OF CONTENT
The Content within the Site includes copyrighted works proprietary to us or to third-parties who have provided us with Content (“Content Providers”). You may download and print a single copy of the Content solely for your internal non-commercial use, provided that such Content must not be altered in any way and must contain all copyright and proprietary rights notices that accompany such Content. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU AND YOUR SUBSCRIBER OR EMPLOYER TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.
RSS feeds of content headlines, limited text and a source link (“RSS Content”) are available for downloading and displaying in their original form. You must use the RSS feeds as provided by Publisher, and you may not edit or modify the text, content or links supplied by Publisher which link the reader to access the original full length article on Publisher’s site (“Source Content”). The RSS Content may only be used with platforms that display a functional link that when accessed, takes the viewer directly to the Source Content on Publisher’s own site. You may not use RSS Content in a way that does not directly link to the Source Content on Publisher’s site, including the use of redirect links, intermediate pages, splash pages, or other means that are not directly linking to the original Source Content on Publisher’s site.
5. INTELLECTUAL PROPERTY OWNERSHIP
You agree that we (or our Content Providers) own all worldwide rights, titles and interests in and to the Site and all intellectual property rights therein. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by this Agreement.
6. INTERACTIVE AREAS
You may be permitted to access and use the user generated content systems such as discussion forums, commenting systems, rating and review systems, blogging systems, and other forms of electronic communications available through the Site (“Interactive Areas”). If you participate in or use any Interactive Area, you are responsible for your own communications and the consequences of posting your communications.
If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the content you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws.
You also expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Site, or used for purposes of delivering the Content or the Services (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Site, computer systems or networks connected to the Site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the Site.
When posting a review or rating about anything listed on the Site, your comments must be specific, written from your personal experience and intended to help other users of the Site make more informed decisions. Any generalized attempt to damage the reputation of any product, service or business listed on the Site may be removed at our sole discretion and you may be held personally liable by the individual or entity your comments affect.
We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine at our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our Site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN ANY PART OF THIS SITE INCLUDING ITS INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
You hereby grant to this Publisher a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Areas by all means and in any media now known or hereafter developed for any use or purpose.
7. ADVERTISEMENTS AND LINKS
This Publisher’s Content includes advertisements and other types of links to third-party websites including but not limited to co-branded links, links to services, references and promotions in Content. These third-party websites are not under this Publisher’s control and we are not responsible for any linked third-party websites or for the content, products and/or services they provide. YOUR USE OF LINKED THIRD-PARTY WEBSITES IS AT YOUR RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. UNLESS EXPRESSLY STATED BY US, WE DO NOT RECOMMEND OR ENDORSE THE CONTENT, PARTICULAR PRODUCTS, SERVICES OR WEBSITES OF ANY THIRD-PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH CONTENT, PRODUCT, SERVICE, OR WEBSITE MAY BE ACCURATE, NECESSARY OR APPROPRIATE FOR YOU OR FOR YOUR USE.
This Publisher uses third-party advertising companies to provide banner ads, links and text-based advertisements which are presented in various parts of the Publisher’s content. Advertising companies may use information about your visits to this and other Websites in order to provide more targeted advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
8. GENERAL DISCLAIMERS
THE SITE IS PROVIDED TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF PUBLISHER AND ITS SUPPLIERS. ACCORDINGLY, PUBLISHER ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
9. EXCLUSION OF DAMAGES
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of the terms of this Agreement, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your IDs.
11. YOUR PRIVACY
12. ENTIRE AGREEMENT
Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and your right to access and use the Site, or any part thereof, at any time, with or without cause. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Site. The following sections of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever: Intellectual Property Ownership, General Disclaimers, Exclusion of Damages, Indemnity, Entire Agreement, Termination, and Other. We reserve the right to discontinue or make changes to the Site at any time.
14. ASSIGNMENT AND ENFORCEMENT
We may assign this Agreement, in whole or in part, at our sole discretion. You may not assign your rights under this Agreement without our prior written permission. Any attempt by you to assign your rights under this Agreement without our permission shall be void. The waiver by us of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect.
15. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
This Publisher respects the intellectual property of others. We cannot possibly monitor all the user generated content on the website and have no responsibility to do so. If you believe that another user has posted your copyrighted work in a way that is accessible on the Site and constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide the following information to our legal agent:
A full description of the copyrighted work that you claim has been infringed; the URL where the material that you claim is infringing is located on the site; your name, address, telephone number, and e-mail address; a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
Publisher’s legal agent can be reached as follows:
By e-mail: email@example.com
By postal mail:
WebHub Legal Agent
3231 Business Park Dr. Ste. 237
Vista, CA 92081 USA
In the event you are able demonstrate ownership of copyrighted content which you did not authorize another user to publish, and you wish for the content to be removed, Publisher will remove the copyrighted content from the site or if authorized may modify the content to indicate its proper owner including a link to the original owner’s website.
16. RIGHT TO REVISE AGREEMENT AT ANY TIME
We may revise this Agreement or this Site at any time at our sole discretion without notice. An amended form of Agreement will be effectively immediately upon its posting on this Site. You are responsible for reviewing the most current form of this Agreement before using this Site to ensure that you agree to any revisions to this Agreement. If at any time you do not agree to the revisions we make to this Agreement or this Site, you should immediately stop accessing or using this Site in any manner whatsoever. Your continued use of this Site means that you accept those revisions. You agree that these standards for notice and acceptance of amendments to this Agreement and this Site are reasonable.
If you have additional questions about this policy, please contact Publisher from the “Contact Us” page of the Publisher’s website.
Applicable to and including all websites related to, owned by or registered to this Publisher:
This Publisher, its domains, sub-domains, sub-directories, additional pages, or promotional assets under the control of the Publisher, its subsidiaries or affiliated companies (including but not limited to those using using any registered dba) is committed to protecting your privacy.
By accessing this Site, you are consenting to the information collection and use practices described in this policy as well as the Acceptable Use Policy.
Information Collection, Use, and Dissemination Practices:
This policy applies to Publisher’s collection, use, storage and disclosure of information by Publisher (a) on its websites, including all its divisions, subsidiaries and related companies (collectively, the “Websites”), (b) on various third-party websites, and (c) to Publisher’s other information collection, including the purchase of customer lists from third parties, or the use of customer lists from third-parties. The Publisher is not responsible for the information collection or privacy practices of third party-websites or applications.
1. Collection of Information.
1.1. User Direct Information:
Each time you provide information to Publisher on any Website page owned, operated or controlled by the Publisher, request information on any site, or submit any other form of inquiry, send us an email, subscribe to a newsletter, redeem an offer or otherwise transmit information via the site in any way, Publisher may obtain and collect personally identifiable information provided by you, including, but not limited to, your name, email address, mailing address, social security number, credit card information, telephone number, or any other form of data that you submit, including your user agent information, a cookie, IP address, a time-date stamp and potentially more information may be collected and recorded to a backup file for our records indefinitely.
You may also provide us with information that, when combined with personally identifiable information, provides the Publisher with a better idea of who you are, including but not limited to your gender, birthday, marital status, and education level (collectively referred to as “personal information”). If you choose to access our Site, use our Services or purchase our products, we may require you to provide personal information as indicated on the forms throughout the Site.
1.2. Survey Information:
Publisher collects information from you when you voluntarily complete a survey, order form, or a registration page either online by using the internet, or offline by providing this information through the mail, in person or using a telephone. This information may also be collected by surveys, order forms, or registration pages operated by third-parties. This method of collection is collectively known as a survey (“Survey”). In such Surveys, the Publisher or a third-party may ask you to provide personal identifiable information Including your name, email address, street address, zip code, telephone numbers (Including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, social security number, employment information, personal and online interests, and such other information as may be requested from time to time. The Publisher may also collect such information concerning you from another source and use that information in combination with information provided from this website. Completing the Surveys is completely voluntary, and you are under no obligation to provide Survey Information to Publisher or any third-party.
1.3. Third-Party List Information:
Publisher may collect information from you or about you when you provide information to a third-party and Publisher subsequently purchases, licenses, or otherwise acquires the information from the third-party. Such purchased information may include, but is not limited to, your name, email address, street address, zip code, telephone numbers (Including cell phone numbers and carriers), birth date, gender, salary range, education and marital status, occupation, industry of employment, personal and online interests, and such other information as the individual may have provided to the third-party. When acquiring this information, Publisher seeks assurances from the third-party that it has a right to transfer the information to Publisher and that the third-party has a right to provide offers from advertisers to you included on the third-party list.
1.4. Cookies, Web Beacons, and Other Info Collected Using Technology:
Publisher currently uses cookie and web beacon technology to associate certain Internet-related information about you with information about you in its database. Additionally, Publisher may use other new and evolving sources of information in the future.
(b) Web Beacons: A web beacon is a programming code that can be used to display an image on a web page, but can also be used to transfer your unique user identification to a database and associate you with previously acquired information about an individual in a database. This allows Publisher to track certain websites you visit. Web beacons are used to track online behavioral habits for marketing purposes to determine products or services you may be interested in. In addition to using web beacons on web pages, Publisher also uses web beacons in email messages sent to individuals listed in Publisher’s database.
(c) IP Addresses: Publisher automatically tracks certain information based upon your behavior on the Site. We may use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve you and our community. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you next go to (whether this URL is on the Site or not), your computer browser information, and your IP address. Your Internet Protocol (“IP”) is a unique Internet “address” which is assigned to you by your Internet Service Provider (“ISP”). For local area network (“LAN”), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. IP addresses are automatically logged by web servers, collecting information about a user’s traffic patterns. While the IP address does not identify an individual by name, it may, with the cooperation of the ISP, be used to locate and identify an individual using the web. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using. Finally, other websites you visit have IP addresses, and we may collect the IP addresses of those websites and their pages.
(e) Data Analysis: Data analysis technology may be employed from time to time if used by a client of Publisher.
(f) New Technology: The use of technology on the internet, Including cookies and web beacons, is rapidly developing. As a result, Publisher strongly encourages individuals to revisit this policy for any updates regarding its use of new technology.
1.5. No Information Collected from Children:
Publisher will never knowingly collect any personal information about children under the age of 18. If Publisher obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted from its database. Because it does not collect such information, Publisher has no such information to knowingly use or to disclose to third-parties. Publisher has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).
1.6. Credit Card Information:
Publisher may, in certain instances, collect credit card numbers and related information when an individual places an order from Publisher. When the credit card information is submitted to Publisher, such information is encrypted and is protected with SSL encryption software. Publisher will use the credit card information for purposes of processing and completing the purchase transaction, and the credit card information will be disclosed to third-parties only as necessary to complete the purchase transaction.
2. Use of Individual Information
The following section describes how Publisher uses personal information. The uses described in these sections may change at any time. Publisher may also broaden its use of your personal information. Publisher may also use your personal information to provide commercial promotional offers to individuals or entities through, among other things, email advertising, telephone marketing, direct mail marketing, banner advertising, SMS mobile and text messaging.
2.1. Discretion to Use Information:
The personal information collected on this Site and by third-parties will be used to operate the Site and to provide the Services or Products or carry out the transactions you have requested or authorized. Publisher may change or broaden its use of your personal information at any time. Publisher may use your personal information to provide promotional offers to individuals by means of email advertising, telephone marketing, direct mail marketing, online banner advertising, and package stuffers, and other possible uses. PUBLISHER MAY USE, SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD-PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE AT ITS SOLE DISCRETION.
Publisher may use your personal information to provide first and third-party advertisements and offers by email to you. Publisher may maintain separate email lists for different purposes. If you wish to end your email subscription from a particular list, you only need to press the unsubscribe link on the bottom or footer of any email message sent by this Publisher. Unsubscribe features also give users the control to permanently remove their email address from all lists used by Publisher. Because Publisher only sends emails when you have agreed to receive emails from Publisher or you have agreed to receive emails from third-parties, statutes requiring certain formatting for unsolicited email are not applicable to email messages sent by Publisher. Publisher is not responsible for any email sent by a third-party to whom it has sold, transferred or otherwise licensed email contact information. Publisher is indemnified by all third-parties who mail or email data collected by Publisher as licensing would include procedures to lawfully transfer your email information to them for CAN-SPAM compliant uses. If a third-party that is licensed to use your data for any legal reason is not in compliance, such activity is directly the responsibility of the entity mailing to your email address and should be addressed with the company or individual that owns the email address from which you received mail from.
2.3. Profiling and Target Advertising:
Publisher uses your information to make and improve profiles of you and to track your online browsing habits and determine which areas of Publisher’s websites are most frequently visited. This information helps Publisher to better understand your interests so that it can target advertising and promotions to you. Publisher may, at its discretion, target advertising by using email, direct mail, telephones, cell phones, and other means of communication to provide promotional offers.
2.4. Storage of Personal Information:
Publisher stores your information in a database on Publisher’s servers. Our servers have security measures (such as a firewall) in place to protect against the loss, misuse, and alteration of the information under Publisher’s control. Notwithstanding such measures, Publisher cannot guarantee that its security measures will prevent Publisher computers from being illegally accessed, and your information from being stolen or altered, and Publisher expressly disclaims responsibility or liability in the event of any damage resulting from such illegal activity by others.
3. Use of Personal Information.
3.1. Sale or Transfer to Third-Parties:
PUBLISHER MAY USE, SELL OR TRANSFER INDIVIDUAL INFORMATION TO THIRD-PARTIES FOR ANY LEGALLY PERMISSIBLE PURPOSE AT ITS SOLE DISCRETION. Publisher uses your personal information in the following (3) ways: Customer Service; Marketing; and Complying with the law.
3.2. Customer Service:
Publisher will use your personal information to respond to you, to process, validate and verify requests and/or purchase orders, to fulfill any of your requests and to tailor your experience on our Websites.
Publisher will use your personal information for any marketing and survey purpose on behalf of Publisher and its affiliates and subsidiaries to send information to you about additional goods or services that may be of interest to you. In addition, Publisher will disclose your personal information to third-party agents and independent contractors to help us conduct our marketing and survey efforts and to share with other companies in connection with marketing efforts, including but not limited to, direct marketing. You may have no relationship with these other companies.
3.4. Complying with Legal Processes:
Publisher will use or disclose your personal information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims, or in the event you violate or breach an agreement with Publisher. Publisher will use and disclose your personal information if we believe you will harm the property or rights of Publisher, its owners, or those of Publisher’s other customers. Finally, we will use or disclose your personal information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Publisher’s acceptable use policy, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
3.5. Order Fulfillment:
Publisher will transfer your personal information to third-parties when necessary to provide a Product or Service that you order from such third-party while using Publisher’s Websites or when responding to offers provided by Publisher.
3.6. Data Summary:
Publisher may sell or transfer non-individualized information, such as summary or aggregated anonymous information about all persons or sub-groups of persons.
4. Privacy Practices of Third-Parties
4.1. Advertiser cookies and web beacons:
Advertising agencies, advertising networks, and other companies who place advertisements on the Websites and on the internet generally may use their own cookies, web beacons, and other technology to collect information about individuals. Publisher does not control the use of such technology and Publisher has no responsibility for the use of such technology to gather information about you.
The Websites and email messages sometimes contain hypertext links to the websites of third-parties. Publisher is not responsible for the privacy practices or the content of such other websites. Linked Websites may contain links to websites maintained by third-parties. Such links are provided for your convenience and reference only. Publisher does not operate or control in any respect any information, software, products or services available on such third party websites. The inclusion of a link to a website or to an article or blog on a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
5. SMS, Wireless and Other Mobile Offerings:
Some of the services that we provide may result in sending an SMS, wireless or other mobile offering to your cell phone. These should be obvious in the context of the offering at the time you sign up. By signing up, you are agreeing to receive these mobile offerings. You understand that your wireless carrier’s standard rates apply to these messages. To unsubscribe or discontinue SMS messages, send “STOP”, “END”, “QUIT” to the SMS text message you have received. This process impacts only the future delivery of the particular SMS message offering, so you must send that message for each offering. This will not affect offerings sent on behalf of third-parties.
6. User Consumer Rights
For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov
SERVICE SUBSCRIPTION & EXPRESS CONSENT TO RECEIVE PHONE CALLS OR MESSAGES.
By subscribing, such act constitutes your express written consent to be contacted by us or our partner companies via prerecorded telephone message for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), and the Electronic Signatures in Global and National Commerce Act (15 USC §96), as amended from time to time. The calls you are agreeing to receive may describe goods and services which may be offered by third-parties and any goods or services described in the call are not sold by or through Publisher.
You are subscribing to receive calls only from Publisher and their partner third-party companies, and only at the specific number(s) you have provided to us if you did provide a number. Your consent will be effective if the number you have provided is a home, business, or mobile phone line, or if the number is registered on any state or federal Do-Not-Call (DNC) list as of the date of this consent. Publisher reserves the right to refrain from calling any number registered on a DNC list in connection with any promotions. This consent shall remain in effect until you revoke your consent and cancel your subscription.
If you have additional questions about this policy, please contact Publisher from the “Contact Us” page of the Publisher’s website.