Last updated March 08, 2021
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
MOBILE APPLICATION LICENSE
Apple and Android Devices
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
last updated march 08, 2021
thank you for choosing to be part of our community at tran-quility acupuncture (“company“, “we“, “us“, “our“). we are committed to protecting your personal information and your right to privacy. if you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at email@example.com.
when you visit our website https://www.tran-quilityacupuncture.com/ (the “website“), use our mobile application, use our facebook application, as the case may be (the “app“) and more generally, use any of our services (the “services“, which include the website and app), we appreciate that you are trusting us with your personal information. we take your privacy very seriously. in this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. we hope you take some time to read through it carefully, as it is important. if there are any terms in this privacy notice that you do not agree with, please discontinue use of our services immediately.
this privacy notice applies to all information collected through our services (which, as described above, includes our website and app), as well as, any related services, sales, marketing or events.
please read this privacy notice carefully as it will help you understand what we do with the information that we collect.
table of contents
personal information you disclose to us
in short: we collect personal information that you provide to us.
we collect personal information that you voluntarily provide to us when you register on the services, express an interest in obtaining information about us or our products and services, when you participate in activities on the services (such as by posting messages in our online forums or entering competitions, contests or giveaways) or otherwise when you contact us.
the personal information that we collect depends on the context of your interactions with us and the services, the choices you make and the products and features you use. the personal information we collect may include the following:
personal information provided by you. we collect names; phone numbers; email addresses; mailing addresses; usernames; passwords; contact preferences; contact or authentication data; billing addresses; debit/credit card numbers; and other similar information.
payment data. we may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. all payment data is stored by paypal. you may find their privacy notice link(s) here: https://www.paypal.com/webapps/mpp/ua/privacy-full.
social media login data. we may provide you with the option to register with us using your existing social media account details, like your facebook, twitter or other social media account. if you choose to register in this way, we will collect the information described in the section called “how do we handle your social logins” below.
all personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
information automatically collected
in short: some information — such as your internet protocol (ip) address and/or browser and device characteristics — is collected automatically when you visit our services.
we automatically collect certain information when you visit, use or navigate the services. this information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your ip address, browser and device characteristics, operating system, language preferences, referring urls, device name, country, location, information about how and when you use our services and other technical information. this information is primarily needed to maintain the security and operation of our services, and for our internal analytics and reporting purposes.
like many businesses, we also collect information through cookies and similar technologies.
the information we collect includes:
information collected through our app
in short: we collect information regarding your geo-location, mobile device, push notifications, and facebook permissions when you use our app.
if you use our app, we also collect the following information:
this information is primarily needed to maintain the security and operation of our app, for troubleshooting and for our internal analytics and reporting purposes.
information collected from other sources
in short: we may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.
in order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, as well as from other third parties. this information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), internet protocol (ip) addresses, social media profiles, social media urls and custom profiles, for purposes of targeted advertising and event promotion. if you interact with us on a social media platform using your social media account (e.g. facebook or twitter), we receive personal information about you such as your name, email address, and gender. any personal information that we collect from your social media account depends on your social media account’s privacy settings.
in short: we process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
we use personal information collected via our services for a variety of business purposes described below. we process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. we indicate the specific processing grounds we rely on next to each purpose listed below.
we use the information we collect or receive:
in short: we only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
we may process or share your data that we hold based on the following legal basis:
more specifically, we may need to process your data or share your personal information in the following situations:
in short: we only share information with the following third parties.
we only share and disclose your information with the following third parties. we have categorized each party so that you may be easily understand the purpose of our data collection and processing practices. if we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled “how can you contact us about this notice?“.
google cloud platform
facebook customer chat and livechat
mailchimp widget plugin
google drive backup
google cloud storage
paypal and stripe
facebook social plugins
google website optimizer
in short: yes, we use google maps platform apis for the purpose of providing better service.
in short: if you choose to register or log in to our services using a social media account, we may have access to certain information about you.
our services offers you the ability to register and login using your third-party social media account details (like your facebook or twitter logins). where you choose to do this, we will receive certain profile information about you from your social media provider. the profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform. if you login using facebook, we may also request access to other permissions related to your account, such as your friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.
we will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant services. please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. we recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.
in short: we are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our website.
the services may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. we cannot guarantee the safety and privacy of data you provide to any third parties. any data collected by third parties is not covered by this privacy notice. we are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the services. you should review the policies of such third parties and contact them directly to respond to your questions.
in short: we keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
we will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). no purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
when we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
in short: we do not knowingly collect data from or market to children under 18 years of age.
we do not knowingly solicit data from or market to children under 18 years of age. by using the services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the services. if we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. if you become aware of any data we may have collected from children under age 18, please contact us at firstname.lastname@example.org.
in short: in some regions, such as the european economic area, you have rights that allow you greater access to and control over your personal information. you may review, change, or terminate your account at any time.
in some regions (like the european economic area), you have certain rights under applicable data protection laws. these may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. in certain circumstances, you may also have the right to object to the processing of your personal information. to make such a request, please use the contact details provided below. we will consider and act upon any request in accordance with applicable data protection laws.
if we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
if you are a resident in the european economic area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. you can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
if you are a resident in switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
if you have questions or comments about your privacy rights, you may email us at email@example.com.
if you would at any time like to review or change the information in your account or terminate your account, you can:
cookies and similar technologies: most web browsers are set to accept cookies by default. if you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. if you choose to remove cookies or reject cookies, this could affect certain features or services of our services. to opt-out of interest-based advertising by advertisers on our services visit http://www.aboutads.info/choices/.
opting out of email marketing: you can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. you will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. to otherwise opt-out, you may:
most web browsers and some mobile operating systems and mobile applications include a do-not-track (“dnt”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. at this stage no uniform technology standard for recognizing and implementing dnt signals has been finalized. as such, we do not currently respond to dnt browser signals or any other mechanism that automatically communicates your choice not to be tracked online. if a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
in short: yes, if you are a resident of california, you are granted specific rights regarding access to your personal information.
california civil code section 1798.83, also known as the “shine the light” law, permits our users who are california residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. if you are a california resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
if you are under 18 years of age, reside in california, and have a registered account with a service, you have the right to request removal of unwanted data that you publicly post on the services. to request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in california. we will make sure the data is not publicly displayed on the services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
ccpa privacy notice
the california code of regulations defines a “resident” as:
(1) every individual who is in the state of california for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the state of california who is outside the state of california for a temporary or transitory purpose
all other individuals are defined as “non-residents.”
if this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.
what categories of personal information do we collect?
we have collected the following categories of personal information in the past twelve (12) months:
contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, internet protocol address, email address and account name
b. personal information categories listed in the california customer records statute
name, contact information, education, employment, employment history and financial information
c. protected classification characteristics under california or federal law
gender and date of birth
d. commercial information
transaction information, purchase history, financial details and payment information
e. biometric information
fingerprints and voiceprints
f. internet or other similar network activity
browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
g. geolocation data
h. audio, electronic, visual, thermal, olfactory, or similar information
images and audio, video or call recordings created in connection with our business activities
i. professional or employment-related information
business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us
j. education information
student records and directory information
k. inferences drawn from other personal information
inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
we may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
how do we use and share your personal information?
tran-quility acupuncture collects and shares your personal information through:
more information about our data collection and sharing practices can be found in this privacy notice.
you may contact us by email at firstname.lastname@example.org, or by referring to the contact details at the bottom of this document.
if you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
will your information be shared with anyone else?
we may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. each service provider is a for-profit entity that processes the information on our behalf.
the current list of our service providers can be found in below.
we may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. this is not considered to be “selling” of your personal data.
tran-quility acupuncture has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
the categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under “who will your information be shared with?“.
your rights with respect to your personal data
right to request deletion of the data – request to delete
you can ask for the deletion of your personal information. if you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.
right to be informed – request to know
depending on the circumstances, you have a right to know:
in accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
right to non-discrimination for the exercise of a consumer’s privacy rights
we will not discriminate against you if you exercise your privacy rights.
upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. these verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. for instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. we may also use other verification methods as the circumstances dictate.
we will only use personal information provided in your request to verify your identity or authority to make the request. to the extent possible, we will avoid requesting additional information from you for the purposes of verification. if, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. we will delete such additionally provided information as soon as we finish verifying you.
other privacy rights
to exercise these rights, you can contact us by email at email@example.com, or by referring to the contact details at the bottom of this document. if you have a complaint about how we handle your data, we would like to hear from you.
in short: yes, we will update this notice as necessary to stay compliant with relevant laws.
we may update this privacy notice from time to time. the updated version will be indicated by an updated “revised” date and the updated version will be effective as soon as it is accessible. if we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. we encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
if you have questions or comments about this notice, you may contact our data protection officer (dpo), mylinh tran, by email at firstname.lastname@example.org, by phone at 4088311099, or by post to:
5673 w. las positas blvd
pleasanton, ca 94588
based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. to request to review, update, or delete your personal information, please submit a request form by clicking here. we will respond to your request within 30 days.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States of America, California. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than three (3) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
5673 W. Las Positas Blvd, Suite 215
Pleasanton, CA 94588