Terms and Conditions, Privacy Policy and Disclaimers

Effective date: 10/10/23

TERMS AND CONDITIONS (AKA TERMS OF PURCHASE)

By purchasing our course ”The College Golfer Peak Performance Academy”(hereinafter the “course”), you accept and agree to be bound by these Terms and Conditions (hereinafter “Terms and Conditions” or “Agreement”) including our Disclaimer and Privacy Policy posted on our website at www.thecollegegolfer.com (hereinafter the “website”) and incorporated herein by reference.

The term “you” refers to anyone who purchases the course, uses, visits and/or views our website. JBM Performance Coaching, LLC (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using our course, you accept those amendments. It is your responsibility to periodically check the website for updates.

Your continued use of the course and website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access the course or use the website if you do not wish to be bound by these Terms and Conditions.

INTENDED AGE

All information and content in the course and on our website are intended for individuals over the age of 18. By purchasing the course, you represent and warrant to us that you are over the age of 18 and can enter into these legally binding Terms and Conditions.

PRIVACY POLICY

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review the Privacy Policy on our website for more information.

WEBSITE DISCLAIMER

Your acceptance of our website Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer on our website for more information.

COURSE DESCRIPTION AND PRICE

"Welcome to a transformative journey designed to unlock your full potential on, and off the golf course. Our course is divided into six meticulously crafted modules, each dedicated to a vital aspect of your success as a competitive golfer and individual in this world.

Reclaim Your Attention: Learn to master your focus and eliminate distractions, ensuring laser sharp focus on what matters most.
Goals and Actions: Set clear, actionable goals and develop a roadmap to achieve them, driving your game to new heights.
Emotional Control: Gain the mental strength to stay calm under pressure, master your fears and manage your emotions effectively in any situation.
Confidence: Build unshakable self-belief and self-assurance, bolstering your performance with unwavering confidence.
Competition: Navigate the competitive landscape with a new perspective on how to utilize your unique skills and abilities.
Practice and Preparation: Hone your skills through effective practice routines and meticulous preparation, giving you the edge every time you tee it up.

Join us on this journey to become the golfer, and person you aspire to be. Unleash your potential, exceed your goals, and take your competitive golfing career to the next level."

The price of the course is what you paid at the time of placing the order and you are bound by that price. Prices are always subject to change at any time without notice. You will not be issued a partial refund should we lower the price in the future or offer a special discount. We may also increase the price of the course at any time before you place the order. Course price will be in the United States currency (USD) unless stated otherwise.

ONLINE PAYMENTS

We use third party service providers to process your payments. You authorize us to charge your credit or debit card, PayPal, Stripe or bank account for the purchase of the course. If we offer a payment plan then you authorize us to charge recurring payments to you as stated on the checkout page when you purchase the course.

MONEY BACK GUARANTEE

We offer a 30-day money back guarantee, which means we will refund you the price of the course you paid within 30 days of purchase (“Guarantee period”) if you are not completely satisfied with your purchase. If you decide within the Guarantee period to seek a refund, you must notify us in writing prior to the expiration of the Guarantee period. Email us at [email protected] requesting the refund within 30 days of your purchase along with a copy of your receipt. After the Guarantee period, no refunds will be issued.

During the Guarantee period, upon your request for refund, we will refund the price you paid for the course by the means with which you paid for it within 30 days. Upon issuance of a refund, your access to the course will be terminated immediately and you must destroy and delete all copies of materials and content you downloaded from the course immediately.

COURSE CANCELLATION AND MODIFICATIONS

We reserve the right to cancel or modify the course at any time without notice. We also reserve the right to cancel your order for any errors or discrepancies in our sole discretion.

MANDATORY ARBITRATION AND GOVERNING LAW

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to your use of the course, our website and any other products/services we offer. In the event of any dispute, claim or controversy arising out of or relating to your use of this course or our website, these terms and conditions shall be construed in accordance with the rules and regulations of the state of New Mexico, and the United States.

You agree to consent and submit to the jurisdiction of the state and federal courts located in New Mexico, United States without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.

You agree to resolve any disputes or claims first through mandatory arbitration in the state of New Mexico, United States and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.

INTELLECTUAL PROPERTY

All content in the course and on our website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.

You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

LAWFUL USE OF THE COURSE AND WEBSITE

For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.

You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you in our course, on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.

You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-

(a) illegal, violates or infringes upon the rights of others,

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,

(e) any attempts to gain unauthorized access to any portion or feature of the website, and

(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the course and our website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.

LEGAL COMPLIANCE

By purchasing and accessing the course materials, you agree that you are solely responsible for compliance with the laws and regulations of the United States. You represent and warrant to us that the course will be used by you (the purchaser) only and you will use the course materials lawfully and properly at your own risk.

THIRD-PARTY LINKS

The course may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services in the course; however, we do not own or control these third-party websites. Once you click on a third-party link to view the particular product recommended, you are no longer bound by our terms and conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.

DISCLAIMER

Any business tools, equipment, examples, materials, videos, graphics displayed in the course are only shown as examples of how to use them and what results might be possible now or in the future. There can be no assurances as to any particular outcome based on the use of such materials or information. This information is only shared as examples with you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same tools, information, equipment, reviews, products, services, tips and techniques offered. You are solely responsible for your results and exercising your own due diligence before relying on the information presented in the course.

MEDICAL DISCLAIMER

All content and information provided in or through on our website including our course, programs and any other products or services that we offer is for informational and educational purposes only, does not constitute medical, psychological or health advice of any kind and we do not warrant that the information presented herein is free of any errors or omissions. We are not providing medical, health care, nutrition therapy or coaching services to diagnose, treat, prevent or cure any kind of physical ailment, mental or medical condition.

Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the medical and health area for your particular needs and circumstances prior to making any medical or health related decisions. For your health related questions, please seek the advice of a licensed physician or any other qualified health care provider immediately.

Any medical tools, equipment, examples, materials, videos, graphics displayed in the course are only shown as examples of how to use them and what results might be possible now or in the future. There can be no assurances as to any particular outcome based on the use of such materials or information. This information is only shared as examples with you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same tools, supplements, information, equipment, reviews, products, services, tips and techniques offered. You are solely responsible for your results and exercising your own due diligence before relying on the information presented in the course.

You are solely responsible for your own safety and for using the medical information, equipment or any other material or recommendations shared in the course properly. You must take adequate precautions while trying these methods and techniques on your own. It is your sole responsibility to use safety precautions while using and handling dangerous equipment and tools.

NO GUARANTEE OR PROMISES

You agree that no specific results or promises are being made by the purchase of the course. We cannot guarantee the results or effectiveness of the tips, products, equipment, techniques or information shared in the course. No particular outcome, sales, savings or earnings are being promised to you either.

Through our website, course, and any other products and/or services, we aim to support and teach you sustainable Golf Performance and mental concepts. But your success with our course, products and/or services depends completely on your own effort, work ethic, commitment and dedication. We cannot and do not guarantee or promote results of any kind and each individual’s results will vary based on their own individual performance and efforts. Any examples or results we share with you are for informational purposes only to show you what’s possible. Ultimately, you are solely responsible for your successes and failures with our course, and any other products and/or services including your application of any other information you receive from our website.

GRANT OF RIGHTS AND TESTIMONIAL RELEASE

You grant us rights to use your photo, video or written testimonial (the “Testimonial”) made on behalf of us to be used in connection with publicizing and promoting our business. By doing so, you authorize us to use your name, brief biographical information, and the Testimonial without compensation.

You hereby irrevocably authorize us to copy, exhibit, publish or distribute the Testimonial for purposes of publicizing our programs or for any other lawful purpose. These statements may be used in printed publications, multimedia presentations, on websites or in any other distribution media.

You agree that you will make no monetary or other claim against us for the use of the statement. In addition, you waive any right to inspect or approve the finished product, including written copy or edited video where the testimonial appears.

Both Parties hereby release and forever discharge and hold harmless each other, its assigns, licensees and successors from any and all claims that may arise regarding the use of the Testimonial including but not limited to suits, debts, dues, expenses, damages, claims and demands of any kind at law or in equity or under any statute, invasion of privacy, defamation, infringement of moral rights, rights of publicity, copyright or any other cause whatsoever related to the use of the Testimonial.

TERMINATION

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of the course and website including any or all Content published by you or us at any time for any reason, without notice.

NO WARRANTIES

ALL CONTENT, MATERIALS, AND INFORMATION IN THE COURSE AND ON OUR WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, MATERIALS AND INFORMATION PROVIDED IN THE COURSE. COMPANY MAKES NO WARRANTIES THAT THE COURSE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary, injuries or any other damages resulting from your use of the course including but not limited to all the content, information, videos, products, services and graphics presented inside the course and on our website.

We do not warrant that any products, equipment, tools, tips, strategies, or any other information presented in the course will be free and clear from errors or interruptions or failures. We have no control over the third-party products recommended and will not be liable for such failures or any injuries caused by your use of them.

Some of the tools and tips shared in the course may result in physical or property damage if not used properly. You expressly agree that your use of the course and website including all the information, equipment, tools, and materials shared is at your sole risk and that you are solely responsible for the accuracy of the information provided, the outcome of your actions, personal and business results, and for all other use in connection with the course.

You also agree not to hold the Company responsible for any decision-making regarding tools, equipment, tips, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may experience from the information presented in the course.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions in the course, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the course and website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, savings, use, data, revenue, profits, business or any goodwill related to the course; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered in the course.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you in the course and on our website.

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the course including purchasing other products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of these terms and conditions by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

ENTIRE AGREEMENT

These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to your purchase of the course and use of our website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this course to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

SEVERABILITY

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

CAPTIONS

Captions have been inserted solely for the convenience of reference and in no way define, limit or describe the scope or substance of any provisions of these Terms and Conditions.

COUNTERPARTS

These Terms and Conditions may be executed in two (2) or more counterparts, including by tele-copier, tele-facsimile, or by electronic means, such as by encrypted digital signature, by electronic mail transmission of a portable document format (PDF) scan of the original document or a copy thereof; and when so executed, will have the same force and effect as though all signatures appeared on a single document. Emails and copies of signatures are acceptable in lieu of originals. Prior to purchasing the course, you will click to accept these Terms and Conditions electronically and by purchasing the course, you agree to be bound by them.

CONTACT

For any questions, please contact us at [email protected].

PRIVACY POLICY

JBM Performance Coaching, LLC_ (“company”, “I”, “we” or “us”) is dedicated to respecting the privacy of your personal information. This Privacy Policy describes what information is collected from you on www.thecollegegolfer.com (hereinafter the “website”) and how it is used. This Privacy Policy applies to this website and any products or services that we offer that link to this policy. The term “you” refers to anyone who uses, visits, or views the website.

By visiting and using the website, you accept and agree to be bound by this privacy policy. Your continued use of the website after posting of any changes to our Privacy Policy constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by this Privacy Policy.

CHILDREN’S PRIVACY

We respect the privacy of children and “child” means an individual under the age of 13. This policy is in accordance with the Children's Online Privacy Protection Act (“COPPA”). This website's information and content are only intended for people over the age of 18. This website is not intended for children under the age of 13. Without prior parental or guardian consent, we do not knowingly collect, use, or disclose personal information from children under the age of 13. If you believe that personal information was collected without parental or guardian consent from a child under the age of 13, please contact us to have that information deleted.

WHAT INFORMATION WE COLLECT AND HOW IT IS USED

When you access the website, you may provide certain personally identifiable information including but not limited to your name, email address, phone number, address, avatar image, credit card information when you make a purchase on the website (“personal information”).

This information is collected when you register on the site, place an order, subscribe to a newsletter, contact us, use the search feature on the website, provide comments or any other feedback, fill out a form or use the live chat or enter any other information on the website to communicate with us. From time to time, we may also collect information that you submit when you participate in any online surveys that we may post on our website.

Your personal information is used to personalize your experience, improve the website to better serve you, provide customer service support, efficiently process your requests or transactions, tailor advertisements to you, elicit reviews of services or products, provide you offers, promotions and to follow up with you through correspondence (email, live chat, or phone). We may also use this information to provide you offers and promotions from our partners and/or our affiliates in exchange for a commission without additional cost to you.

GOOGLE ANALYTICS

Just like other websites, this website automatically collects certain information about you through Log Data and Google Analytics. Log Data is information about your computer’s Internet Protocol Address, which is your “IP” address, browser information, Internet Service Provider’s information, your operating system, and your browser type. Similarly, Google Analytics collects certain information about your location, browsing history, the pages you visit, the equipment you used to access the website, traffic patterns, and other general patterns related to your use of the website.

This information is used to analyze website statistics related to user behavior and interests, improve our performance and your use of the website and to further enhance our products and services offered to you. Please see Google’s Privacy and Terms to learn more about their privacy practices.

COMMENTS AND SOCIAL MEDIA

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. When you leave a comment, your name, email address and website/organization name is not shared with a third party and may be used to communicate with you.

Social media accounts and sharing options are available on this website. Social media sites (Facebook, Twitter, YouTube, Pinterest, and others) can track your personal information. Should you choose to interact with us on social media, please note that you will be voluntarily disclosing that personal information. This information is no longer private. It becomes public information and can be collected and used by others. We have no control over and take no responsibility for the use, storage or dissemination of such publicly-disclosed personal information by you.

Any such interactions via comments and social media with us do not subject us to any kind of liability related to misuse of your information by others.

USE OF COOKIES

The website may use cookies to facilitate your use of the website. Cookies are files with small amounts of data including an anonymous unique identifier that a website sends to your computer’s hard drive when you are viewing the website. Just like other websites, we automatically collect some non-personally identifiable information including but not limited to your IP address, geographic location, language preference, date and time of visitors.

Some features of our website may use Flash cookies, which are small files stored on your computer by websites that use Adobe Flash Player. They can store data such as preferences, settings and usage information like which pages you visit. The main difference between traditional cookies and flash cookies is that they are not managed through the browser but locally on your computer.

When you leave a comment on our website, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment.

If you have an account and you log in to this website, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

We may use cookies for various reasons such as optimizing and personalizing your browsing experience, checking our website analytics, saving your preferences and settings for future use, serving ads based on your liking and interests, affiliate marketing and posting comments on our website.

This information is only collected to better serve and understand your user experience on the website. You have the option of turning off cookies on your computer should you wish to do so. If you choose to do that, you may not be able to view all the features and content of this website.

USE OF WEB BEACONS AND PIXELS

In conjunction with the use of cookies, third parties may also use web beacons, which are also known as clear GIFs, web bugs or pixel tags to collect general information about your use of our website. They monitor user activity and are used to track customer behavior data. This information may be relevant to third parties such as the ad networks used on our website to tailor the advertising based on your behavior and interests.

We may use social media pixels to track and collect general information about your use in compliance with different social media sites (Facebook, Twitter, Pinterest, and others) for the purpose of promoting products, tracking conversions, remarketing, running target advertisements and so forth.

Third parties like Facebook may use their own cookies, web beacons and other technologies to collect and receive information from our website for the purpose of providing target advertisements. You may see our ads on Facebook or YouTube after you have visited our website.

THIRD-PARTY LINKS AND USE

We may include, offer or advertise third party links, products or services on the website. Once you click on a third-party link and leave this website, you are no longer bound by our Privacy Policy and Terms and Conditions.

Articles on this website may include embedded content (e.g. videos, images, advertisements, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

We may use Google AdSense advertising along with any other third-party advertising on the website. Google is a third party that also uses cookies to serve ads on the website for the purpose of providing a positive user experience. Third-party vendors such as Google use cookies to serve ads based on a user’s prior visits to the website. You can opt-out of Google by visiting their privacy policy and ad settings.

We have no control over these third parties and they have their own privacy policies. Neither are we responsible for the activities and practices of these third parties. You should contact them directly and read their privacy policies for any questions. You also agree that your use of these third-party websites is solely at your risk.

DISCLOSURE OF YOUR INFORMATION

As a general rule, we do not disclose your personal information to third parties without your consent with the exception of the following circumstances:

We may disclose your information to our trusted third parties that work with us such as our website hosting partners, email marketing service provider, other service providers that assist in the operation of the website, and any other affiliates and subsidiaries we rely upon to provide you products and services offered here.
We may disclose your information to contractors or third parties we use to support our business. These parties may use your data only to provide the services requested by us and for no other purpose, and they are bound by contractual obligations to keep your information confidential.
We may disclose your information in order to comply with state or federal regulations related to copyright infringement lawsuits or any other legal claims related to the website.
We may disclose your information to enforce our website or product terms and conditions or terms of sale and any other agreements we may have entered into for billing and collection purposes.
We may disclose your information to our successor and/or acquiring party in the event of a merger, acquisition, restructuring, dissolution or partial sale in the future. However, your personal information will be transferred to the acquiring party in accordance with this privacy policy.

EMAIL MARKETING

You have the option of opting in or unsubscribing from our email list. By subscribing and opting in, you agree to receive newsletters, updates, messages, promotional materials and any other content related to this website. When you send an email, your email message along with email address and responses are saved for communication purposes with you. This information is kept confidential and we do not share, sell or trade your email information with third parties except as otherwise stated in this privacy policy.

If you are in the European Union and opt-in to receive any of our free products or services and/or purchase any products or services through our website then you will be subscribed to receive our free email newsletter once you affirmatively consent to it. Please see the Opt-Out section below should you wish to “unsubscribe” and not receive any emails from us.

But if you are NOT in the European Union then you will be automatically subscribed to receive our free email newsletter once you opt-in to receive any of our free products or services and/or purchase any products or services through our website. Please see the Opt-Out section below should you wish to “unsubscribe” and not receive any emails from us.

OPT-OUT

We comply with the CAN-SPAM Act of 2003 and do not spam or send misleading information. Should you wish to no longer receive communication from us, you have the option of unsubscribing by clicking “unsubscribe” at the bottom of the email we send to you or by contacting us.

As for third party websites, please contact them directly to unsubscribe and/or opt-out from their communications.

We are in compliance with the GDPR along with the email marketing service we use to collect your data.

GDPR VISITOR RIGHTS (FOR EU AND UK CUSTOMERS AND VISITORS)

If you are located in the European Union (“EU”) or the United Kingdom (“UK”), you are entitled to certain rights and information listed below under the General Data Protection Regulation (“GDPR).

We will retain any information you choose to provide to us until the earlier of:

You ask us to delete the information by sending a request to [email protected]. Please note that such requests may result in you no longer being able to access paid or free content previously provided to you.
Our decision to cease using our existing data providers.
The Company decides to no longer be in business or continue to offer the services.
The data is no longer needed to provide you service, is too costly to maintain further retention, or the Company finds it outdated.

You have the right to request access to your data that we store and have the ability to access your personal data.

You have the right to either rectify or erase your personal data. You have the right to verify the accuracy of your personal data and have it corrected or removed completely

You have the right to seek restrictions on the processing of your data. When you restrict the processing of your data, we can store your data but cannot process it further.

You have the right to object to the processing of your data in certain circumstances including but not limited to direct marketing, profiling, scientific or historical research purposes, statistical purposes, automated decision making and profiling and tasks based on legitimate interests or in the public interest/exercise of official authority.

You have the right to the portability of your data. You have the right to request your personal data from us, receive it and transfer it to another controller.

You have the right to withdraw consent at any time. If you have provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent any time without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the GDPR.

We require only the information that is reasonably necessary to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

LEGAL BASIS FOR PROCESSING DATA UNDER THE GDPR

Under the GDPR, we may process your data under the following legal basis:

Consent: when you give us clear consent to process your personal data for one or more specific purpose.
Contractual Necessity: when processing your personal data is necessary to fulfill a contract with you.
Legal Obligation: when processing of your personal data is necessary to comply with the law such as data related to taxes or employee records.
Vital Interests: when processing of your personal data is necessary to protect your life or health.
Public Interests: when processing of your personal data is necessary for the performance of a task carried out in the public interest or for official functions.
Legitimate Interests: when processing of your personal data is necessary to further our legitimate interests such as marketing activities.

YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may give their residents additional rights in terms of how we use their personal information. These privacy rights vary depending on the local laws that apply to you.

California, Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

Confirm whether we process their personal information.
Access and delete certain personal information.
Data portability.
Opt-out of personal data processing for targeted advertising and sales.

California, Colorado, Connecticut, and Virginia also provide their state residents with rights to:

Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

Nevada provides its residents with a limited right to opt-out of certain types of personal information being sold by a business. The opt-out option does not apply to all types of data, however; it does protect sensitive medical or financial data, for example. Please note that we do not currently sell data that triggers the opt-out requirements of that statute.

To exercise any of these rights above under different states, please contact us with your request at [email protected] and please include your name, email address, and mailing address.

CALIFORNIA CONSUMER PRIVACY ACT (CCPA) AND CALIFORNIA PRIVACY RIGHTS ACT (CPRA) COMPLIANCE AND YOUR LEGAL RIGHTS

If you live in California, you have additional rights under California law, and we comply with the CCPA and CPRA because we may have visitors from California on our website. Here are your legal rights under CCPA/CPRA:

You have the right to know the categories of personal information we have collected, sold or disclosed about you to third parties.
You have the right to opt-out of the sale and sharing of your personal information with third parties. If you are under the age of 16, you have the right to opt in to such sales, or to have a parent or guardian opt in on your behalf.
You also have the right to access your personal information, which we will provide within 30 days of such request.
You have the right to know what personal information is collected from you and how it is used, which we explained in this Privacy Policy.
You have the right to correct your personal information.
You have the right to have your personal information deleted, subject to some exceptions.
You have the right to equal service, price and no discrimination
You have the right to data portability and right to request your personal information and use it for your own purposes.
You have the right to consent and/or limit the use and disclosure of your sensitive personal information.

CATEGORIES OF PERSONAL INFORMATION COLLECTED AND DISCLOSED FOR A BUSINESS PURPOSE

The types of personal information we collect and how we use it have already been listed above, but under the CCPA/CPRA, the following categories of personal information may have been collected and disclosed for business purposes in the previous 12 months:

Identifiers such as your name, address, phone number, email address and other similar identifiers
Protected classification characteristics such as your age, gender, religion and disability information
Commercial information such as your use of our products and services
Internet/Network information such as your IP address, search history, browser and device information
Geolocation data such as the information about your physical location or movements
Sensory information such as audio, electronic, photos or other visual information
Professional or Employment Information such as your job history including previous employer and performance evaluations
Biometric information such as fingerprints, faceprints, voiceprints, genetic and physiological activity patterns. We do not collect any biometric information from you.
Education information such as records related to your educational institution (grades, transcripts, class lists, student schedules and so forth). We do not collect any such education information.
Inferences such as information reflecting your interests, preferences, characteristics, physiological trends, and abilities.
Other Personal Information such as information provided by you directly when you fill a form on our website, register for an event scheduled by us, post a comment on our website or social media, make a purchase from us, your account login or credentials allowing you to access a product or account, telephone number, and any other information you provide to us.
Sensitive personal information such as your social security, driver’s license, state identification card or passport number. We do not collect this sensitive personal information from you.

HOW WE COLLECT YOUR PERSONAL INFORMATION AND FOR WHAT PURPOSE

We collect this personal information directly from you, from your browser or device, use of cookies, service providers, our business partners, affiliates, or from third parties. We do not sell your personal information to third parties.

We use the information we collect for various purposes depending on how you interact with us. These purposes include:

To provide our services or products to you including invoices and statements
To create, maintain or secure your account with us
To process your requests, purchases, transactions and payments
To communicate with you about your account and our products/services
To market or advertise our new products and promotions to you via email or other social media, to answer your questions, and to understand your needs and preferences.
To improve our website, products, services, content and advertising and personalize them to your interests and preferences
To better understand the demographics of our users, analyze data and usage trends
To help you share our content, products, services, and your experience working with us with your friends and followers on social media
To hire or evaluate you as a candidate when you seek employment with us
To protect our website, products and services from misuse and to ensure security
To process payments or to prevent theft and fraud
To transfer business in any merger, acquisition, reorganization, sale of assets, bankruptcy where we may sell, transfer or share some of our business assets including information related to our customers. In those instances, you will be notified of such ownership changes as well as the rights you have regarding your personal information.
To comply with legal requirements and to enforce our terms and agreements with you
To assess or carry out a merger, dissolution, restructuring, reorganization, or other sale or transfer of some or all of our assets, whether as part of a bankruptcy or similar proceeding, in which personal information about our website users, including our email list, is one of the assets transferred.

We may also use your information in other ways for which we provide specific notice at the time of collection. We may combine different types of information that we collect about you for any of the purposes described above.

Please be advised we DO NOT SELL YOUR PERSONAL INFORMATION to third parties and have never sold your personal information. We do not intend to sell your personal information in the future either.

Under the CCPA and CPRA, you still have the right to opt-out of sharing your personal information and send us a “do not sell or share my personal information” request. If you would like to exercise any of your rights under California law, please submit a verifiable consumer request to us by sending us an email at [email protected].

Only you, as the person registered with the California Secretary of State, or someone you authorize to act on your behalf, can make such verifiable consumer requests related to your personal information.

Your verifiable consumer request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person about whom we had collected personal information. You must describe your request with enough details such as your first and last name, address and your country that allow us to properly understand the request and respond to it. Please note we cannot respond to your request or provide you with personal information unless we first verify your identity or authority to make such a request and confirm that the personal information relates to you. We will make all attempts to respond to your request within 30 days of receipt.

The above-mentioned California privacy rights are not absolutely guaranteed because there are some exceptions that allow us to refuse your request. We are only required to respect these rights if we are acting as a business under the CCPA/CPRA and the requested rights have been granted and applied to you under the CCPA/CPRA.

CALIFORNIA’S “SHINE THE LIGHT” ACT

Pursuant to California’s “Shine the Light Act,” you are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. We may disclose your personal information to our affiliates or other related third parties such as service providers, vendors for their use in marketing to you, so we can provide the products and/or services offered on this website to you. When we disclose such information, your personal information is still kept confidential and between us and that third party. It is not used for any other purpose that’s not permitted under the laws.

DO NOT TRACK SIGNALS

This privacy notice for California residents supplements the information included in the previous sections of this privacy policy. California and Delaware law also requires us to state whether we honor “Do Not Track” settings in your browser regarding targeted advertising, and please note we do not monitor or respond to Do Not Track browser requests.

You can also enable or disable Do not Track in your browser. This is a setting that tells websites not to track your online activities. To enable or disable it, go to the "Privacy" or "Security" tab in your browser's settings menu. Depending on which browser you're using, you may find the option under "Do Not Track Requests" or something similar.

DATA RETENTION

We will retain your information as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. We may also retain and use your information to continue offering you our products and services, comply with our legal and accounting obligations, resolve disputes and enforce our agreements.

SECURITY

The security of your personal information is important to us, and we strive to follow generally commercial industry standards to protect your personal information submitted to us voluntarily and automatically. However, no method of transmission over the Internet is 100% secure and we cannot guarantee the absolute security of your information. When you make a credit card purchase or purchase through any means on the website, you will be directed to a third-party vendor to complete the transaction. Any information you provide during the checkout process is not stored on our website but instead provided to the third-party vendor that completes the purchase transaction.

By using this website, you agree to hold us harmless for any security breach and for any unauthorized use of your personal information by third parties. You also agree that we cannot be held responsible for any disclosure of your information through our website without our knowledge and consent.

PRIVACY POLICY UPDATES

This privacy policy is effective as of 10/10/2023 and will be updated and modified as needed. You are responsible for visiting this page periodically to check for future updates to this policy. Any modifications to this privacy policy will be effective upon our publishing of the new terms, and your continued use of our website after the posting of any updates constitutes your acceptance of our modified privacy policy.

CONTACT

For any questions or comments regarding the privacy policy, please contact us at [email protected]

Terms and Conditions, Privacy Policy and Disclaimers

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