User agrees to hold harmless, defend and indemnify the Company (including its agents, officers, directors, employees, and successors and assigns) from and against any and all loss damage and expense (including for reasonable attorneys fees) from any third party claim, demand or action arising out of User’s breach of any of its obligations, warranties or representations under this Agreement
Any such controversy or claim not excluded under the immediately preceding subparagraphs a), b) or c) shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Any arbitration proceeding shall be conducted in the City or County of Washington DC and any arbitration award may be enforceable in any court having jurisdiction thereof. Either party may seek an interim or preliminary protective order from a court of competent jurisdiction in the City or County of Washington DC pending the completion of arbitration. Each party shall split the arbitration fees and costs on a 50-50 basis, provided however, that each party will bear its own attorney fees.
COLLECTING AND USING YOUR PERSONAL INFORMATION
“Non-personal Identifiable Information” shall mean any and all information, other than Personal Information, that does not identify a specific individual. Non-personal Identifiable Information may include your equipment, device, operating system or browser used to visit, access, browse or use the Website or Service; a your visiting or browsing or accessing or using activity or actions; summary information respecting our entire user base that may be collected by Company or its third party servers, including information about ads, sponsorships, products, goods or services provided through Third Party Links presented and clicked upon by you; any other information which provides Company with anonymous usage data (including, but not limited to, the number of unique visits, pages visited or navigational preferences); web browser information for facilitating communications between you and Company (including your MAC or IP address); “Cookies” or “Flash Cookies” or “Clear Gifts” technology allowing the Company to track repeat users and user’s usage patterns; Client-side page tagging or Pixel or Beacons tagging activities that allow the Company to make servicing users more efficient, and; content in any form or medium voluntarily submitted to the Company for posting and critique by Company representatives or users. The Company may provide, sell or transfer Non-personal Identifiable Information about user sales, traffic patterns, preferences or any other related Website or Service information to third parties.
Collection and Use of Personal Information
The Company only collects Personal Information voluntarily given to us by you. The Company does not require Visitors to provide it with any Personal Information to access public areas of our website; however, the Company may use or collect a Visitor’s IP Address and other diagnostic information to: a) diagnose problems with the Company’s server or Website or b) to identify you during your registration as a Member. If, however, you elect to register and qualify as and Member to order the Company’s Monthly Subscription Service, the Company will require that you access certain secure areas of the Website as well as provide the Company with Personal Information (including a Payment Source). Subject to the further conditions contained herein,
The Company may use Personal Information for the following purposes:
a) Verifying a Member’s identity so that we can be sure that all of communications are secure and confidential;
b) Responding to inquiries or requests from a Member;
c) Delivering the Service to a Member in the most efficient manner;
A Member may update Member Personal Information that a Member provides the Company by logging on to “My Account” in accordance with the instructions posted on the Website. A Member may also request deletion or correction of its Personal Information or privacy preferences by emailing us at email@example.com
Subject to the further terms hereof, the Company will not sell, license or otherwise transfer any rights to Personal Information to any third party unless a) expressly authorized by you; or b) such license, sale or other transfer is in connection with the sale, transfer, merger, reorganization, consolidation or other transaction involving all or part of the Company.
Notwithstanding the foregoing, the Company will or may transmit or disclose Personal Information to third parties in the following circumstances:
- a)The Company uses certain third party contractors or vendors to perform certain services for us, including, but not limited to, webhosting, website maintenance and performance improvement tasks. In addition, should you register or attempt to register as a Member to order the Company’s Monthly Subscription Service (and, if once authorized as a Member to maintain your status as a validly registered Member) we must release your credit or debit card information or other Personal Information to a card-issuing bank to confirm payment for the service. The Company will also provide your email address information or other Personal Information to third parties under contract to us such that we can deliver the Monthly Subscription Service to a Member or receive and post Member Content on the Website. When any user or visitor subscribes to an Internet Service Provider (ISP) the computing device is assigned an IP Address, which the Company will track and store to manage security and monitor usage volume and patterns.
NOTICE TO EUROPEAN ECONOMIC AREA (EEA) MEMBERS
NOTICE TO CALIFORNIA RESIDENTS
California law gives California residents providing Personal Information to the Company the right to request once per calendar year that the Company provide users with information about how the Company has shared the user’s Personal Information with third parties for their direct marketing purposes. To the extent applicable, if at all, such information includes: a) list and names and addresses of all third parties with whom such Personal Information was shared during the prior calendar year along with a list of the categories of Personal Information shared. To make such a request, please send an email to firstname.lastname@example.org and specifically reference “California Privacy Request” in the subject matter line. Your request should include your name, physical address (other than email address) and an email address. The Company will respond you your request within thirty (30) days of the receipt of your request.
The Company does not share Personal Information with third parties for their marketing purposes and will not do so without prior written consent.
CALIFORNIA “DO NOT TRACK” SETTINGS
Some web browsers have settings that allow users to request that Websites not track a user’s movement within a Website. The Company’s Website DOES NOT obey any such settings when transmitted to, or received (whether detected or not) by the Company’s Website.
Account Cancellation; Deletion of Personal Information
We have adopted and adhere to stringent security standards designed to protect non-public Personal Information obtained or stored by the Company is protected from and against accidental or unauthorized access or disclosure. Among the safeguards that the Company has developed for this Website are administrative, physical and technical barriers that together protect the Website from unauthorized access or use. We may from time to time be required to shutdown the entire Website for security maintenance.
Notwithstanding the foregoing, users and Members acknowledge that no 100% guarantee can be made regarding the security of any data transmission over the Internet or any wireless network. Users accordingly acknowledge that: 1) there are security and privacy limitations respecting data transmissions over the Internet and in wireless networks; 2) the Company shall have no liability to any user, Member or third party for any loss, disclosure, alteration, modification or misuse of an information transmitted via the Internet or wirelessly; and 3) any information transmitted over the Internet or wirelessly may be subject to viewing or being tampered with by an unauthorized third party.