Last Revised: October 26, 2021
If you are accessing the Site or using the Service on behalf of a third party that has entered into a separate agreement with the Company in connection with the Services (“Services Agreement”), your use of the Site and Services will also be subject to the terms and conditions of the Services Agreement.
BY REGISTERING FOR THE SITE OR SERVICE, OR BY OTHERWISE ACCESSING THE SITE OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND THE CODE OF CONDUCT.
Registration. You may access certain online features of the Services through your account on the Site (your “Account”). You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any actions taken under your username. You agree that the information that you provide to the Company about yourself upon registration of your Account, and at all other times, (“Customer Data”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Customer Data to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. the Company reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify the Company immediately at email@example.com.
Compliance With Terms and Code of Conduct. We may review your conduct for compliance with these Terms and our Code of Conduct However, we aren’t responsible for your compliance with these Terms or the Code of Conduct, or any other party’s compliance with these Terms or the Code of Conduct.
Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. The Company makes no warranty with regard to the products or websites of any other entity. The Company has no control over the content or availability of any third-party software or website. In particular, (a) the Company makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
Suspension and Termination. The Company reserves the right to suspend, modify, or terminate your access to and use of the Site and Services, at any time, without notice. Further, you agree that the Company shall not be liable to you or any third party for any termination, modification, or suspension of your access to the Site or Services.
6.1. THE SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.2. THE COMPANY, AND ITS PERSONNEL, ARE NOT ACTING AS LAWYERS OR FINANCIAL PROFESSIONALS IN PROVIDING THE SERVICES, AND THE SERVICES SHOULD NOT BE TREATED AS A SUBSTITUTE OR REPLACEMENT FOR LAWYERS OR FINANCIAL PROFESSIONS. THE COMPANY CANNOT AND DOES NOT PROVIDE ANY KIND OF ADVICE, EXPLANATION, OPINION, OR RECOMMENDATION ABOUT POSSIBLE LEGAL RIGHTS, REMEDIES OR STRATEGIES. NOR DOES THE COMPANY PROVIDE ANY FINANCIAL OR TAX PLANNING METHODS OR STRATEGIES. COMMUNICATIONS BETWEEN YOU AND THE COMPANY ARE NOT PROTECTED BY ATTORNEY-CLIENT PRIVILEGE.
Proprietary and Privacy Protection for Other Users’ Content on the Site. The Company hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You may not copy or distribute such material without the written consent of the Company.
Indemnity. You agree to indemnify, and hold the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Site or Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; (d) any claim that your use of the Site or Services caused damage to a third party, or (e) any incorrect or fraudulent statements or information you provide in connection with the Services.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR THE COMPANY’S FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER OR NOT THE COMPANY OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
ADDITIONALLY, THE COMPANY, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF TWENTY DOLLARS ($20) OR THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE PAST TWELVE (12) MONTHS OF THE SERVICES IN QUESTION.
Some places don't allow the types of limitations in this paragraph, so they may not apply to you.
10.1 Modification. The Company may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site or Services after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site or Services.
10.2 Applicable Law. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
10.3 Dispute Resolution and Arbitration Agreement. If you believe that the Company has not adhered to these Terms, please contact us by e-mail at firstname.lastname@example.org and we will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
IF YOU AND THE COMPANY ARE UNABLE TO REACH A RESOLUTION TO THE DISPUTE, YOU AND THE COMPANY AGREE THAT EITHER YOU OR THE COMPANY MAY ELECT TO SETTLE THE DISPUTE EXCLUSIVELY UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (WWW.ADR.ORG) AT ITS DENVER, COLORADO OFFICE (THE “ARBITRATION AGREEMENT”). ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER.
YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND THE COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN THE COMPANY AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY OTHERWISE AGREE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THE SERVICES OR THESE TERMS MUST BE BROUGHT, IF AT ALL, WITHIN ONE YEAR FROM THE ACCRUAL OF THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
You may opt out of this Arbitration Agreement. If you do, neither you nor the Company can require the other to participate in arbitration proceedings. To opt out, you must notify the Company in writing within 30 days of the date that you first became subject to this arbitration provision, which shall be the date you first visited the Site.
You must use this address to opt out:
ATTN: Arbitration Opt-Out
11099 West Walker Drive
Littleton, CO 80127
You must include your name and residence address, the email address you use for your account, and a clear statement that you want to opt out of the arbitration agreement.
10.4 Contact. The Company is located in Littleton Colorado. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: email@example.com
By Postal Mail:
11099 West Walker Drive
Littleton, CO 80127
10.5 Entire Agreement. These Terms, along with any other applicable agreement referenced herein, constitutes the entire agreement between you and the Company and govern your use of the Site and the Services, superseding any prior agreements between you and the Company. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and the Company nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
You agree not to misuse the Services or help or encourage any other party to misuse the Services. For example, and without limitation, you may not:
● Interfere or disrupt or attempt to gain unauthorized access to other accounts on the Site or any other computer network;
● breach or otherwise circumvent any security or authentication measures;
● circumvent storage space limits create user accounts by automated means or under fraudulent or false pretenses;
●create or transmit unsolicited electronic communications such as spam to users or promote any products or services;
● sell the Services unless specifically authorized to do so;
● harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
● distribute, upload, or otherwise make available any Content or other materials that: (a) are defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) are bigoted, hateful, or racially or otherwise offensive; (c) are illegal or encourage or advocate illegal activity; (d) infringe or violate the rights of any party (e) are violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (f) harm or can reasonably be expected to harm any person or entity;
● collect and publish any information about any of our users;
● adapt, modify or reverse engineer any portion of the Services or the Site;
● use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
● disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
● encourage conduct in connection with the Services that would constitute a criminal or civil offense;
● violate any applicable federal, state, local or international law or regulation;
● exploit any person;
● invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent;
● submit false or misleading information to the Company;
● attempt to do any of the foregoing or encourage or enable any third party to do any of the foregoing.
1. When You Visit our Site. When you visit the Site located at https://susietomenchok.com or http://inturri.com, you are free to view the Site without providing any Personal Information. In order to contact or create an account with the Company, you will be required to provide certain Personal Information about yourself at the Site.
2.1 Personal Information - Personal Information means data, including personally identifiable information, about a Data Subject.
2.2 Usage Data - Usage Data is data collected automatically either generated by the use of the Site or from the Site’s infrastructure itself (for example, the duration of a page visit).
2.3 Cookies - Cookies are small pieces of data stored on your device (computer or mobile device).
2.5 Data Processors (or Service Providers) - Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
2.6 Data Subject (or User) - Data Subject is any identified or identifiable individual who is using our Site and is the subject of Personal Information.
3. Information Collection and Use. We collect several different types of information for various purposes to provide and improve our service to you.
4. Types of Data Collected.
4.1 Personal Information. While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personally Identifiable Information”). Personally Identifiable Information may include, but is not limited to:
• Email address
• First name and last name
• Address and Zip Code
• Phone number
• other demographic information
• Credit card information
• Any feedback, questions, or recommendations you provide
We may invite comments, questions, or feedback on certain public areas of the Site. If you provide information in those public areas of the Site, and such information may read, collected, and used by us and other users of the Site. If you provide information directly to us in other ways, such as by sending us an email, we may retain that information and add it with the other information we have collected from you.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.
4.2 Usage Data. We may also collect information how the Site is accessed and used. This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of the Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
4.3 Types of Information Collected by Technology. We may receive and store certain types of information from you each time you use the Site or Services. For example, we may automatically log your browser type, language preference, precise geographic location, the date and time of your visit to the Site, any actions you take on the Site, the date and time of your visit to specific listings on the Site, your Internet Protocol (IP) address, and the website you visited before our Site. In addition, we may receive and store information about your use of the Site and Service. The technologies we use for this automatic data collection may include:
● Cookies. Cookies are small data files stored on your hard drive by a website. Cookies are sent to your browser from a Site and stored on your device. Among other things, cookies help us improve our Site and Services and improve your experience with our Site and Services. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze the Site.
● Web Beacons. Web beacons are electronic images that may be used on our Site or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
● Clear Gifs. We may also use clear gifs or other data files or identifiers to collect information for statistical purposes and to improve and develop the Services. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a hard drive, clear gifs are embedded invisibly on web pages.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page here.
4.5 Do Not Track. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). We do not respond to browser-based “do not track” signals. Some third-party sites who push content to our Site may keep track of your browsing activities over time and across different websites when they serve you content, which enables them to tailor what they present to you.
5. Use of Your Data. In general, information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. The Company uses your information: for research and marketing purposes; to facilitate the creation of your account on our network; identify you as a user in our system; to provide improved administration of our Site and Services; to improve the quality of your experience when you interact with our Site and Services; to send you e-mail notifications; to respond to your inquiries; to send promotional communications; to send upgrades and special offers related to our Services and for other marketing purposes of the Company; and to solicit your feedback. We may create anonymous or aggregated data records from your information by excluding information that makes the data personally identifiable to you (such as your name) or by compiling information about you with information from other users. We use this anonymous or aggregated data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use and disclose anonymous and aggregate data to third party companies for any purpose in our sole discretion. If you provide feedback on any of our Services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your information.
6. Disclosure of Your Information.
6.1 Disclosures. Regardless of any choices you make regarding your information (as described below), the Company may disclose information if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the Company; or (b) protect or defend the rights or property of the Company, users of the Services, or any other party.
6.3 Disclosure to Third Parties. We may share your information with third party service providers that are contractually bound to safeguard your information. We may make such disclosure in order to provide you with the Services; to conduct quality assurance testing; to facilitate creation of accounts; to facilitate your use of the Service; to process any transactions you make through our Site or Services (including without limitation credit card processing); or to provide technical support. We may also share your information with any other party with your express consent.
6.5 We Never Sell Personal Information. We will never sell your Personal Information to any third party. 6.6 Use of Navigational Information. We may use Navigational Information to operate and improve the Site.
6.7 Testimonials and Comments. We may post customer testimonials and comments on our Site, which may contain Personal Information. We will obtain each customer's consent via email prior to posting the customer's name and testimonial.
6.8 Security of your Personal Information. We are committed to protecting the security of your information. We use a variety of industry-standard security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
7. Your Choices Regarding Your Information.
7.2 Changes to Information. You may change any of your information in your account by sending an e-mail to us at firstname.lastname@example.org. You may request deletion of your information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
7.3 To Unsubscribe from Our Communications. You may unsubscribe from our marketing communications by sending us email us at email@example.com or postal mail to:
11099 West Walker Drive
Littleton, CO 80127
9. Legal Basis for Processing Personal Information Under General Data Protection Regulation (GDPR)
The Company may process your Personal Information because:
● We need to perform a contract with you.
● You have given us permission to do so.
● The processing is in our legitimate interests and it is not overridden by your rights.
● To comply with the law.
The Company will also retain Usage Data for internal analysis purposes.
9.2 Transfer of Data. Your information, including Personal Information, may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside of the United States and choose to provide information to us, please note that we transfer the data, including Personal Information, to the United States and process it there.
9.3 Disclosure of Data
The Company may disclose your Personal Information in the good faith belief that such action is necessary to:
● To comply with a legal obligation
● To protect and defend the rights or property of the Company
● To prevent or investigate possible wrongdoing in connection with the Site
● To protect the personal safety of users of the Site or the public
● To protect against legal liability
9.4 Your Data Protection Rights Under General Data Protection Regulation (GDPR). If you are a resident of the EEA, you have certain data protection rights. The Company aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information.
If you wish to be informed what Personal Information we hold about you and if you want it to be removed from our systems, please contact us at firstname.lastname@example.org.
In certain circumstances, you have the following data protection rights:
● The right to access, update or to delete the information we have on you. If you are unable to perform these actions yourself, please contact us to assist you at email@example.com.
● The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
● The right to object. You have the right to object to our processing of your Personal Information.
● The right of restriction. You have the right to request that we restrict the processing of your Personal Information.
● The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
● The right to withdraw consent. You also have the right to withdraw your consent at any time where the Company relied on your consent to process your Personal Information.
Please note that we may ask you to verify your identity before responding to such requests.
● You already have the information
● Providing you with the information would prove impossible or would involve a disproportionate effort
● We are under an EU or EU member state law obligation to obtain or disclose the information which provides appropriate measures to protect your legitimate interests
● We are obliged to keep the information confidential as a result of an obligation of professional secrecy regulated by EU or EU member state law
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority in the EEA.
10. Service Providers. We may employ third party companies and individuals to facilitate our Site ("Service Providers"), to manage the Site on our behalf, to perform Support-related services or to assist us in analyzing how our Site are used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
11. Children's Privacy Our Websites do not address anyone under the age of 18 ("Children").
We do not knowingly collect Personally Identifiable Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.
14. Supplemental Privacy Statement for California Consumers under CCPA
Our business proudly serves or will serve certain natural persons residing in the State of California (each, a “consumer”). This California Statement explains rights that California consumers may have under the CCPA.
When we use the term “Personal Information” in this supplemental California Statement, we are using that term as CCPA defines it, which CCPA generally defines “Personal Information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. However, Personal Information does not include publicly available, deidentified, or aggregate consumer information (which are all defined in CCPA). Notably, the definition of “Personal Information” also does not apply to the collection of Personal Information from job applicants, employees – whether you are our employee or any employee of the entity arranging access to our Services for you, business owners, directors, officers, staff, or contractors.
14.1 Categories of Personal Information we collect, the sources of that information, purposes for why we collect it, who we share it with, and whether we sell that Personal Information. Where we act as a “business” under CCPA (meaning we determine the manner and reasons for why we process your Personal Information), we may be required to disclose additional information regarding the categories of Personal Information we collect, the sources where we obtain that information, the purposes for why we collect that information, who we share that information with, as well as whether we sell that Personal Information – all of which depends on the specific Service.
14.2 Your privacy rights If you are a resident of California and are not a job applicant, employee/contractor, or employee/contractor of another company interacting with us in your job role, you have the right to request what information we collect, use, and disclose. You also have the right to request that we delete your information.
To make a request, you can contact us at firstname.lastname@example.org. Provide us enough information to verify your identify. We will use information you provide to us to verify your request. If we cannot initially verify your identity, we may request additional information to complete the verification process, such as, for example, a copy of your driver’s license and/or a recent utility or credit card bill. You can designate an agent to make a request on your behalf by either: (1) having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf. Please note that we may still require you to verify your identity before we process a request submitted by your agent.
California residents also have certain rights regarding the sale of Personal Information. California residents have the right to opt out of the sale of their Personal Information by contacting us at email@example.com.
We will not discriminate against you because you have exercised any of your privacy rights under the CCPA.
By Postal Mail:
11099 West Walker Drive
Littleton, CO 80127