We take the privacy of our visitors very seriously and aim to be transparent in our collection of user data. Our goal is to provide transparency beyond what is legally required and gain our user’s trust.
What Information Do We Collect?
We collect information with the ultimate goal of better serving our visitors. This includes non-identifiable computer information such as the operating system, web browser, internet service provider, and frequency of visits. This information is used to assist us in managing the website to make it more interesting and useful.
Registered users of our website may be subject to the collection of their email address, username and password, first and last name, address, telephone number, fax number, and payment information such as their credit card number and billing address. This information is used to streamline your experience on the website.
Public forums may be offered on this website. Any public disclosure of private information by a user is subject to being read, collected, or used by other users. We are not responsible for the personally identifiable information you choose to submit through public forums.
How Is This Information Collected?
We use tracking cookies, Google search and analytics data, and information compiled from completed forms.
Cookies are used to remember your preferences and to keep track of the pages you visit in order to personalize the website. You can set your browser to warn you each time a cookie is sent, or you can turn them off altogether. However, turning off cookies means you will not have access to some of the features that streamline user experience on our website. Also, some of our services may not function properly.
How Do We Use the Information We Collect?
The ultimate goal of collecting user information is to help us better serve you. So, we use this information for various purposes:
- Communicate with users regarding their account
- Improve the content of the Website,
- Customize the content and/or layout of the Website for each individual visitor
- Notify consumers about updates to the website
- Contact consumers for marketing purposes.
We may share the information we collect with agents or contractors who assist in providing support for our internal operations when necessary. We gladly abide by all legal requirements for disclosing any use of information.
Our users email addresses and other personally identifiable information are never given to advertisers without your permission, although we do allow third-party companies to advertise to our users through banners and other forms of paid advertising.
How Is Your Data Stored?
Data from forms that have been filled out is stored in local servers. However, all Google analytic data is stored by Google itself. We simply access their systems. All of this information is stored indefinitely unless it is manually deleted.
How Is Your Data Protected?
All of our servers are encrypted to protect all user data. We take this responsibility very seriously. However, no system is completely secure from hackers, network failure, and error. This is why we cannot guarantee the confidentiality, security, and integrity of information maintained on our website. Users visit our website at their own risk and are ultimately responsible for securing their information.
How To Opt Out of Data Collection
Send a removal request to us at [insert email address] if you do not want your data to be collected when you visit our website.
How To Opt Out of Receiving Email
Send a removal request to us at [insert email address] if you do not want to receive emails from us in the future.
How To Request Your Information
We are happy to provide you with all the information we have collected on your behalf. Simply email [insert email address] to request a copy of your data.
By Email: [insert email address]
By Regular Mail: [insert mailing address]
- Warn the user of forbidden activities
- Give the user notice of the possibility of scheduled interruptions (updates) or unintended shutdowns and offer your company’s policy on these issues, whether it be a commitment to notify the user prior to any interruptions or to restore service within a certain time period
1. Disclaimer of Warranties
You expressly agree that use of the Website, including browsing, downloading, and otherwise obtaining content from the Website, is at your sole risk. The Website and Website Content (as defined below) are provided on an “as is” and “as available” basis and “with all faults.” To the fullest extent permitted by applicable law, [insert company] makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website or Website Content in terms of its correctness, accuracy, reliability, or otherwise. [Insert company] shall have no liability for any interruptions, errors, computer viruses, or other harmful components in the use of this Website. [INSERT COMPANY] DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE, WEBSITE CONTENT, AND THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE WEBSITE AND WEBSITE CONTENT. [INSERT COMPANY] DOES NOT WARRANT THAT ANY WEBSITE CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, WEBSITE CONTENT, OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
2. Limitations of Liability
IN NO EVENT SHALL [INSERT COMPANY] OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO ANY USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, THE SERVICES FOUND AT THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY VIRUSES, WORMS, BUGS, OR TROJAN HORSES THAT MAY BE TRANSMITTED TO OR FROM THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE, ANY USER CONTENT (AS DEFINED BELOW), OR THE INABILITY TO USE THE WEBSITE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF [INSERT COMPANY] OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, [insert company]’s liability is limited to the greatest extent permitted by law. You also specifically acknowledge that in no event shall [insert company]’s total aggregate liability to you exceed the total amount paid by you for the particular services that are the subject of your claim against [insert company], if any.
You may have the option to create an account to participate in certain features of the Website. If you create an account, you agree to provide, maintain and update true, accurate, current, and complete information about yourself in the registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify [insert company] with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
4. Warranty and Indemnification
5. User Content
[insert company] is not responsible or liable for any User Content on the Website. User Content does not express the views of [insert company]. [insert company] does not guarantee that it will edit or delete User Content. [insert company] has the right, but not the obligation, to monitor User Content. [insert company] reserves the right to reveal your identity (or whatever information [insert company] knows about you) if a complaint or legal action arises from your behavior. Unless otherwise specified, [insert company] does not claim ownership of the User Content on the Website. You acknowledge that [insert company] is not responsible for the accuracy of any User Content and that you and not [insert company] are solely responsible for any User Content you post or upload to the Website. The User Content is not intended to, nor does it constitute legal, professional, medical or healthcare advice or diagnosis, and may not be used for such purposes. [insert company] provides this Website for entertainment, informational, educational and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will [insert company] be liable for any loss or damage caused by your reliance on any content on this Website.
You acknowledge that public forums offered on the Website are for public and not private communications. You are and shall remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk.
By posting or uploading User Content to this Website, you are granting [insert company] permission to use the User Content in connection with the Website. By submitting User Content, you also grant [insert company] the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.
[insert company] may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in its sole discretion. You have no right to maintain or access your User Content on the Website, and [insert company] has no obligation to return your User Content or otherwise make it available to you.
The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant [insert company] the rights set forth above without obligations or liability to any party, you agree to promptly provide [insert company] with the proper information pursuant to the procedures outlined in [insert company]’s Intellectual Property Policy.
6. Compliance with Laws and Prohibited Uses
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Website in any way that violates applicable state, federal, or international laws or regulations including, without limitation, the Can-Spam Act of 2003, or other government requirements.
You shall not post, submit to, advertise, display, or transmit through the Website any material that:
- Violates or infringes in any way on the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right or other intellectual property, personal, contractual, proprietary or other third-party right, whether of [insert company] or of any other person or entity;
- Impersonates another person or entity or is unlawful, threatening, abusive, defamatory, untrue, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable;
- Constitutes, enables, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- Includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
- Contains a formula, instruction, or advice that could cause harm or injury;
- Is a chain letter, “spam,” data mine, or “bot” of any kind, or facilitates mail abuse or unsolicited email of any type;
- The licensed use by [insert company] would result in [insert company] having any obligation or liability to any party; or
- Would result in [insert company] having any obligation or liability to any party.
7. Intellectual Property
For information on how to submit copyright or intellectual-property infringement claims or how to respond to such claims made against you, please see [insert company]’s Intellectual Property Policy.
8. Submission of Information
Although [insert company] may provide certain security in an effort to protect the electronic transmission of certain information that you submit to [insert company] through this Website, [insert company] does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g. credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility.
10. Restrictions on Use by Minors
If you are under 18, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 13. [insert company] does not collect personally identifiable information from any person [insert company] actually knows is a child under the age of 13.
11. Denial of Access
12. Modifications and Interruption to Service
[insert company] will in good faith endeavor to provide uninterrupted service to the Website, but you acknowledge and accept that [insert company] does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of [insert company]’s control.
13. Third Parties and Third-Party Sites
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that [insert company] is under no obligation to become involved. If there is such a dispute, you hereby release [insert company] and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors and service providers from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
14. Governing Jurisdiction of the Courts of Tennessee
15. Other Terms
Company may suspend all services on seven (7) days written notice until the amounts outstanding are paid in full. Client shall also reimburse Company for all reasonable out-of-pocket expenses, approved in advance by Client, that are actually incurred by Company in the performance of the Services, including, for example, third-party license fees for fonts or stock photography.
If Client places the project on hold for more than 14 calendar days after completion of work, or Client is inaccessible or unreachable for more than 14 calendar days without notice, the Services will be temporarily suspended and the project will be subject to a minimum on-hold fee of $100 per month they are unresponsive or unable to provide necessary website assets (the “On-Hold Fee”) for website launch. This On-Hold Fee covers the expenses incurred for [insert company] to place the project on-hold and then to re-initiate the project, upon Client’s request, for completion. Placing a project on hold does not alleviate the Client from the financial responsibilities outlined in the payment schedule as outlined within this Proposal. When Client is ready to re-initiate the project, Client shall notify [insert company] in-writing within 14 calendar days of their intent to release the On-Hold Status, and upon successful receipt of the On-Hold Fee and any outstanding balances due, re-initiation of the project will commence.
Copyright and IP Notice
Ownership of Website and Content
This website and its contents are intended for your personal use. All content included or available is the property of [insert website]. This includes:
- Website design
- Video clips
- Music and sounds, and/or other materials and the selection and arrangements thereof
- All source code, object code, trade dress, trademarks, service marks, and copyrighted materials used at the website and the selection and arrangements thereof
Procedure for Reporting Copyright or Other Intellectual-Property Infringement
Modification, distribution, or reproduction of any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining prior written consent of the owner of such proprietary rights is strictly prohibited.
Any user who infringes of the copyright rights of others will have their privileges revoked.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, [website name] designates the following as its agent for receipt of notifications of claimed copyright or other intellectual-property infringement:
By Email: [insert email address]
By Phone: [insert phone number]
By Fax: [insert fax number]
By Regular Mail: Intellectual Property Claim [insert mailing address]
You must notify us in writing of a claimed infringement of your copyright or other intellectual-property right by material residing on or accessible through this website. Provide the following through email, regular mail, or fax:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the work claimed to have been infringed, or, if multiple works on this website are covered by a single notification, a representative list of such works at the website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- The following statement by you: “I have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement by you: “The information in this notification is accurate, and I, as the complaining party, declare under penalty of perjury that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Inquiries that do not follow this procedure may not receive a response. Upon receiving a claim of infringement, we may, in our discretion, remove or disable the material claimed to be infringed.
Please be advised that if you misrepresent that material is infringing on your intellectual property, you may be liable for damages, including costs and attorneys’ fees. If you are not sure whether the material infringes on your intellectual property, you should consider contacting an attorney before contacting us.
How to Respond to a Claimed Infringement
We will take reasonable steps to notify the owner of the material of the claim if we remove or disable the material claimed to be infringing. The owner will then have the option to send us a counter-notice why the content does not infringe another’s intellectual-property rights and requesting reinstatement of the content. The counter-notice must be in writing and include the following information:
- The owner’s physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- The following statement by the owner: “I declare, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The owner’s name, address, and telephone number, and the following statement by the owner: “I consent to the jurisdiction of the Federal District Court for the judicial district in which my address listed in this notice is located, or if my address is outside of the United States, for any judicial district in which [insert company name] may be found, and I will accept service of process from the person who provided notification of infringement or an agent of such person.”
If we receive a counter-notice under these provisions, we may send a copy of the counter-notice to the original complaining party informing that person we may replace the removed material or cease disabling it in 10 business days. The removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at our discretion, unless the original complaining party files an action seeking a court order against the individual or entity who placed the content.