I. Information Collected
For each visitor to the Site, our servers automatically recognize only the visitor’s domain name, but not the e-mail address (unless requested and supplied by the visitor as a part of registration in connection with a program offered or made available on the Site).
You may provide additional information, such as categories of interest, preferred stores, and demographic information. The additional information is not required to become a member, but many members choose to supply the information so that they receive offers that match their shopping interests and store preferences.
We may also collect other information such as your IP address, browser type, domain names, access times and referring third party website addresses. This information is used for the operation of our Site, to maintain the quality of our offerings, and to provide general aggregate statistics regarding the use of the Site. Such information is not personally identifiable. Geographic, demographic, and category preference information across member profiles may be summarized for merchants advertising on the Site. This helps prospective sponsors understand the viewership they will reach.
In addition, we may receive personal information about you from outside sources and add it to your existing Registration Information on file at the Site. We do this to improve personalization of our services (for example, providing better newsletter content, advertising and/or special offers that we think may be of interest you).
We also collect information such as the identification of the server that your computer is logged onto and whether you opened an e-mail message delivered to you from the Site. We also may compare our member list to various lists received from other third-party companies, in an effort to avoid sending identical or similar e-mail messages to our members.
II. Information Collection Processes
In addition to the information collected by us and registration information submitted by you, we may employ both first-party and third-party cookies. A cookie is a piece of data stored on your hard drive containing activity-based information about you, and it is designed to facilitate the receipt of targeted and relevant advertisements. The cookie is not associated with your personally identifiable information.
In addition to cookies, the Site pages and/or e-mails may contain electronic images known as “pixel tags” (also known as clear gifs) to track the pages that visitors and/or members visit at the Site for purposes of formatting future campaigns and upgrading visitor information used in reporting statistics. The Site may also contain pixel tags placed there by third parties to help determine the effectiveness of a joint promotional or advertising campaign.
III. Our Use of Your Information
We retain personal information submitted by you on a secure server so that on re-visiting our Site, you will not need to re-enter that information. We may use this information in an aggregated form to measure number of visits, average time spent on the Site, pages viewed, and other relevant statistics. We collect this information to measure the use of our Site and to improve the content of our Site.
You also agree that we, and other third parties, may contact you via e-mail, direct mail and telemarketing for feedback purposes and surveys. In addition, we may send you e-mail regarding general and administrative information about your membership.
In addition, by registering at the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”). Notwithstanding that your telephone number may be listed at the Federal Trade Commission’s Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the Rule.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from customer lists, analyzing data, and providing marketing analysis. These agents have access to our members’ personal information as needed to perform their functions for us, but we do not permit them to use our members’ personal information for other purposes.
We will not rent, sell or share any personal information we gather from you to third parties, except as indicated herein or to provide information regarding the products or services you have requested information about. Notwithstanding the foregoing, we may provide your personal information to third parties for data services which may include, but not are not limited, to data cleansing, merge-purge, appending and mapping or for other purposes to which you have consented. The Company does not allow third parties to collect information from users of the Site without the users’ consent.
You may opt-out of receiving marketing e-mail messages from the site either when you register with the Site or at a later date. To opt-out of receiving e-mails after registration, you may either: (i) click on the unsubscribe link at the bottom of any commercial e-mail you receive and follow the instructions on-screen (you may do so any time after receipt of the e-mail), (ii) click on the unsubscribe and choose to stop receiving e-mails, or (iii) write to Proven Performance Group 800 Grand Ave, Suite C-12-A Carlsbad, CA 92008, Attention: Customer Service. Please note that it may take up to 72 hours for us to process an opt-out request and that any e-mail communications within the queue prior to your decision to opt-out will still be sent to you. You will still continue to receive e-mail messages from other third-party services that you have requested to receive e-mails from if you opt-out of receiving marketing messages from the Company.
We employ procedural and technical safeguards to secure your personal information against loss, theft, alteration, and unauthorized access, use and disclosure.
We also protect your information off-line. All of our users’ information is restricted in our offices. Only employees who need the information to perform a specific job are granted passwords to access personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. Every quarter, as well as any time new policies are added, our employees are notified and/or reminded about the importance we place on privacy, and what they can do to ensure our customers’ information is protected.
Regardless of the precautions taken by us we cannot ensure or warrant the security of any information you transmit to us, and you
We recognize the unique privacy concerns regarding children. We are committed to carefully protecting privacy where children are involved no matter the point of contact. In particular, our intention is to fully comply with the Children’s Online Privacy Protection Act (“COPPA”). Pursuant COPPA guidelines, we do not knowingly collect personal information from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personal information through any point of contact, please contact us and we will delete the information about the child referenced from our files.
VI. Sale, Merger or Reorganization
The Company may transfer, sell or assign information concerning your use of this Site, including without limitation, personal information and Registration Information that you provide and other information concerning your use of the Site, to third parties, as a result of a sale, merger, consolidation, changing control, transfer of substantial assets, reorganization or liquidation of the company.
VII. Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF US TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEBSITE OR U.S. $100.00.
We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. The Company may restrict, suspend or terminate your access to the Site and/or its services with or without cause.
II. INTELLECTUAL PROPERTY RIGHTS
As between you and the Company, the Company owns, controls, or licenses all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.
Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. You may view the content on the Site on your computer or other internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the services offered on or through the Site, including any content and materials thereon, are only for your personal, non-commercial use.
Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of the Company or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. Any use of the Site, or the content, code, data or materials thereon, except as otherwise provided herein, is strictly prohibited. We will enforce our intellectual property rights to the fullest extent of the law. The use of this Website and its services is a privilege. Proven Performance Group reserves the right to suspend your use of this Website for any reason at any time, in its sole discretion.
III. USER SUBMISSIONS
The Company values your ideas and welcomes your feedback. Please note, however, that the Company does not solicit and will not pay for your creative ideas. If you choose to send the Company feedback, you acknowledge and agree that you do so voluntarily and that no contract or confidential relationship is thereby created. You agree that you did not get the material from another person and are free to provide it to the Company. You also agree that the Company’s review of your material does not mean that it is unique or original and that the Company may independently have created or create it in the future something substantially similar or identical to your submission, with no liability or obligation to you. The content of your submission will become and remain the sole property of the Company, and the Company shall be entitled to unrestricted use of your material for any purpose whatsoever, without compensation to you.
IV. ACCEPTABLE USE OF THE WEBSITE
The Site and its services are intended to facilitate collection of certain information from you, for the promotion of third party goods and services. You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Site.
You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve the right to revoke your right to link to the Site from your web site at any time upon written notice to you.
V. LIMITATIONS ON INFORMATION SUBMITTED
Any submission of information to us through the Site is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any Internet Web sites;
b. It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material);
c. It may not contain trade secrets (unless you own them or have the owner’s permission to post them);
d. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;
e. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
f. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
g. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
h. You may not solicit money, investments or make any offering of securities or investments;
i. You may not submit chain letters or pyramid schemes; and
j. You may not submit opinions or notices, commercial or otherwise.
VI. MONITORING OF INFORMATION
The Company does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. You assume the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, the Company in its discretion may review information submitted to the Site for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Site for any reason whatsoever.
VII. RIGHTS TO INFORMATION
VIII. THIRD PARTY SERVICES
You may be able to link from the Site to third party web sites (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
The Company disclaims any liability for links (1) from another web site to this Site and (2) to another web site from this Site. The Company cannot guarantee the standards of any web site to which links are provided on this Site nor shall the Company be held responsible for the contents of such non-Company sites, or any subsequent links. For this reason, the Company does not represent or warrant that the contents of any third-party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, the Company is not responsible for web casting or any other form of transmission received from any linked web site. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
IX. DISCLAIMER OF WARRANTIES
COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
X. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your use of this site (including negligent or wrongful conduct) by you or any other person accessing this site using your computer or Internet account.
XII. APPLICABLE LAWS
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.