Privacy Policy, Disclosure, & Disclaimer

A Sheley Christmas, www.asheleychristmas.com is governed by the following privacy policy

AFFILIATE DISCLOSURE

I may have a financial relationship with some of the merchants I mention.

From time to time, my blog posts and pages may contain affiliate links, which means I may get compensated/earn a commission at no extra cost to you if the affiliate links are utilised to make a purchase.

My editorial content, including the advice I provide for educational purposes and the opinion I express on products, services and merchants is not influenced in any way by advertisers or affiliate partnerships and the integrity of my content is in no way compromised by such financial relationships.

I only affiliate with products, services, and merchants that I believe will provide value to my readers. I only endorse products, services and merchants that I have personally used/tested and consider of the highest quality standard.

It remains solely your personal responsibility to conduct your own investigation to determine whether to purchase an affiliate product or service.

You will not rely on any recommendation, reference, or information provided by me and I cannot be held liable or responsible for any damages resulting from your purchase.

I am a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for me to earn fees by linking to Amazon.com and affiliated sites.

PRIVACY POLICY

Last updated: February 23, 2023

OWNER AND DATA CONTROLLER

A Sheley Christmas (“us”, “we”, or “our”) operates https://www.asheleychristmas.com (the “Site”).

Contact email: [email protected]

We are committed to protecting and respecting your privacy.

This Site collects some personal data from its users.

This Privacy Policy informs you of our views, practices and policies regarding the collection, use and disclosure of personal data we receive from users of the Site.

By submitting personal data to us, you agree to us using your personal data as follows.

INFORMATION COLLECTION, PURPOSE AND USE

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 may include, but is not limited to name, email address, cookies, usage data, password.

We may use your personal information to

•                      send you our newsletters from time to time weekly

  •                     manage contacts and send messages

•                     ensure that content from our site is presented in the most effective manner for you and for your computer

•                     provide you with information, products or services that you request from us which may be of interest to you

•                     interact with external social networks and platforms (social media widgets and share bars)

•                     allow access to third party services’ accounts

•                     carry out remarketing and behavioural targeting (including display ads)

•                     display content from external platforms

•                     carry out commercial affiliations (e.g. display ads)

Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site.

This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this data.

Cookies

Last updated: February 23, 2023

This Cookie Policy outlines how A Sheley Christmas (“us”, “we”, or “our”) our third-party service providers use cookies and similar technologies to recognize, collect, and/or track information about, and relevant to, your usage of https://www.asheleychristmas.com (the “Site”).

WHAT COOKIES ARE

Cookies are text files with a small amount of data, which may include an anonymous unique identifier.

Cookies are sent to your browser from a web site and stored on your computer’s or tablet device’s or mobile device’s part of the hard drive specifically designated for cookies.

It is standard practice to use cookies to make your experience better when using a website.

Like many sites, we use “cookies” to recognize, collect, and/or track information about, and relevant to, your usage of the Site.

These cookies are known as “first-party cookies”. We may also recognize, collect, and/or track information through cookies set by third parties. These cookies are known as “third-party cookies”. Third-party cookies are used to perform tasks related to advertising, and analytics, and to enable interactive features such as sharing or commenting. Some third parties collect statistics in an anonymized and aggregated form and may not require the consent of the user.

The information that our first-party cookies or third-party cookies recognize, collect, and/or track may include information about your devices, browsing actions, and patterns, such as among others, the type of computer you use, your internet service provider, your browser type, your location, your IP address, the date and time of your visit, the pages viewed, your traffic pattern through the Site.

Upon your first visit to the Site (and periodically after that), we will request your consent to our use of cookies except for those strictly necessary.

WHAT COOKIES WE USE

We use the following categories of cookies on the Site:

Strictly necessary cookies

These cookies are essential to enable you to browse the Site and use its features. We use cookies to save your sessions, your login details, and other information necessary to perform your requests, and to carry out other activities that are strictly necessary for the operation of this Site, for example in relation to the distribution of traffic. We use cookies to save browsing preferences and to optimize your browsing experience.

Analytics cookies

These cookies collect information about your use of the Site, such as for instance, browsing actions, and patterns, the date and time of your visit, the pages viewed, your traffic pattern through the Site.

Through the collection of this information, we are able to monitor and analyze web traffic to the Site. User behaviours may be recognized, collected, and/or tracked.

We use Google Analytics to monitor and analyze web traffic to the Site.  Google utilizes the data recognized, collected, and/or tracked on the Site to prepare reports on traffic activities.

This integration of Google Analytics anonymizes your IP address.

Google may use the information recognized, collected, and/or tracked to personalize the ads of its advertising network and may share the information recognized, collected, and/or tracked with other services.

Security cookies

These cookies are essential to our security features. These cookies allow us to detect malicious activities or activities in breach of our terms of use.

Customization cookies

These cookies allow the Site to save information and details such as your username to optimize your experience on the Site and provide personal features.

Social media cookies and pixels

These cookies allow you to share your activity on the Site on social media such as Facebook, LinkedIn, and Twitter, or other external platforms directly from the Site.

Cookies may still be recognized, collected, and/or tracked on the pages where buttons, widgets, or other applications are installed, even when you do not actively use it.

The interaction and information recognized, collected, and/or tracked through the Site are always subject to your privacy settings for each social network and external platform.

You are encouraged to refer to the privacy policy of the relevant social network or external platform and to log out from the respective network or platform in order to make sure that the information collected on the Site is not tracked back to your profile.

Facebook Like button and Facebook social widgets

The Facebook Like button and Facebook social widgets are application allowing interaction with the Facebook social network.

Twitter Tweet button and Twitter social widgets

The Twitter Tweet button and Twitter social widgets are applications allowing interaction with the Twitter social network.

Social media pixels

We reserve the right to use social media pixels. These pixels allow social media such as Facebook to track visitors to external websites in order to tailor their advertising activities to target users while browsing their social media network. For information regarding these pixels, you are encouraged to refer to the privacy policy of the relevant social network.

Facebook pixel

Facebook pixel connects the activity performed on the Site with the Facebook advertising network, including Instagram and Audience ads.

Targeting or advertising cookies

These cookies record your browsing actions and patterns on the Site, such as among others, the pages you have visited and the links you have followed. The information recognized, collected, and/or tracked by these cookies is used to make our Site and the advertising displayed by way of links or banners on the Site more relevant to your interests. For the same purpose, this information may also be shared with third parties, such as Google Adsense.

HOW TO CONTROL COOKIES

In accordance with our Privacy Policy and this Cookie Policy, you have the right to accept or reject cookies.

Strictly necessary cookies may not be rejected since they are essential to enable you to browse the Site and use its features.

Should you reject cookies, you will still be able to use the Site although certain features and functionalities may not be available to you and/or certain areas may be restricted.

In addition to what it is indicated within this Cookie Policy, you can manage preferences for cookies directly from within your own browser and prevent – for example – third parties from installing cookies.

Through browser preferences, it is also possible to delete cookies installed in the past, including the cookies that may have saved the initial consent for the installation of cookies by this Site.

You can find information about how to manage cookies in the most commonly used browsers (e.g. Google Chrome, Mozilla Firefox, Apple Safari, and Microsoft Internet Explorer) on the website of the browser of choice.

With regard to cookies installed by third parties, users can manage their preferences and withdrawal of their consent by clicking the related opt-out link (if provided), by using the means provided in the third party’s privacy policy, or by contacting the third party.│

CONTACT US

If you have any questions about this Cookie Policy, please contact us at [email protected]/via our contact form https://www.asheleychristmas.com/p/contact.html

DATA STORAGE

By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

LAWFUL BASIS OF PROCESSING PERSONAL DATA UNDER THE GDPR

We may process personal data relating to users if one of the following applies:

•         users have given their consent for one or more specific purposes;

•         processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;

•         processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

DATA RETENTION

We process and store your personal data for as long as required by the purpose they have been collected for.

Therefore:

·         we may be allowed to retain personal data for a longer period whenever the user has given consent to such processing, as long as such consent is not withdrawn;

·         we may be obliged to retain personal data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, personal data will be deleted and some of your rights (i.e. the right by to access, the right to erasure, the right to rectification and the right to data portability) cannot be enforced after expiration of the retention period. You may find specific information regarding your rights within the relevant section of this Privacy Policy or by contacting me [email protected] or via my contact form https://www.asheleychristmas.com/p/contact.html

THIRD-PARTY DISCLOSURE

We do not sell, trade, or otherwise transfer to outside parties your personal information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users (such as, for example, [email protected]), so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

YOUR RIGHTS UNDER THE GDPR

Users based in the European Union have the right to do the following:

•         Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their personal data.

•         Object to processing of their data. Users have the right to object to the processing of their data if the processing is carried out on a legal basis other than consent.

•         Access their data. Users have the right to learn if data is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the data undergoing processing.

•         Verify and seek rectification. Users have the right to verify the accuracy of their data and ask for it to be updated or corrected.

•         Restrict the processing of their data. Users have the right, under certain circumstances, to restrict the processing of their data. In this case, we will not process their data for any purpose other than storing it.

•         Have their personal data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their data from us.

•         Receive their data and have it transferred to another controller. Users have the right to receive their data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any undue delay.

•         Lodge a complaint. Users have the right to bring a claim before their competent data protection supervisory authority.

You can exercise your right to prevent such processing by contacting us at [email protected] /via our contact form https://www.asheleychristmas.com/p/contact.html

These requests can be exercised free of charge and will be addressed by us as soon as possible and always within thirty (30) days.

SECURITY

The security of your personal information is important to us.

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our Site as safe as possible.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.

In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

Unfortunately, no method of transmission over the internet is completely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

 CalOPPA (CALIFORNIA ONLINE PRIVACY PROTECTION ACT)

We agree to users visiting our Site anonymously.

Do not track signals

Pursuant to the California Online Privacy Protection Act (CalOPPA), we hereby disclose that we do not currently honor “do not track” signals issued by browsers or other third-party sources.

COPPA (CHILDREN ONLINE PRIVACY PROTECTION ACT)

For the collection of personal information from children under the age of thirteen (13) years old, we comply with the Children’s Online Privacy Protection Act (COPPA).

The Site is intended for individuals who are eighteen (18) years of age or older. 

By visiting and using the Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.

The Site is not intended for children under thirteen (13) years of age.

We do not specifically market to children under thirteen (13) years of age. We do not knowingly collect personal information from children under thirteen (13) years of age. We do not knowingly collect personal information from children under thirteen (13).

If you are under thirteen (13) years of age, please do not use the Site or provide any information on the Site, including your name, screen name, username, address, telephone number, email address, and payment details.

If we learn we have collected or received personal information from a child under thirteen (13) years of age without verification of consent from a parent or guardian, the personal information collected or received shall be deleted with no delay.

If you believe we might have any information concerning a child under thirteen (13) years of age, please contact us at [email protected] /via our contact form https://www.asheleychristmas.com/p/contact.html and we will endeavour to delete such information with no delay.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is effective as of February 23, 2023 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of our Site after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

CONTACT US

If you have any questions or concerns about this Privacy Policy, please contact us by email to [email protected] or via our contact form https://www.asheleychristmas.com/p/contact.html

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TERMS & CONDITIONS

The following Terms & Conditions are entered into by and between You and A Sheley Christmas (“Company”, “us”, “we”, or “our”) which owns and operates https://www.asheleychristmas.com (the “Site”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), are a binding agreement and govern your access to and use of the Site including any content, product, functionality and services offered or purchased on or through the Site.

Please read these Terms and Conditions carefully before you start using the Site.

By visiting and using the Site or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you indicate that you accept and agree to be bound and abide by these Terms & Conditions and any documents incorporated herein by reference. If you do not agree with these Terms & Conditions, you must cease usage of the Site, or any related services, immediately.

This Site is intended for individuals who are 18 years of age or older.

By visiting and using this Site, you represent and warrant that you are of legal age and meet all of the foregoing eligibility requirements.

CONTENT

All information on this Site, including all copyrights, trademarks, design rights and other intellectual property rights related to the content and work product on this Site, are owned by A Sheley Christmas, with the exception of the content you submit to us set forth in the section below.

The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Site does not grant you any ownership rights to the Content of our Site.

The reproducing in any format (including on another website) of any part of our Site (including content, images and designs) without our prior written consent is strictly prohibited.

Requests for prior written consent should be addressed to the following email: [email protected].

You may provide links to our Site as long as

  1. you clearly give credit to us as the author,
  2. include a hyperlink to our Site,
  3. you do not remove or obscure any portion of our Site by framing or otherwise,
  4. your website does not engage in illegal or pornographic activities, and
  5. provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not provide links in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent.

You must not provide links from any website that is not owned by you.

You must cease providing links to our Site immediately upon our request.

RELIANCE ON CONTENT

The Content of this Site is meant for informational purposes only and is not intended to amount to professional or specific advice on which reliance should be placed.

Please refer to our Disclaimers for further information: https://www.asheleychristmas.com/p/policies.html.

Every effort has been made to only provide complete and accurate information. However, we disclaim all responsibility and liability arising from any inaccuracies and any reliance placed on the information presented on this Site and shall not be liable for any damages or harm.

CONTENT YOU SUBMIT TO US

You may be provided with the ability to upload, display, post, transmit, send, email or otherwise submit to us on the Site or on any of our social media accounts, content in the form of text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (the “content”, or “content you submit to us”).

You expressly acknowledge and agree that once you submit the content to us, it will be accessible by others, and that there is no confidentiality or privacy with regard to such content, including, without limitation, any personally identifying information that you may make available.

You, and not us, are entirely, and solely, responsible for all the content you submit to us. We do not claim ownership rights in the content you submit to us. However, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) such content and all intellectual property and moral rights therein, including, without limitation, distributing part or all of the Site in any media formats through any social media channels or technology now known or hereafter devised.

You represent and warrant that

•           the content you submit to us is your original creation or you own the content or otherwise have the right to grant the license set forth above

•           the content you submit to us does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person,

•           the content you submit to us does not result in a breach of contract between you and a third party,

•           the content you submit to us does not contain any libelous, defamatory, or obscene material or content that violates our terms of use or those of our social media accounts.

You agree to be held solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of the content you submit to us and for all royalties, fees, and any other monies owing any person by reason of the content you submit to us.

NO WARRANTIES

We make no representations or warranties of any kind, express or implied, as to the performance or operation of the Site and the information, contents, materials, documents, products, or services included on or through the Site. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event will our company or its directors, employees, or agents be liable to you or any third person for any direct, indirect or consequential loss or damage incurred in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You expressly acknowledge and agree that our company its directors, employees, or agents

shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

PROHIBITED USE

As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions.

You are prohibited from violating or attempting to violate any security features of the Site; damaging, disabling, or impairing or attempting to damage, disable or impair the Site; gaining or attempting to gain unauthorized access to any portion or feature of the Site; interfering with or causing disruption in the operation of the Site; modifying, reverse-engineering, decompiling, disassembling, participating in the transfer or sale, creating derivative works or attempting to modify, reverse-engineer, decompile, disassemble, participate in the transfer or sale, create derivative works, or in any way exploit, in whole or in part, any of the content available on the Site.

You agree to use the Site for lawful purposes only and any violation of any provision contained in these Terms may subject you to civil and/or criminal liability.

COMMENTS

When you leave a comment on our Site, your comment will be publicly available to other visitors of this Site.

For spam detection purposes, we collect the data shown in the comments form, and also your IP address and browser user agent string in accordance to our Privacy Policy https://www.asheleychristmas.com/p/policiess.html.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

If you leave a comment on our Site, 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. These cookies will last for one year.

Your comment may be checked through an automated spam detection service.

You can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

We reserve the right to remove any comment that we determine to be unlawful, inappropriate, offensive or otherwise objectionable or in violation of intellectual property laws or these Terms & Conditions.

PRIVACY POLICY

While using the Site, you may provide certain personally identifiable information, such as your name, email address or IP address.


We process information about you in accordance with our Privacy Policy: https://www.asheleychristmas.com/p/policiess.html.

By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

LINKS TO THIRD PARTY SITES AND SERVICES

This Site may from time to time contain links to third-party sites and services.

We have no control over and assume no responsibility for the content or practices of any third-party Sites or for any loss or damage that may arise from your use of them.

We recommend that you review the privacy policy and terms and conditions of such third-party sites. Once you leave our Site, you are no longer governed by our Terms & Conditions.

EMBEDDED CONTENT FROM OTHER SITES

Content on this Site may include embedded content (e.g. videos, images, articles, etc.).

Embedded content from other sites behaves in the exact same way as if the visitor has visited the other website.

These sites 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 site.

AFFILIATE LINKS

We may have a financial relationship with some of the merchants we mention.

This Site may contain affiliate links, which means we may get compensated at no extra cost to you if you make a purchase through a link.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

Our editorial content, including the opinion we express on products, services and merchants are not influenced in any way by advertisers or affiliate partnerships.

We only endorse products, services and merchants that we have personally used/tested and consider of the highest quality standard.

Please refer to our Disclosures for further information: https://www.asheleychristmas.com/p/policiess.html.

INTELLECTUAL PROPERTY

The contents, materials, documents, courses, products, or services included, offered, or purchased on or through the Site are protected by international copyright law and may not be copied, reproduced, given away, or used to create derivative works without our expressed written permission.

When using the Site, purchasing a digital product or course from the Site or downloading digital product free of charge or in exchange for your email address from the Site, you are granted a limited, personal, non-exclusive, non-transferable license of our contents, materials, documents, products, courses or services included, offered, or purchased on or through the Site for your personal or internal business use only.

You expressly acknowledge and agree that we retain full copyrights and under the aforementioned limited, personal, non-exclusive, non-transferable license you have no right to:

– modify, copy, reproduce or sell the materials;

– use the materials for any commercial purpose;

– decompile or reverse engineer;

– remove any copyright or other proprietary notations from the materials;

– transfer the materials to another person;

– create derivative works based upon the materials;

– offer any competing products based upon the materials.

CONFIDENTIALITY

You acknowledge and agree that Confidential Information may be exchanged between parties in connection with the use of our Site and information, contents, materials, documents, products, or services included, offered, or purchased on or through the Site.

You must maintain the secrecy of Confidential Information and treat all Confidential Information as private and confidential. You shall use Confidential Information solely in the performance of the obligations under these Terms & Conditions. You shall not disclose the Confidential Information without prior written consent except where required by law or regulation. You shall indemnify us against all losses, costs, expenses and other liabilities which may be suffered or incurred in connection to or arising out of any breach of confidentiality.

REFUND AND RETURN POLICY

DIGITAL PRODUCTS

When purchasing a product through the Site, you agree to the payment of the purchase price listed on the Site for the Product (the ‘Purchase Price’). 

Payment of the Purchase Price may be made through a Payment Gateway Provider such as Stripe, PayPal, or Google Pay. In purchasing a product through the Site, you warrant and represent that you agree to be bound by the applicable Terms and Conditions, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider.

Once the purchase is completed, you will be issued with a receipt to confirm that the payment has been received and we may record your purchase details for future use.

Due to the nature of digital content, all purchases of digital products, courses and memberships from our Site are final unless a refund is required under relevant consumer protection laws.

GOVERNING LAW

These Terms of Use and any dispute or claim arising from or in connection with them shall be governed in accordance with the laws of Illinois and the United States.

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTSINCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE REVIEW THEM CAREFULLY. 

In case of a dispute relating to or arising out of your use of our Site, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Sangamon County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Illinois. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial regarding arbitral claims. The Parties further waive any rights to pursue or participate in a class or collective action.

INDEMNIFICATION

You agree to indemnify, defend, and hold us and our partners, consultants, agents, officers, directors, employees, subcontractors, successors, service providers, and affiliates free from and against any and all legal claims, demands, liability, loss, claim, and expense, including reasonable attorney fees, court costs and other legal expenses, which may arise from or relate to your violation of these Terms & Conditions, any act or omission in connection with your use of our Site, or your infringement, of any intellectual property or other right of any person or entity.

AMENDMENTS

We reserve the right to revise these Terms & Conditions at any time by amending this page.

All updates will be posted on this page and you are expected to check this page from time to time to take notice of any changes.

If you do not agree with the changes to these Terms & Conditions, you can choose to discontinue the use of our Site.

ENTIRE AGREEMENT; MODIFICATION

These Terms & Conditions constitute the entire understanding between the parties with respect to the subject matter hereof and specifically incorporate, supersede and replace all prior or contemporaneous oral and written agreements relating to the subject matter hereof.

No portion or provision of these Terms & Conditions may be changed, modified, amended, waived, supplemented, discharged, canceled or terminated orally or by any course of dealing, or in any manner other than upon written notice.

COUNTERPARTS

These Terms & Conditions may be executed in any number of counterparts in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Terms & Conditions.  

ASSIGNMENT

Neither these Terms & Conditions nor any of the rights, interests or obligations granted hereunder shall be assigned, sold, leased or otherwise transferred in whole or in part, by operation of law or otherwise by any of the parties without the prior written consent of the other parties. Subject to the foregoing, these Terms & Conditions will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns.

SEVERABILITY

Any provisions of these Terms & Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such condition, the remainder of these Terms & Conditions shall continue in full force and shall be enforced to the maximum extent possible.

NO WAIVER

The failure to exercise any right, power or remedy provided under these Terms & Conditions or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.

HEADINGS AND CAPTIONS

The headings and captions in these Terms & Conditions are included for convenience of reference only and in no other way define, limit or delineate any of the provisions hereof or otherwise affect their construction or effect.

FORCE MAJEURE

Neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to, acts of God, acts of war or terrorism, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.

TERMINATION

We reserve the right to terminate your rights under these Terms & Conditions without notice if you fail to comply with any of these Terms & Conditions.

Last updated: February 23, 2023