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The Terms of Use Agreement ("Agreement"), created on the effective date and last amended on date above, is made between ("user," "you" or "your"), and:
WEBSITE OWNER.
Website URL: www.vlhphotosplus.com/
Individual's Name: Vickie Lynn Holbrook
Street Address: 3935 Spring Creek Road, Trion, Georgia, 30753-5322
E-Mail: vickieholbrook333@gmail.com
Phone: 7069782869
The owner mentioned above includes its affiliated companies, websites, applications, software, and
tools (the "Company, " "we," "us," or "our"), and, with this Agreement, outlines the rights and
obligations that you and all users share, as well as any other media form, media channel, mobile
website or mobile application related or connected thereto (collectively, the "website"), for the purpose of making use of any of the content, software, or other tools on the website ("services").
ACCESS.
Your access to and use of the website and the services is conditional upon your acceptance of and
compliance with this Agreement, which applies to all the website's visitors. If for any reason, you do
not agree with any of the terms of this Agreement, you may not access the website or its services.
Additionally, your access to and use of the services is also conditional upon your acceptance of and
compliance with our privacy policy which describes our policies and procedures on the collection, use, and disclosure of your personal information which is by and commences when you use the
website. The privacy policy discloses details and discloses your privacy rights and protections under applicable laws. It is advised to read or privacy policy prior to accessing the website or its services.
a.) Minors (under the age of 18).
If any user is a minor in the jurisdiction where they reside, the minor must obtain permission from their parent or guardian to use the website. If a minor access the website, it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the website.
b.) Children (under the age of 13).
If any user is a child under the age of (13) years and from the United States, it is assumed that they obtained permission and verifiable parental consent to use the website. Furthermore, this Agreement allows the protections mentioned under the Children's Online Privacy Protections,
specifically, 15 U.S. Code s 6502.
We do not claim that the website's content is appropriate or suitable for you or any visitor. No information, data, or information provided on the website is intended for distribution or use in any location where such usage is prohibited or is contrary to any law or regulation which would subject the Company to the legal liability of any type. Any such access or use of the website is to be utilized on your own initiative, and you are solely responsible for any legal compliance.
Any supplement amendments or documents posted on the website following the effective date of this Agreement are to be considered expressly incorporated into this Agreement.
PROHIBITED ACTIVITIES.
As a user of our services, whether on the website or mobile app, it is prohibited to engage in the following activities to:
-Systematically retrieve data or other content from the website or services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission;
-Trick, defraud, or mislead other users or us, especially in any attempt to learn sensitive account information such as user passwords;
-Circumvent, disable, or otherwise interfere with security-related features of the website or services, including those that restrict the copying of content or protected marks;
-Disparage, tarnisj, or otherwise harm the Company, website, mobile app, or any other platforms where the services are offered;
-Use any information obtained from the website or the service to harass, abuse, or harm another person or group of people;
-Make improper use of our support services, specifically, our customer service representatives, or make false reports of abuse or misconduct;
-Use the website or services in a manner that is inconsistent with its intended use or against any applicable laws;
-Engage in spamming, linking, or referring to other websites for commercial or other purposes;
-Upload or transmit, or the attempt of such act, viruses, trojan horses, or other damaging or improper material, including the spamming or continuous posting of repetitive text, that has the potential to interfere, modify, impair, disrupt, alter, or interfere with another user's experience with the website or its features, functions, operations, or maintenance;
-Attempting any unauthorized automated use of the website, such as using scripts to send comments and messages, or using mining tools with the intentions of gathering, injecting, or extracting, or extracting data;
-Deleting copyrights, trademarks, disclaimers, or any other marks from the website or its content;
-Impersonating another user or person by use of a username, e-mail, personal name. or in any other manner;
-Upload or transmit, or the attrmpt of such act, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other devices, also known as "spyware," "passive collection mechanisms" or "pcms;"
-Interfering with, disrupting, or creating an undue burden on the website, services, networks, and other connections;
-Harassing, annoying, intimidating, or threatening any of the other users, employees, agents, contractors, or any other individual affiliated with the Company;
-Disabling or attempting to disable restrictions implemented by the website that prohibits access to certain areas;
-Copying or adapting the software of the website, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
-Deciphering, decompiling, disassembling, or reverse engineering any of the software on the website;
-Except as may be the result of standard search engine or internet browser usage, to use, launch, develop, or distribute any automated system, including without limitation, any crawlable spider, robot or bots, cheat utility, scraper, or offline reader that accessed the website or services, or using or launching any unauthorized script or other software;
-Using a buying or purchasing agent to make purchases on the website;
-Making any unauthorized use of the website or the services, such as collecting usernames, e-mail addresses, or personal names of users by electronic or other means to send unsolicited e-mails or create user accounts by automated means or under false pretenses;
-Using the website or services as part of any effort to compete with us or otherwise using the website, services, marks, content, data, or any thereof for any revenue-generating endeavor, commercial purpose, or for personal benefit;
-Using the website or services to advertise or offer to sell goods or other services;
-Selling your user profile or account on the website.
GUIDELINES FOR REVIEWS.
We may provide you, either on the website or by a 3rd party, the right to leave review or rating of the services provided. Said review or rating requires that you:
-Should have firsthand experience with the person/entity being reviewed;
-Don not contain any offensive, abusive, racist, profanity-laden language;
-Do not reference discriminatory language or references related to religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
-Do not include references to illegal activity;
-Do not post negative reviews as part of a scheme working with a competitor of ours;
-Do not make suggestions or conclusions as to the legality of our services, products, or conduct;
-Do not post any false or misleading comments about your experience with the website or our Company; and
-Do not organize a campaign encouraging others to post reviews, whether positive or negative.
In our sole discretion, we may decide to accept, reject, or remove reviews. Our responsibility is to screen reviews to ensure that any postings regarding the website and its services are accurate and verifiable. Any reviews made by you or other users of the website do not represent our opinions or statements of the services or of our affiliates or partners. We do not assume liability, claims, or losses resulting from any review made on the website. By posting a review, you hereby grant us a perpetual, nonexclusive, worldwide, commercial, royalty-free, and assignable license (and sublicense ability) to reproduce, modify, transmit by any means, display, perform, and/or distribute all content relating to such reviews made.
MOBILE APPLICATION LICENSE.
If a proprietary mobile application is offered in connection to the services offered on the website ("mobile app"), the following will apply:
a.) Use License. We grant you a revocable, nonexclusive, non-transferable, and limited license to install and use the mobile app to access the website and its services. Under such license, you agree that it is prohibited to conduct the following:
-Except as permitted by applicable law, to decompile, reverse engineer, disassemble, attempt to derive source code, or decrypt any part of the mobile app;
-Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the mobile app;
-Violate any applicable laws or regulations in connection with your use or access to the mobile app;
-Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the mobile app;
-Use the mobile app for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
-Allow the mobile app to be available over a network or other environment that permits access or use by multiple devices or users at the same time;
-Use the mobile app for creating a product, service, or software that is, directly or indirectly, competitive with or in any way substitute for the mobile app;
-Use the mobile app to send automated queries to any other website or application for unsolicited use, commercial or non-commercial; and
-Use any proprietary information provided by or through the use of the mobile app for the design,
development, licensure, or distribution of any other applications, accessories, or other devices for use with the mobile app.
b.) Apple and Android Devices. When using the mobile app on a Apple or Android device ("mobile platform"), the following will apply:
-The license granted to you when using the mobile app is limited to a non-transferable license on a device that utilizes either of the mobile platforms. as applicable. in accordance with the usages rules set forth in the applicable mobile platform's terms of service and any other applicable documents;
-It is known that we are responsible for providing any maintenance and support services with respect to the mobile app in regard to updates made by the mobile platform and in its day-to-day use;
-Any refund request made by you from purchases made on the mobile app must be requested on the mobile platform in accordance with its refund policy. We cannot, on the website. assist in any refund request for payments made on the mobile app;
-If the jurisdiction or governing law of the Company or mobile app is located in the United States, you verify that:
-You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; or
-You are not listed on any U.S. government list of prohibited or restricted parties;
-You must comply with applicable 3rd party agreements that are used in combination with your wireless plan, network connection, or any other data service or device agreement; and
-You acknowledge that the mobile platforms used in connection with the mobile app are 3rd party beneficiaries in regard to this Agreement and that each mobile platform will have the right to enforce its terms and conditions regarding your access and activities when using the mobile app.
COPYRIGHT POLICY.
a.) Intellectual Property Infringement.
It is our duty to respect the intellectual property rights od others. Therefore, it is our policy to respond to any claim that infringes on any trademark, copyright, or other intellectual property protected under law.
If you are an owner of any protected intellectual property that you feel is being used without your authorization, you must submit notice to us by any of the contact details mentioned herein and include a detailed description of the alleged infringement.
If any request is made, and it is determined that you are not the owner of the intellectual property or do not have the authority to act on the owner's behalf, you may be held accountable for damages which may also include costs related to attorney's fees for such misrepresentation.
b.) DMCA Notice and DMCA Procedure for Copyright Infringement Claims.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Company with the following information in writing (see 17 U.S.C 512 (c)(3) for further detail):
-An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyrighted work;
-A description of the copyrighted work that you claim has been infringed, including the URL(s) where the copyrighted work exist or a copy of the copyrighted work;
-Your contact details including a personal name, address, phone number, and an e-mail address;
-A statement that the copyright infringement is not authorized and that the request to remove the copyrighted work is in good faith; and
-A statement by you, with language that includes "under penalty of perjury," that the information included in the infringement removal is accurate.
Upon receipt of a copyright infringement notification, we will take whatever steps are required to remove the copyrighted content from the website or the services.
INTELLECTUAL PROPERTY.
Except as otherwise indicated, all source coding, databases, functionalities, software, graphic designs, and media of any kind (e.g. audio, video, text, photos, etc.), content, trademarks, service marks, logos, and copyrights are considered to be intellectual and proprietary information (intellectual property"). Such intellectual information is under our ownership and protected by local, state, national, and international laws and will be defended.
No intellectual property is permitted to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.
OTHER OBLIGATIONS.
You, as a user of the website or any of its services, agree to the following:
-Any information used for registration purposes, if required, must be submitted in an accurate and completed manner;
-If any information should change regarding your account, you agree to change it in a timely fashion;
-You have the legal capacity to understand, agree with, and comply with this Agreement;
-That you are not considered a minor in the jurisdiction where you reside or are accessing the website or its services;
-That you will not access the website or its services through the use of bots, scripts, or any other use than the traditional manner as intended; and
-That you will use the website and its services in an authorized and legal manner in accordance with this Agreement.
In regard to any of the information submitted by you, if it should be deemed inaccurate, out of date, or incomplete, we reserve the right to terminate your access to the website or account and any future intended use.
THIRD (3rd) PARTY WEBSITE AND CONTENT.
Our website or services may contain links to 3rd party websites that are not owned or controlled by us. Therefore, we assume no responsibility for the content, provacy policies, terms of use, practices, services, experiences, activities, or any other acts by 3rd parties. You acknowledge that if you are to be re-directed or forwarded to such 3rd party website, you hold us harmless and free of liability for any action that should occur on such websites, which may or may not include damages, losses, or any other claim.
ADVERTISING.
In the event that we host, display, recommend, or link to websites or services in exchange for a fee ("advertisements"), it shall be known that such websites and services are often not known to us and are provided via advertisement networks based on user data. We do not own or control such advertisements and assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities, or any other acts. Our only affiliation with such advertisements is the payment per display, clicks, or any other monetary benefit in accordance with its terms and conditions or affiliate terms.
Any advertisements used are subject to the Digital Millennium Copyright Act ("DMCA") policies.
There will be no refund or compensation related to a DMCA takedown of said advertisements. Our relationship with advertisers begins and ends with us providing space for the placement of such advertisements.
SITE MANAGEMENT.
To ensure the best experience for all users of our website and services, we reserve the right, in our sole discretion, to do the following:
-To monitor our website, services, and any other content for violations by users of this Agreement;
-To take appropriate actions against our users, including legal action, for those who may have violated this Agreement or have attempted to defraud or cause harm to other users;
-To refuse, restrict, limit, disable, or remove any and all files and Content which, due to excessive size limits or other properties, are burdensome to our systems or other users; and
-To otherwise manage our website and services in such a way as to protect our rights and property and to encourage the optimal running of said websites and services.
TERMINATION.
We may terminate or suspend your account for any reason and at our sole discretion. If your account is suspended or terminated, we may or may not provide prior notice. Upon termination, your access to the website and/or services will cease immediately.
If you wish to terminate your relationship with us, such termination can be made by simply discontinuing your use of the website and its services.
GOVERNING LAW.
The laws governing the Company's jurisdiction mentioned herein shall govern this Agreement, including your use and access to the website and services. Your use of this website, services, and any mobile app may be subject to other local, state, national, and international laws.
DISPUTE RESOLUTION.
If you should raise any dispute about the website, its content, or any of the services offered, it is required first to attempt to re solve the dispute formally by contacting us.
a.) Mediation. If a dispute cannot be agreed upon by the parties, it shall be moved to mediation for a period of 30 days with at least 10 hours to be committed by each party in accordance with the procedures of the United States Arbitration & Mediation. All costs related to said mediation shall be shared equally by both parties.
b.) Arbitration. If the dispute cannot be agreed upon during the mediation period, then the dispute will be submitted to binding arbitration in the jurisdiction of governing law.
We maintain the right to bring proceedings regarding the substance of any dispute in the courts of the country where you or we reside.
"AS-IS" DISCLAIMER.
It is recognized to you, as a user of the website and any services offered, that they are provided on an "as-is," "where is." and "as available" basis, including faults and defects without warranty.
To the maximum permitted under applicable law, the Company, on its own behalf and those of its affiliates, licensors, and service providers, expressly disclaim all warranties, whether express, implied, statutory, or otherwise, with respect to the said website and any services offered, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the forgoing, we provide no warranty or undertaking, and make no representation of any kind, that the content or any services provided will meet your requirements, achieve any intended results, be compatible or work with any software, applications. systems, devices, or services, including operating without interruption, or meet any performance or reliability standards or be error and bug-free from defects that can or will be corrected.
Without limiting the foregoing, neither we nor any of our providers make any representation or warranty of any kind, express or limited, in regard to the following:
-The operation or availability of the website or any services, or the information content, and materials or products included herein.
-The website or any services being uninterrupted or bug-free;
-The accuracy, reliability, or currency of any information or content provided through the website or services; and
-The website or any services, servers, content, or e-mails sent on behalf of our Company is free of viruses, scripts, trojan horses, worms, malware, timebombs, or any other harmful code.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on the applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to you. The exclusions and limitations outlined in this section will be applied to the greatest extent under applicable law.
INDEMNIFICATION.
You agree to defend, indemnify, and hold us harmless, including any of our subsidiaries, agents, or affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any 3rd party due to or arising out of the following:
-Our content;
-Use of the website or any of our services;
-Not able to use the website or any of our services;
-Any breach of this Agreement;
-Any breach of representations and warranties set forth in this Agreement;
-Any violation of the rights of a 3rd party, including but not limited to intellectual property rights; and
-Any overt harmful act toward any other user of the website or its services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We agree to use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
NOTICES.
Except as explicitly stated otherwise, any notices sent to us must be sent to vickieholbrook333@gmail.com. Any notices sent to you regarding any communication that must be sent in accordance with this Agreement will be sent to the e-mail registered to any account created on the website.
If notice is required to be sent via standard mail for legal or other purposes, the mailing address in Section 1 of this Agreement should be used.
USER SUBMISSIONS & CONTENT.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website ("submissions") provided by you is public and is not considered confidential unless otherwise stated. Upon submissions posted on the website, it becomes our exclusive property along with all intellectual property rights which may be used by us for any lawful purpose, commercial or otherwise, and without acknowledgment or compensation to you.
With the posting of your submissions, you agree to waive any rights to such submissions and acknowledge their transfer to us. In addition, you agree that after the posting of such submissions, there is no recourse. Therefore, you may not delete sub missions to use them on another platform for your benefit or to claim their rights.
Our website or services may allow you to chat, make postings (available for public or private viewing), or other communications functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, publish, or broadcast content and materials on the website, including but not limited to, text, writings, video, audio, photos, graphics, comments, suggestions, personal information or other material (collectively known as the "content"). Content may be viewable by other users or the general public. As such, any content transmitted by you may be treated as non-confidential and non-proprietary. When you create or make any content available on the website, you are accepting that:
-The creation, distribution, transmission, public display, or performance of displaying your content to be widely available for accessing, downloading, or copying does not infringe your or its proprietary rights, including but not limited to any copyrights, trademarks, patents, trade secrets, confidential information or moral rights of a 3rd party;
-You are the creator and owner of or have the necessary licenses, rights, consent, releases, and permissions to use and to authorize us, and other users of the website, to use your content in any manner deemed reasonable;
-You have the written consent, release, or permission of each and every identifiable individual in your content to use their name or likeness;
-Your content is not false, inaccurate, or misleading to the detriment of other users, the website, or
any 3rd party;
-Your content is not unsolicited or unauthorized advertising, used for promotional materials, ,pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitations;
-Your content is not lewd, obscene, lascivious, filthy, violent, considered harassment, libelous, slanderous, or otherwise objectionable (as determined by us);
-Your content does not ridicule, mock, disparage, intimidate, or verbally abuse other users or us;
-Your content is not used to harass or threaten (in the legal sense of those terms) any user or individual or promotes violence against a specific person or class of people;
-Your content does not violate any applicable laws or regulations;
-Your content does not violate any privacy-related concerns or the publicity rights of any 3rd party;--Your content does not include offensive comments to groups of race, national origin, gender, relationship status, familial status, religion, sexual preference, or physical handicap; and
-Your content does not link to material that violates any of the aforementioned provisions of this section or this Agreement.
By posting your content on our website, you grant us the right and license to use, modify and publicly perform, display, reproduce, and distribute such content. You retain any and all of your rights to any content you submit, post, or display and are responsible for protecting those rights. This license includes the right for us to make your content available to other users of the website, 3rd parties, and to the general public, with or without your consent.
ELECTRONIC MEANS.
When accessing the website or any of its services, sending e-mails, online forms, esignatures, or any type or kind of electronic records or communications, you consent that all agreements, notices, disclosures, and other communications we provide to you in such a manner satisfies any legal requirement that such communication should be in writing. You hereby agree that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or any jurisdiction which require an original signature or delivery or retention of non-electronic records.
CALIFORNIA USERS.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in any of the methods below:
Mail
1625 North Market Blvd, Suite N 112,
Sacramento, California
95834
Telephone
(800) 952-5210
(916) 445-1254
UNITED STATES FEDERAL GOVERNMENT END-USER PROVISIONS.
If you are a user acting on behalf of the U.S. federal government, our website and its services are treated as a "commercial item" as defined under 48 C.F.R. s 2.101.
MISCELLANEOUS.
This Agreement and any policies or operating rules posted by us, on the website, or through any services or in such constitute the entire Agreement and understanding between you, as a user, and us, as a Company. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with the jurisdiction where we are located and to the protections that you, as a user, are entitled to in your jurisdiction. We reserve the right to assign any or all of our liabilities, services, and obligations to another party at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond our reasonable control.
If any provision, section, clause, or part of this Agreement is determined to be unlawful, void, or unenforceable, that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language.
It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between you and us, the website, or any of its services. You agree that this Agreement will not be construed against us by virtue of having drafted and published on the website for your view. Therefore, you agree to waive any and all defenses that may have been assumed under this Agreement and the lack of signing by any party hereto.
Effective Date: August 27, 2024
DISCLAIMER FOR CALIFORNIA USERS.
Your privacy and rights under the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) are important to us. We provide this document to help you understand how we collect, manage, store, and use your personal information in the operation of our website. This Privacy Policy is intended for California residents but applies to all users of our
website. It discloses our practices regarding the collection, management, storage, and use of your Personal Information as defined under CIV 1798.140 (v) of the CCPA.
This Privacy Policy is between you and: Vickie Lynn Holbrook of 3935 Spring Creek Rd. Trion, Ga. 30753, phone # 706-978-2869 - E-mail: vickieholbrook333@gmail.com
PERSONAL INFORMATION COLLECTED. Identifiers: A real name or alias, postal address, signature, home phone number or mobile number, bank account number, credit card number, debit card number or other financial information, physical characteristics or description, e-mail address; account name, Social Security Number (SSN), driver's license number or state identification card number, passport number, or similar identifiers. Commercial Information. Records of personal property, products or services purchased, obtained, considered, or other purchasing or consuming histories or tendencies. Inferences Drawn From Other Personal Information. Profile reflecting a person's preference, characteristics, psychological trends, predispositions, behaviors, attitudes, intelligence, abilities, and aptitudes. Internet or Other Similar Network Activity. Browsing history, search history, and information on a consumer's interaction with a website, applicatio
n, or advertisement. Geological Data. Physical location or movements. For example, city, state, country, and Zip code associated with your IP address or derived through Wi-Fi triangulation; and, with permission in on your mobile device settings, and percise geolocation from GPS-based functionality on your mobile devices. Hereinafter Known as "Personal Information."
SOURCES OF INFORMATION WE COLLECT: Using the website - We collect certain information from your activity on our website, starting when you first arrive and accessing it on an electronic device. We may collect your IP address, device ID, advertising identifiers, browser type, operating system, internet service provider, pages visited (including clicks and duration), and other related log information. For mobile phones, we may collect your device's GPS signal or other information about nearby Wi-Fi access points and cell towers. COOKIES POLICY: Currently, our website uses cookies to provide you with the best experience possible. We, in addition to our service providers, affiliates, agents, advertisers, or other parties in connection with the website, may deploy cookies, web beacons, local shared objects, and other tracking technologies for various purposes. Such shall be for business use, marketing purposes, fraud prevention, and to assist in the day-to-day operations of the website. a.) "Cookies" Defined. Cookies act as data that is communicated between a user's web browser and a website or application. They are stored on your device to help track their areas of interest, provide the best experience possible, and customize the content, products, services, offerings, and advertisements served on the website. Most web browsers adjust to your browser's settings to decline or delete cookies, but doing so may degrade the experience with our online services. b.) 1-PIXEL IMAGES: Clear GIF's, Pixel tags, or web beacons, which are generally 1-pixel, are transparent images located on a web page or in an e-mail or other trackable source and may be used on our website in addition to any other communication offered by us. They are often used in connection with advertisements served to you that are interacted with, whether on our website or another online service and shared with us. This type of tracking is specifically meant to recognize users, assess traffic patterns, and measure site or campaign engagement. c.) FLASH COOKIES: Local Shared Objects, sometimes known as "flash cookies," may be stored on your device using a media player or other software. Flash cookies are similar to cookies in terms of their operation but may be managed in your browser in the same manner. d.) FIRST (1st) PARTY & THIRD (3rd) PARTY COOKIES: First (1st) party cookies are stored by a domain (website) you are visiting directly. They allow us to collect analytics data, remember preferred settings (e.g., language, currency, etc.), and perform related functions. Third (3rd) party cookies are created by domains other than those you are visiting, hence its name "third (3rd) party." They may be used for cross-tracking, retargeting, and ad-serving. e.) ESSENTIAL COOKIES: Such cookies are technically necessary to provide website functionality. They act as a basic form of memory, used to store the preferences selected by a user on a given website or application. They are essential to browsing functionally and cannot be disabled by users. As an example, an essential cookie may be used to recognize a past user from having to log in each time they visit a new page in the same session. f.) PERFORMANCE AND FUNCTION COOKIES: Such cookies are used to enhance the performance and functionality of a website but are not essential to its use. However, without these cookies, certain functions (like videos) may become unavailable. g.) ADVERTISING COOKIES: Such cookies are used to customize a user's ad experience on a website. When using data collected from cookies, it can prevent the same ad from appearing multiple times in the same session or that does not offer a pleasant experience. Advertising cookies may be used to serve a user with related services, products, or offerings that they may have shown a level of related interest in their past user history. If you would like to know more about cookies and how they are used, please visit www.allaboutcookies.org. You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result. ADVERTISEMENTS: Our website has advertisements. You may see advertisements by use of our website. These advertisements may be for either 1) our own
products, services, offerings, and content 2) via 3rd party advertising networks (such as AdSense)
or 3) Affiliate programs such as the Amazon.com Associates Central or related services. The advertisements presented to you may use your personal information and may contact you through other channels outside of the website, such as telephone, e-mail, and mailings. We do not disclose your personal information to 3rd party advertisers except as permitted by applicable laws and regulations, and we require that such 3rd party advertisers follow such applicable laws and regulations when they collect information from you to transfer such information to us. HOW WE USE PERSONAL INFORMATION: We may use or disclose your personal information for the following purposes. -Obligations- To carry out any obligations for paid products, services, offerings, or any obligations under our terms and conditions or terms of use. -Feedback- To get feedback on website improvements and generally provide an overall better experience. -Testing- For testing, research, and analysis, of user behavior on the website. -Protection- To protect against fraud, safeguard data, and the general security of the website. -Security- To detect security incidents, verify human users, and avoid being subject to malicious, deceptive, fraudulent, or illegal activity. -Law Enforcement- To respond to law enforcement request as required by applicate law, court order, or governmental regulations. -Intended Purpose- As described for the intended purpose when collecting your personal information.-Assessment- To evaluate or conduct a merger, divestiture, restricting, reorganization, dissolution, or outright sale, either wholly or partially, of our assets in which your personal information becomes a part of such sale. Our usage of your personal information may change over time, and when such changes occur, we will update this Privacy Policy accordingly. SELLING PERSONAL INFORMATION: Our policy is that we do not sell your persona information. If this should change, you will be notified and this Privacy Policy will be updated. SHARING PERSONAL INFORMATION: We disclose your personal information to 3rd parties for business purposes. The general categories of 3rd parties that we share with are as follows. -Our 3rd party service providers that, without their services, our website would not be able to function in its current manner. -Affiliated websites and business in an effort to bring you and our users improved services, products, and offerings; -Other companies, affiliate partners, and 3rd parties that help us advertise products, services, and offerings to you, other users, and potential new customers; -Third (3rd) parties to whom you, or an authorized agent on your behalf, authorized us to disclose your Personal Information; -Third (3rd) parties in connection with a corporate transaction, such as a sale, consolidation, or merger of our financial institution or affiliated business; and -Other third (3rd) parties to comply with legal requirements or to disclose Personal Information to government authorities per the rule of law. In the last 12 months, it is recognized that we have disclosed the aforementioned categories of Personal Information for business purposes. RIGHT AND CHOICES: This section describes your right and choices regarding how we collect, share, use, and protect your Personal Information, how to exercise those rights, and limits and exceptions to your rights and choices. a.) Exceptions: The rights and choices in this section do not apply to you if the information being collected is: -Aggregate consumer information; -Deidentified Personal Information; and -Publicly available information. b.) Access to Information: If the above exceptions do not apply, and you have not made this request more than twice in a 12 month period, you have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the last 12 months from the date we receive your request. Once we receive and confirm your request on your behalf, we will disclose it to you or your representative: -The categories of Personal Information we collect; -The categories of sources for the Personal Information we collect; -Our business or commercial purpose for collecting or selling such Personal Information; -The categories of third parties to whom we sold or disclosed the category of Personal Information for a business or commercial purpose; -The business or commercial purpose for which
we sold or disclosed the category of Personal Information; and =The specific pieces of Personal Information we collected about you in a form that you can take with you (also called a "Data Portability Request"). c.) Deletion (Erasure) Request Rights: You have the right to request that we delete any of your Personal Information that we collect from you and retain, subject to certain exceptions. Once we receive and verify your request, we will delete and direct our service providers to delete your Personal Information from our records unless an exception applies. We may deny your deletion request if retaining the Personal Information is necessary for us or our service providers to: -Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; -Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those for such activity; -Debug to identify and repair errors that impair existing intended functionality; -Exercise free speech, or exercise free speech, or exercise another right provided by law; -Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws when the businesses' deletion of the Personal Information is likely to render impossible or seriously impair the achievement of such research if you previously provided informed consent.-Enable solely internal and lawful uses of such Personal Information that are compatible with the context in which you provided it. d.) Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, deletion rights, or any other rights mentioned herein, a consumer or a consumer's authorized agent may submit a verifiable request to us by using the contact details mentioned herein. e.) You may only make a verifiable consumer request for access or data portability in relation to this section. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information is related to you. Making a verifiable consumer request does not require you to create an account with us. We will only us Personal Information provided via a verifiable consumer request to verify the requestor's identity or authority to make the request. f.) Authorized Agent. An authorized agent is any person or legal entity registered with the Secretary of State or similar office that you have authorized to act on your behalf. If a request is made by an authorized agent acting on your behalf, we may require the following: -Submission of evidence by you with your permission for the authorized agent to submit a verifiable request on your behalf. -For you to directly acknowledge, via electronic communication, that the authorized agent is allowed to act on your behalf; -Require the authorized agent to verify their identity; or -For a power of attorney document to be submitted that is signed in accordance with state law. We reserve the right to deny a request from an agent that does not
submit proof that they have been authorized by you to act on your behalf and cannot verify their own identity to us. g.) Response Timing and Format. As required under privacy laws, we agree to
respond to any verifiable consumer request within 45 days of its receipt. If we require more time,
with a maximum of 90 days, we will inform you, in writing, of the reason. Such notification will be by
e-mail unless there is another preferred communication method provided. If applicable, the response we provide will also explain the reasons we cannot comply with a request. For data portability request, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the Personal Information from one entity to another entity without hindrance. No fee will be charged to process or respond to your verifiable consumer request. h.) Right of Non-Discrimination. We do not discriminate against you for exercising any of your rights in this Privacy Policy and under applicable laws. Unless permitted by law, we will not: -Deny you goods or services; -Charge you different prices or rates for goods, services, and offerings, including through granting discounts or other benefits, imposing penalties; or -Provide you with a different level of quality of goods or services. CHANGES AND AMENDMENTS: We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to the Privacy Policy, we agree to notify you by e-mail or other preferred communication methods. LINKING TO 3RD PARTIES: We may provide links to 3rd party sources such as websites, applications, content, or software ("3rd Parties"). When you use a link online to visit 3rd parties, you will be subject to their privacy policy and the jurisdiction of governing law. It is recommended to familiarize yourself with its terms and disclosures regarding your Personal Information. We are not responsible for the handling of your Personal Information when using, accessing, or visiting 3rd parties. SECURITY & PROTECTION: We use reasonable physical, electronic, and procedural safeguards that comply with federal standards to protect and limit access to Personal Information. This includes device safeguards used in accordance with industry standards. It is understood by you that the Personal Information you submit to us electronically may not be secure when it is transmitted to us. Specifically, we recommend that you do not use unsecured or public channels to communicate sensitive or confidential information. CONTACT: If you have any questions or comments about the Privacy Policy, the ways in which we collect and use your Personal Information, your choices, or your rights regarding such use, or wish to exercise your rights, please do not hesitate to contact us by using the details mentioned in this Privacy Policy.