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State of Nevada |
Rev. CTOR09132017 |
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TERMS OF USE RailroadEducation.com / AmtrakContractor.com & ContractorOrientation.com and Holdings |
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Version Date: August 01, 2017
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”)
constitutes a legally binding agreement made between you, whether personally or
on behalf of an entity (“user” or “you”) and ContractorOrientation.com,
RailroadEducation.com, AmtrakContractor.com and their holdings Inc. and its affiliated companies (collectively,
“Company” or “we” or “us” or “our”), concerning your access to and use of the
www.AlwaysInMyThoughts.com and www.TributePages.com website as well as any
other media form, media channel, mobile website or mobile application related
or connected thereto (collectively, the “Website”). The Website provides the
following service: Creating beautiful online communities to celebrate lives,
share support, help grieve and preserve our memories of those we love. We want
to provide a place to gather and build a community of people from every corner
of the world to celebrate the lives and preserve the memories of loved ones.
Always & Forever wants this to be an easy, secure and affordable way to
bring people together during times of loss. (“Company Services”). Supplemental
terms and conditions or documents that may be posted on the Website from time
to time, are hereby expressly incorporated into this Agreement by reference.
Company makes no
representation that the Website is appropriate or available in other locations
other than where it is operated by Company. The information provided on the
Website is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject Company to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Website from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) are not permitted to register
for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS
AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF
APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO
ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS
AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE
COMPANY SERVICES OR THE WEBSITE.
PURCHASES; PAYMENT
Company bills you through an online billing
account for purchases of products and/or services. You agree to pay Company all
charges at the prices then in effect for the products you or other persons
using your billing account may purchase, and you authorize Company to charge
your chosen payment provider for any such purchases. You agree to make payment
using that selected payment method. If you have ordered a product or service
that is subject to recurring charges then you consent to our charging your
payment method on a recurring basis, without requiring your prior approval from
you for each recurring charge until such time as you cancel the applicable
product or service. Company reserves the right to correct any errors or
mistakes in pricing that it makes even if it has already requested or received
payment. Sales tax will be added to the sales price of purchases as deemed
required by Company. Company may change prices at any time. All payments shall
be in U.S. dollars.
REFUND POLICY
All sales are final and no refunds shall be
issued.
USER REPRESENTATIONS
Regarding Your Registration
By using the Company Services, you represent and
warrant that:
A. all
registration information you submit is truthful and accurate;
B. you
will maintain the accuracy of such information;
C. you
will keep your password confidential and will be responsible for all use of
your password and account;
D. you
are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use this Website; and
E. your
use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Website’s
registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Company has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to suspend or terminate your
account and refuse any and all current or future use of the Website (or any
portion thereof).
We reserve the right to remove or reclaim or
change a user name you select if we determine appropriate in our discretion,
such as when the user name is obscene or otherwise objectionable or when a
trademark owner complains about a username that does not closely relate to a
user's actual name.
Regarding Content You Provide
The Website may invite you to chat or
participate in blogs, message boards, online forums and other functionality and
may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute or broadcast content and materials to
Company and/or to or via the Website, including, without limitation, text,
writings, video, audio, photographs, graphics, comments, suggestions or
personally identifiable information or other material (collectively
"Contributions"). Any Contributions you transmit to Company will be
treated as non-confidential and non-proprietary. When you create or make
available a Contribution, you thereby represent and warrant that:
A. the creation, distribution, transmission, public
display and performance, accessing, downloading and copying of your
Contribution does not and will not infringe the proprietary rights, including
but not limited to the copyright, patent, trademark, trade secret or moral
rights of any third party;
B. you are the creator and owner of or have the
necessary licenses, rights, consents, releases and permissions to use and to
authorize Company and the Website users to use your Contributions as necessary
to exercise the licenses granted by you under this Agreement;
C. you have the written consent, release, and/or
permission of each and every identifiable individual person in the Contribution
to use the name or likeness of each and every such identifiable individual
person to enable inclusion and use of the Contribution in the manner
contemplated by this Website;
D. your Contribution is not obscene, lewd,
lascivious, filthy, violent, harassing or otherwise objectionable (as
determined by Company), libelous or slanderous, does not ridicule, mock,
disparage, intimidate or abuse anyone, does not advocate the violent overthrow
of any government, does not incite, encourage or threaten physical harm against
another, does not violate any applicable law, regulation, or rule, and does not
violate the privacy or publicity rights of any third party;
E. your Contribution does not contain material that
solicits personal information from anyone under 18 or exploit people under the
age of 18 in a sexual or violent manner, and does not violate any federal or
state law concerning child pornography or otherwise intended to protect the
health or well-being of minors;
F. your Contribution does not include any offensive
comments that are connected to race, national origin, gender, sexual preference
or physical handicap;
G. your Contribution does not otherwise violate, or
link to material that violates, any provision of this Agreement or any
applicable law or regulation.
CONTRIBUTION LICENSE
By posting Contributions to any part of the
Website, or making them accessible to the Website by linking your account to any
of your social network accounts, you automatically grant, and you represent and
warrant that you have the right to grant, to Company an unrestricted,
unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right and license to host, use, copy,
reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,
cache, publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part) and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate into
other works, such Contributions, and to grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through
any media channels. Such use and distribution license will apply to any form,
media, or technology now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names and logos, personal and commercial
images you provide. Company does not assert any ownership over your
Contributions; rather, as between us and you, subject to the rights granted to
us in this Agreement, you retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated
with your Contributions.
Company has the right, in our sole and absolute
discretion, to (i) edit, redact or otherwise change any Contributions, (ii)
re-categorize any Contributions to place them in more appropriate locations or
(iii) pre-screen or delete any Contributions that are determined to be
inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Website,
you hereby authorize Company to grant to each end user a personal, limited,
non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to
access, download, print and otherwise use your Contributions for their internal
purposes and not for distribution, transfer, sale or commercial exploitation of
any kind.
GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in
its sole discretion. Company has absolutely no obligation to screen reviews or
to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Those persons posting reviews should comply with the following
criteria: (1) reviewers should have firsthand experience with the person/entity
being reviewed; (2) reviews should not contain: offensive language, profanity,
or abusive, racist, or hate language; discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual
orientation or disability; or references to illegal activity; (3) reviewers
should not be affiliated with competitors if posting negative reviews; (4)
reviewers should not make any conclusions as to the legality of conduct; and
(5) reviewers may not post any false statements or organize a campaign
encouraging others to post reviews, whether positive or negative. Reviews are
not endorsed by Company, and do not represent the views of Company or of any
affiliate or partner of Company. Company does not assume liability for any
review or for any claims, liabilities or losses resulting from any review. By
posting a review, the reviewer hereby grants to Company a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable and
sublicensable license to Company to reproduce, modify, translate, transmit by
any means, display, perform and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you are accessing the Company Services via a
mobile application, then Company grants you a revocable, non-exclusive,
non-transferable, limited right to install and use the application on wireless
handsets owned and controlled by you, and to access and use the application on
such devices strictly in accordance with the terms and conditions of this
license. You shall use the application strictly in accordance with the terms of
this license and shall not: (a) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the application; (b) make any
modification, adaptation, improvement, enhancement, translation or derivative
work from the application; (c) violate any applicable laws, rules or
regulations in connection with your access or use of the application; (d)
remove, alter or obscure any proprietary notice (including any notice of
copyright or trademark) of Company or its affiliates, partners, suppliers or
the licensors of the application; (e) use the application for any revenue
generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended; (f) make the application available over a network or
other environment permitting access or use by multiple devices or users at the
same time; (g) use the application for creating a product, service or software
that is, directly or indirectly, competitive with or in any way a substitute
for the application; (h) use the application to send automated queries to any
website or to send any unsolicited commercial e-mail; or (i) use any
proprietary information or interfaces of Company or other intellectual property
of Company in the design, development, manufacture, licensing or distribution
of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play to access the
Company Services. You acknowledge that this Agreement is concluded between you
and Company only, and not with Apple Inc. or Google, Inc. (each an “App
Distributor”), and Company, not an App Distributor, is solely responsible for
the Company application and the content thereof. (1) SCOPE OF LICENSE: The
license granted to you for the Company application is limited to a
non-transferable license to use the Company application on a device that
utilizes the Apple iOS or Android operating system, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor
terms of service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible
for providing any maintenance and support services with respect to the Company
application, as specified in this Agreement, or as required under applicable
law. You acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the Company
application. (3) WARRANTY: Company is solely responsible for any product
warranties, whether express or implied by law, to the extent not effectively
disclaimed. In the event of any failure of the Company application to conform to
any applicable warranty, you may notify an App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase
price, if any, paid for the Company application, and to the maximum extent
permitted by applicable law, an App Distributor will have no other warranty
obligation whatsoever with respect to the Company application, and any other
claims, losses, liabilities, damages, costs or expenses attributable to any
failure to conform to any warranty will be Company’s sole responsibility. (4)
PRODUCT CLAIMS: You acknowledge that Company, not an App Distributor, is
responsible for addressing any claims of yours or any third party relating to
the Company application or your possession and/or use of the Company application,
including, but not limited to: (i) product liability claims; (ii) any claim
that the Company application fails to conform to any applicable legal or
regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in
the event of any third party claim that the Company application or your
possession and use of the Company application infringes a third party’s
intellectual property rights, the App Distributor will not be responsible for
the investigation, defense, settlement and discharge of any such intellectual
property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant
that (i) 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; and (ii) you are not listed on any U.S. government list of
prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must
comply with applicable third party terms of agreement when using the Company
application, e.g., if you have a VoIP application, then you must not be in
violation of their wireless data service agreement when using the Company
application. (8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree
that the App Distributors, and their subsidiaries, are third party
beneficiaries of this Agreement, and that, upon your acceptance of the terms
and conditions of this Agreement, each App Distributor will have the right (and
will be deemed to have accepted the right) to enforce this Agreement against
you as a third party beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Website, you
may link your account with online accounts you may have with third party service
providers (each such account, a “Third Party Account”) by either: (i) providing
your Third Party Account login information through the Website; or (ii)
allowing Company to access your Third Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third Party
Account. You represent that you are entitled to disclose your Third Party
Account login information to Company and/or grant Company access to your Third
Party Account (including, but not limited to, for use for the purposes
described herein), without breach by you of any of the terms and conditions
that govern your use of the applicable Third Party Account and without
obligating Company to pay any fees or making Company subject to any usage
limitations imposed by such third party service providers. By granting Company
access to any Third Party Accounts, you understand that (i) Company may access,
make available and store (if applicable) any content that you have provided to
and stored in your Third Party Account (the “Social Network Content”) so that
it is available on and through the Website via your account, including without
limitation any friend lists, and (ii) Company may submit and receive additional
information to your Third Party Account to the extent you are notified when you
link your account with the Third Party Account. Depending on the Third Party
Accounts you choose and subject to the privacy settings that you have set in
such Third Party Accounts, personally identifiable information that you post to
your Third Party Accounts may be available on and through your account on the
Website. Please note that if a Third Party Account or associated service
becomes unavailable or Company’s access to such Third Party Account is
terminated by the third party service provider, then Social Network Content may
no longer be available on and through the Website. You will have the ability to
disable the connection between your account on the Website and your Third Party
Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no
effort to review any Social Network Content for any purpose, including but not
limited to, for accuracy, legality or non-infringement, and Company is not
responsible for any Social Network Content. You acknowledge and agree that
Company may access your e-mail address book associated with a Third Party
Account and your contacts list stored on your mobile device or tablet computer
solely for the purposes of identifying and informing you of those contacts who
have also registered to use the Website. At your request made via email to
our email address listed below, or through your account settings (if
applicable), Company will deactivate the connection between the Website and
your Third Party Account and delete any information stored on Company’s servers
that was obtained through such Third Party Account, except the username and
profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Website or the Company Services
("Submissions") provided by you to Company are non-confidential and
Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Website for any other purpose other than
that for which Company makes it available. The Website may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by Company. Prohibited activity includes, but is not
limited to:
A. attempting
to bypass any measures of the Website designed to prevent or restrict access to
the Website, or any portion of the Website
B. attempting
to impersonate another user or person or using the username of another user
C. criminal or
tortious activity
D. deciphering,
decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of the Website
E. deleting
the copyright or other proprietary rights notice from any Website content
F. engaging in
any automated use of the system, such as using any data mining, robots or
similar data gathering and extraction tools
G. except as
may be the result of standard search engine or Internet browser usage, using or
launching, developing or distributing any automated system, including, without
limitation, any spider, robot (or "bot"), cheat utility, scraper or
offline reader that accesses the Website, or using or launching any
unauthorized script or other software
H. harassing,
annoying, intimidating or threatening any Company employees or agents engaged
in providing any portion of the Company Services to you
I. interfering
with, disrupting, or creating an undue burden on the Website or the networks or
services connected to the Website
J. making any
unauthorized use of the Company Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses
K. selling or
otherwise transferring your profile
L. systematic
retrieval of data or other content from the Website to create or compile,
directly or indirectly, a collection, compilation, database or directory
without written permission from Company
M. tricking,
defrauding or misleading Company and other users, especially in any attempt to
learn sensitive account information such as passwords
N. using any
information obtained from the Website in order to harass, abuse, or harm
another person
O. using the
Company Services as part of any effort to compete with Company or to provide
services as a service bureau
P. using the
Website in a manner inconsistent with any and all applicable laws and
regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Company Content”)
and the trademarks, service marks and logos contained therein (“Marks”) are
owned by or licensed to Company, and are subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Company Content, includes, without limitation, all
source code, databases, functionality, software, website designs, audio, video,
text, photographs and graphics. All Company graphics, logos, designs, page
headers, button icons, scripts and service names are registered trademarks,
common law trademarks or trade dress of Company in the United States and/or
other countries. Company's trademarks and trade dress may not be used,
including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and
may not be copied, imitated, or used, in whole or in part, without the prior
written permission of the Company.
Company Content on the Website is provided to
you “AS IS” for your information and personal use only and may not be used,
copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. Provided that you
are eligible to use the Website, you are granted a limited license to access
and use the Website and the Company Content and to download or print a copy of
any portion of the Company Content to which you have properly gained access
solely for your personal, non-commercial use. Company reserves all rights not
expressly granted to you in and to the Website and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through
the Website or the Company Services) links to other websites ("Third Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and other
content or items belonging to or originating from third parties (the
"Third Party Content"). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third Party Websites accessed through the Website or any Third Party Content
posted on, available through or installed from the Website, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Websites or the Third Party
Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Website or any Third Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Website and access the
Third Party Websites or to use or install any Third Party Content, you do so at
your own risk and you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the
Website or relating to any applications you use or install from the Website.
Any purchases you make through Third Party Websites will be through other
websites and from other companies, and Company takes no responsibility
whatsoever in relation to such purchases which are exclusively between you and
the applicable third party.
SITE MANAGEMENT
Company reserves the right but does not have the
obligation to:
A. monitor the
Website for violations of this Agreement;
B. take
appropriate legal action against anyone who, in Company’s sole discretion,
violates this Agreement, including without limitation, reporting such user to
law enforcement authorities;
C. in Company’s
sole discretion and without limitation, refuse, restrict access to or
availability of, or disable (to the extent technologically feasible) any user’s
contribution or any portion thereof that may violate this Agreement or any
Company policy;
D. in Company’s
sole discretion and without limitation, notice or liability to remove from the
Website or otherwise disable all files and content that are excessive in size
or are in any way burdensome to Company’s systems;
E. otherwise
manage the Website in a manner designed to protect the rights and property of
Company and others and to facilitate the proper functioning of the Website.
PRIVACY POLICY
We care about the privacy of our users. Please
review the Company Privacy Policy. By using the Website or Company Services,
you are consenting to have your personal data transferred to and processed in
the United States. By using the Website or the Company Services, you are
consenting to the terms of our Privacy Policy.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
If you believe that content available on or through our Website
infringes one or more of your copyrights, please immediately notify our
Designated Copyright Agent by mail, email or faxed notice (“Notification”)
providing the information described below, which Notification is pursuant to
DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please
be advised that pursuant to federal law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if you are not
sure that content located on or linked to by our Website infringes your
copyright, you should consider first contacting an attorney. Our Website has a
policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following:
A. A physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
B. Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online website are covered by a single
notification, a representative list of such works at that website.
C. Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
material.
D. Information
reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted.
E. A statement
that the complaining party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law.
F. A statement
that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Notifications should be sent to our Designated Copyright Agent as
follows:
Designated Copyright Agent
ContractorOrientation.com,
RailroadEducation.com, AmtrakContractor.com and their holdings Inc. Email: Support@ContractorOrientation.com
We also will advise the alleged infringer of the DMCA statutory Counter
Notification procedure described below by which the alleged infringer may
respond to your claim and request that we restore this material.
Counter Notification
If you believe your own copyrighted material has been
removed from our Website and/or our service as a result of mistake or
misidentification, you may submit a written counter notification (“Counter
Notification”) to our Designated Copyright Agent pursuant to DMCA 17 U.S.C. §
512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your
Counter Notification must include substantially the following:
A. Identification
of the material that has been removed or disabled and the location at which the
material appeared before it was removed or disabled.
B. A statement
that you consent to the jurisdiction of the Federal District Court in which
your address is located, or if your address is outside the United States, for
any judicial district in which our Company is located.
C. A statement
that you will accept service of process from the party that filed the
Notification or the party's agent.
D. Your name,
address and telephone number.
E. A statement
under penalty of perjury that you have a good faith belief that the material in
question was removed or disabled as a result of mistake or misidentification of
the material to be removed or disabled.
F. Your physical
or electronic signature.
You may submit your Counter Notification to our Designated Copyright
Agent by fax, mail, or email as set forth above.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or disabled material
after ten (10) business days but no later than fourteen (14) business days from
the date we receive your Counter Notification, unless our Designated Copyright
Agent first receives notice from the party filing the original Notification
informing us that such party has filed a court action to restrain you from
engaging in infringing activity related to the material in question. Please
note that if you materially misrepresent that the disabled or removed content
was removed by mistake or misidentification, you may be liable for damages,
including costs and attorney's fees. Filing a false Counter Notification
constitutes perjury.
TERM AND TERMINATION
This Agreement shall remain in full force and
effect while you use the Website or are otherwise a user or member of the
Website, as applicable. You may terminate your use or participation at any
time, for any reason, by following the instructions for terminating user
accounts in your account settings, if available, or by contacting us using the
contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS
AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE
COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR
COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION,
AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE
COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU
HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Website
and Company Services, Company reserves the right at any time in its sole
discretion to block certain IP addresses from accessing the Website and Company
Services.
Any provisions of this Agreement that, in order
to fulfill the purposes of such provisions, need to survive the termination or
expiration of this Agreement, shall be deemed to survive for as long as
necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO
CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO
MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT,
EXCLUDING SUNDAYS AND HOLIDAYS.
TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS
HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY
ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS
RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account
for any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, Company reserves the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to
time. Any and all changes to this Agreement will be posted on the Website and
revisions will be indicated by date. You agree to be bound to any changes to
this Agreement when you use the Company Services after any such modification
becomes effective. Company may also, in its discretion, choose to alert all
users with whom it maintains email information of such modifications by means
of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact
information current in your account settings to ensure you are informed of
changes. You agree that you will periodically check
the Website for updates to this Agreement and you will read the messages we
send you to inform you of any changes. Modifications to this Agreement
shall be effective after posting.
To Services
Company reserves the right at any time to modify
or discontinue, temporarily or permanently, the Company Services (or any part
thereof) with or without notice. You agree that Company shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Company Services.
DISPUTES
Between Users
If there is a dispute between users of the
Website, or between users and any third party, you understand and agree that
Company is under no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release Company, its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and/or the Company Services.
With Company
A. Governing Law;
Jurisdiction. This Agreement and
all aspects of the Website and Company Services shall be governed by and
construed in accordance with the internal laws of the State/Commonwealth of
Florida, without regard to conflict of law provisions. With respect to any
disputes or claims not subject to informal dispute resolution or arbitration
(as set forth below), you agree not to commence or prosecute any action in
connection therewith other than in the state and federal courts located in Lee
County, State of Florida, and you hereby consent to, and waive all defenses of
lack of personal jurisdiction and forum non conveniens with respect to, venue
and jurisdiction in such state and federal courts. Application of the
United Nations Convention on Contracts for the International Sale of Goods is
excluded from this Agreement. Additionally, application of the Uniform
Computer Information Transaction Act (UCITA) is excluded from this
Agreement. In no event shall any claim, action or proceeding by you
related in any way to the Website or Company Services be instituted more than
two (2) years after the cause of action arose.
B. Informal Resolution. To expedite
resolution and control the cost of any dispute, controversy or claim related to
this Agreement ("Dispute"), you and Company agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally
for at least thirty (30) days before initiating any arbitration or court
proceeding. Such informal negotiations commence upon written notice from one
person to the other.
C. Binding Arbitration. If you and Company
are unable to resolve a Dispute through informal negotiations, either you or
Company may elect to have the Dispute (except those Disputes expressly excluded
below) finally and exclusively resolved by binding arbitration. Any election to
arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND
THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the
Commercial Arbitration Rules of the American Arbitration Association ("AAA")
and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related
Disputes ("AAA Consumer Rules"), both of which are available at the
AAA website www.adr.org. The determination of whether a Dispute is subject to
arbitration shall be governed by the Federal Arbitration Act and determined by
a court rather than an arbitrator. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and, where
appropriate, limited by the AAA Consumer Rules. If such costs are determined by
the arbitrator to be excessive, Company will pay all arbitration fees and
expenses. The arbitration may be conducted in person, through the submission of
documents, by phone or online. The arbitrator will make a decision in writing,
but need not provide a statement of reasons unless requested by a party. The
arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in Lee County
County, State of Florida. Except as otherwise provided in this Agreement, you
and Company may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate or enter judgment on the
award entered by the arbitrator.
D. Restrictions. You and Company
agree that any arbitration shall be limited to the Dispute between Company and
you individually. To the full extent permitted by law, (1) no arbitration shall
be joined with any other; (2) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action procedures;
and (3) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other
persons.
E. Exceptions to Informal Negotiations and Arbitration. You and Company agree that the following Disputes are not subject
to the above provisions concerning informal negotiations and binding
arbitration: (1) any Disputes seeking to enforce or protect, or concerning the
validity of any of your or Company’s intellectual property rights; (2) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy or unauthorized use; and (3) any claim for injunctive relief. If this
Section is found to be illegal or unenforceable then neither you nor Company
will elect to arbitrate any Dispute falling within that portion of this Section
found to be illegal or unenforceable and such Dispute shall be decided by a
court of competent jurisdiction within the courts listed for jurisdiction
above, and you and Company agree to submit to the personal jurisdiction of that
court.
CORRECTIONS
Occasionally there may be information on the Website
that contains typographical errors, inaccuracies or omissions that may relate
to service descriptions, pricing, availability, and various other information.
Company reserves the right to correct any errors, inaccuracies or omissions and
to change or update the information at any time, without prior notice.
DISCLAIMERS
Company cannot control the nature of all of the
content available on the Website. By operating the Website, Company does not
represent or imply that Company endorses any blogs, contributions or other
content available on or linked to by the Website, including without limitation
content hosted on third party websites or provided by third party applications,
or that Company believes contributions, blogs or other content to be accurate, useful
or non-harmful. We do not control and are not responsible for unlawful or
otherwise objectionable content you may encounter on the Website or in
connection with any contributions. The Company is not responsible for the
conduct, whether online or offline, of any user of the Website or Company
Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND
COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY
SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS
OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE
PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY
You agree to defend, indemnify and hold Company,
its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from and against, any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of your contributed content, use of the
Company Services, and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth above. Notwithstanding
the foregoing, Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify Company, and you agree to cooperate, at your expense, with Company’s
defense of such claims. Company will 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 given to Company shall be given by email to the address listed in the
contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as
each party may specify. Notice shall be deemed to be given twenty-four (24)
hours after the email is sent, unless the sending party is notified that the
email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Website will maintain certain data that you
transfer to the Website for the purpose of the performance of the Company
Services, as well as data relating to your use of the Company Services.
Although we perform regular routine backups of data, you are primarily
responsible for all data that you have transferred or that relates to any
activity you have undertaken using the Company Services. You agree that
Company shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against Company arising from any
such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the
ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL
RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES,
INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In
order to access and retain your electronic records, you may be required to have
certain hardware and software, which are your sole responsibility.
ELECTRONIC SIGNATURES
Users are allowed on AlwaysInMyThoughts.com and
TributePages.com to transmit and receive valid electronic signatures in the
United States under the Electronic Signatures in Global and National Commerce
Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of
1999 as adopted by individual states. Users’ signatures and identities are not
authenticated on AlwaysInMyThoughts.com and TributePages.com.
MISCELLANEOUS
This Agreement constitutes the entire agreement
between you and Company regarding the use of the Company Services. The failure
of Company to exercise or enforce any right or provision of this Agreement
shall not operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or contractual
effect. This Agreement operates to the fullest extent permissible by law. This
Agreement and your account may not be assigned by you without our express
written consent. Company may assign any or all of its rights and obligations to
others at any time. Company shall not be responsible or liable for any loss,
damage, delay or failure to act caused by any cause beyond Company's reasonable
control. If any provision or part of a provision of this Agreement is
unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions. There is
no joint venture, partnership, employment or agency relationship created between
you and Company as a result of this Agreement or use of the Website and Company
Services. Upon Company’s request, you will furnish Company any documentation,
substantiation or releases necessary to verify your compliance with this
Agreement. You agree that this Agreement will not be construed against Company
by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of this Agreement and the lack of signing by
the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Company
Services or to receive further information regarding use of the Company
Services, please contact Company as set forth below or, if any complaint with
us is not satisfactorily resolved, and you are a California resident, you can
contact the Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs in writing at 400 "R" Street,
Sacramento, California 95814 or by telephone at 1-916-445-1254.
ContractorOrientation.com,
RailroadEducation.com, AmtrakContractor.com and their holdings Inc. Email: Support@ContractorOrientation.com
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Rev. CTOR09132017 |
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PRIVACY POLICY ContractorOrientation.com/RailroadEducation.com/ |
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Version Date: September 13, 2017
GENERAL
ContractorOrientation.com,
RailroadEducation.com, AmtrakContractor.com and their holdings Inc. (“Company” or “we” or “us” or “our”) respects
the privacy of its users (“user” or “you”) that use our website located at each
respective domain name or splach page, including
other media forms, media channels, mobile website or mobile application related
or connected thereto (collectively, the “Website(s)”). The following Company
privacy policy (“Privacy Policy”) is designed to inform you, as a user of the
Website, about the types of information that Company may gather about or
collect from you in connection with your use of the Website. It also is
intended to explain the conditions under which Company uses and discloses that
information, and your rights in relation to that information. Changes to this
Privacy Policy are discussed at the end of this document. Each time you use the
Website, however, the current version of this Privacy Policy will apply.
Accordingly, each time you use the Website you should check the date of this
Privacy Policy (which appears at the beginning of this document) and review any
changes since the last time you used the Website.
The Website is hosted in the United States of
America and is subject to U.S. state and federal law. If you are accessing our
Website from other jurisdictions, please be advised that you are transferring
your personal information to us in the United States, and by using our Website,
you consent to that transfer and use of your personal information in accordance
with this Privacy Policy. You also agree to abide by the applicable laws of applicable
states and U.S. federal law concerning your use of the Website and your
agreements with us. Any persons accessing our Website from any jurisdiction
with laws or regulations governing the use of the Internet, including personal
data collection, use and disclosure, different from those of the jurisdictions
mentioned above may only use the Website in a manner lawful in their
jurisdiction. If your use of the Website would be unlawful in your
jurisdiction, please do not use the Website.
BY USING OR ACCESSING THE WEBSITE, YOU ARE
ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.
GATHERING, USE AND DISCLOSURE OF
NON-PERSONALLY-IDENTIFYING INFORMATION
Users of the Website Generally
“Non-Personally-Identifying Information” is
information that, without the aid of additional information, cannot be directly
associated with a specific person. “Personally-Identifying Information,” by
contrast, is information such as a name or email address that, without more,
can be directly associated with a specific person. Like most website operators,
Company gathers from users of the Website Non-Personally-Identifying
Information of the sort that Web browsers, depending on their settings, may
make available. That information includes the user’s Internet Protocol (IP)
address, operating system, browser type and the locations of the websites the
user views right before arriving at, while navigating and immediately after
leaving the Website. Although such information is not Personally-Identifying
Information, it may be possible for Company to determine from an IP address a
user’s Internet service provider and the geographic location of the visitor’s
point of connectivity as well as other statistical usage data. Company analyzes Non-Personally-Identifying
Information gathered from users of the Website to help Company better
understand how the Website is being used. By identifying patterns and trends in
usage, Company is able to better design the Website to improve users’
experiences, both in terms of content and ease of use. From time to time,
Company may also release the Non-Personally-Identifying Information gathered
from Website users in the aggregate, such as by publishing a report on trends
in the usage of the Website.
Web Cookies
A “Web Cookie” is a string of information which
assigns you a unique identification that a website stores on a user’s computer,
and that the user’s browser provides to the website each time the user submits
a query to the website. We use cookies on the Website to keep track of services
you have used, to record registration information regarding your login name and
password, to record your user preferences, to keep you logged into the Website
and to facilitate purchase procedures. Company also uses Web Cookies to track
the pages that users visit during each Website session, both to help Company
improve users’ experiences and to help Company understand how the Website is
being used. As with other Non-Personally-Identifying Information gathered from
users of the Website, Company analyzes and discloses in aggregated form
information gathered using Web Cookies, so as to help Company, its partners and
others better understand how the Website is being used. COMPANY USERS WHO DO
NOT WISH TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR
BROWSERS TO REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE
UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY
WITHOUT THE AID OF WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL
RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.
Web Beacons
A “Web Beacon” is an object that is embedded in
a web page or email that is usually invisible to the user and allows website
operators to check whether a user has viewed a particular web page or an email.
Company may use Web Beacons on the Website and in emails to count users who
have visited particular pages, viewed emails and to deliver co-branded
services. Web Beacons are not used to access users’ Personally-Identifying
Information. They are a technique Company may use to compile aggregated
statistics about Website usage. Web Beacons collect only a limited set of
information, including a Web Cookie number, time and date of a page or email
view and a description of the page or email on which the Web Beacon resides.
You may not decline Web Beacons. However, they can be rendered ineffective by
declining all Web Cookies or modifying your browser setting to notify you each
time a Web Cookie is tendered, permitting you to accept or decline Web Cookies
on an individual basis.
Analytics
We may use third-party vendors, including
Google, who use first-party cookies (such as the Google Analytics cookie) and
third-party cookies (such as the DoubleClick cookie) together to inform,
optimize and serve ads based on your past activity on the Website, including
Google Analytics for Display Advertising. The information collected may be used
to, among other things, analyze and track data, determine the popularity of
certain content and better understand online activity. If you do not want any
information to be collected and used by Google Analytics, you can install an
opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/) and/or
opt out from Google Analytics for Display Advertising or the Google Display Network
by using Google’s Ads Settings (www.google.com/settings/ads).
Aggregated and Non-Personally-Identifying
Information
We may share aggregated and Non-Personally
Identifying Information we collect under any of the above circumstances. We may
also share it with third parties and our affiliate companies to develop and
deliver targeted advertising on the Website and on websites of third parties.
We may combine Non-Personally Identifying Information we collect with
additional Non-Personally Identifying Information collected from other sources.
We also may share aggregated information with third parties, including
advisors, advertisers and investors, for the purpose of conducting general
business analysis. For example, we may tell our advertisers the number of
visitors to the Website and the most popular features or services accessed.
This information does not contain any Personally-Identifying Information and
may be used to develop website content and services that we hope you and other
users will find of interest and to target content and advertising.
Mobile Device Additional Terms
•
Mobile Device. If you use a
mobile device to access the Website or download any of our applications, we may
collect device information (such as your mobile device ID, model and
manufacturer), operating system, version information and IP address.
•
Geo-Location Information. Unless
we have received your prior consent, we do not access or track any
location-based information from your mobile device at any time while
downloading or using our mobile application or our services, except that it may
be possible for Company to determine from an IP address the geographic location
of your point of connectivity, in which case we may gather and use such general
location data.
•
Push Notifications. We
send you push notifications if you choose to receive them, letting you know
when someone has sent you a message or for other service-related matters. If
you wish to opt-out from receiving these types of communications, you may turn
them off in your device’s settings.
•
Mobile Analytics. We
use mobile analytics software to allow us to better understand the
functionality of our mobile software on your phone. This software may record information,
such as how often you use the application, the events that occur within the
application, aggregated usage, performance data and where the application was
downloaded from. We do not link the information we store within the analytics
software to any Personally-Identifying Information you submit within the mobile
application.
SOCIAL MEDIA
We may provide you the option to connect your account
on the Website to your account on some social networking sites for the purpose
of logging in, uploading information or enabling certain features on the
Website. When logging in using your social network credentials, we may collect
the Personally-Identifying Information you have made publicly available on the
social networking site, such as your name, profile picture, cover photo,
username, gender, friends network, age range, locale, friend list and any other
information you have made public. Once connected, other users may also be able
to see information about your social network, such as the size of your network
and your friends, including common friends. By connecting your account on the
Website to your account on any social networking site, you hereby consent to
the continuous release of information about you to us. We will not send any of
your account information to the connected social networking site without first
disclosing that to you. Each social network may further allow you to set
privacy controls around your information on their system, and our collection of
information will always follow such controls and permissions. This feature is
subject to continuous change and improvement by us and each social networking
site involved, and therefore the available features and shared information are
subject to change without notice to you.
We may use hyperlinks on the Website which will
redirect you to a social network if you click on the respective link. However,
when you click on a social plug-in, such as Facebook’s “Like” button, Twitter’s
“tweet” button or the Google+, that particular social network’s plugin will be
activated and your browser will directly connect to that provider’s servers. If
you do not use these buttons, none of your data will be sent to the respective
social network’s plugin provider. So for example, when you click on the
Facebook’s “Like” button on the Website, Facebook will receive your IP address,
the browser version and screen resolution, and the operating system of the
device you have used to access the Website. Settings regarding privacy
protection can be found on the websites of these social networks and are not
within our control.
COLLECTION, USE AND DISCLOSURE OF
PERSONALLY-IDENTIFYING INFORMATION
Website Registration
As defined above, Personally-Identifying
Information is information that can be directly associated with a specific
person. Company may collect a range of Personally-Identifying Information from
and about Website users. Much of the Personally-Identifying Information
collected by Company about users is information provided by users themselves
when (1) registering for our service, (2) logging in with social network
credentials, (3) participating in polls, contests, surveys or other features of
our service, or responding to offers or advertisements, (4) communicating with
us, (5) creating a public profile or (6) signing up to receive newsletters.
That information may include each user’s name, address, email address and
telephone number, and, if you transact business with us, financial information
such as your payment method (valid credit card number, type, expiration date or
other financial information). We also may request information about your
interests and activities, your gender, age, date of birth, username, hometown
and other demographic or relevant information as determined by Company from
time to time. Users of the Website are under no obligation to provide Company
with Personally-Identifying Information of any kind, with the caveat that a
user’s refusal to do so may prevent the user from using certain Website
features.
BY REGISTERING WITH OR USING THE WEBSITE, YOU
CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS
DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING
INFORMATION” SECTION.
Online Postings
Certain Personally-Identifying Information collected from users may be
disclosed as a matter of course as a result of your use of the Website. We may
provide areas on the Website where you can post reviews and other information
relating to your activities on the Website. Such postings are governed by our Terms
of Use. In addition, such postings may appear on other websites or when
searches are executed on the subject of your posting. Also, whenever you
voluntarily disclose personal information on publicly-viewable web pages, that
information will be publicly available and can be collected and used by others.
For example, if you post your email address, you may receive unsolicited
messages. We cannot control who reads your posting or what other users may do
with the information you voluntarily post, so we encourage you to exercise
discretion and caution with respect to your personal information. USERS ASSUME
ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR
VOLUNTARY DISCLOSURE OF PERSONALLY IDENTIFYING INFORMATION.
Company Communications
We may occasionally use your name and email
address to send you notifications regarding new services offered by the Website
that we think you may find valuable. We may also send you service-related
announcements from time to time through the general operation of the service.
Generally, you may opt out of such emails at the time of registration or
through your account settings, though we reserve the right to send you notices
about your account, such as service announcements and administrative messages,
even if you opt out of all voluntary email notifications.
Company Disclosures
Company will disclose Personally-Identifying
Information under the following circumstances:
•
By Law or to Protect Rights. When we believe disclosure is appropriate, we
may disclose Personally-Identifying Information in connection with efforts to
investigate, prevent or take other action regarding illegal activity, suspected
fraud or other wrongdoing; to protect and defend the rights, property or safety
of Company, our users, our employees or others; to comply with applicable law
or cooperate with law enforcement; to enforce our Terms of Use or other
agreements or policies, in response to a subpoena or similar investigative
demand, a court order or a request for cooperation from a law enforcement or
other government agency; to establish or exercise our legal rights; to defend
against legal claims; or as otherwise required by law. In such cases, we may
raise or waive any legal objection or right available to us.
• Marketing Communications. Unless users opt-out from receiving
Company marketing materials upon registration, Company may email users about
products and services that Company believes may be of interest to them. If you
wish to opt-out of receiving marketing materials from Company, you may do so by
following the unsubscribe link in the email communications, by going to your
account settings (if applicable) or contacting us using the contact information
below.
•
Third-Party Service Providers. We may share your Personally-Identifying
Information, which may include your name and contact information (including
email address) with our authorized service providers that perform certain
services on our behalf. These services may include fulfilling orders, providing
customer service and marketing assistance, performing business and sales
analysis, supporting the Website’s functionality and supporting contests,
sweepstakes, surveys and other features offered through the Website. We may
also share your name, contact information and credit card information with our
authorized service providers who process credit card payments. These service
providers may have access to personal information needed to perform their
functions but are not permitted to share or use such information for any other
purpose.
•
Business Transfers; Bankruptcy. Company reserves the right to transfer all
Personally-Identifying Information in its possession to a successor
organization in the event of a merger, acquisition, bankruptcy or other sale of
all or a portion of Company’s assets. Other than to the extent ordered by a
bankruptcy or other court, the use and disclosure of all transferred
Personally-Identifying Information will be subject to this Privacy Policy, or
to a new privacy policy if you are given notice of that new privacy policy and
are given an opportunity to affirmatively opt-out of it. Personally-Identifying
Information submitted or collected after a transfer, however, may be subject to
a new privacy policy adopted by the successor organization.
Changing Personally-Identifying Information;
Account Termination
You may at any time review or change your
Personally-Identifying Information by going to your account settings (if
applicable) or contacting us using the contact information below. Upon
your request, we will deactivate or delete your account and contact information
from our active databases. Such information will be deactivated or deleted as
soon as practicable based on your account activity and accordance with our deactivation
policy and applicable law. To make this request, either go to your account
settings (if applicable) or contact us as provided below. We will retain in our
files some Personally-Identifying Information to prevent fraud, to troubleshoot
problems, to assist with any investigations, to enforce our Terms of Use and to
comply with legal requirements as is permitted by law. Therefore, you should
not expect that all your Personally-Identifying Information will be completely
removed from our databases in response to your requests. Additionally, we keep a history of changed information to
investigate suspected fraud with your account.
General Use
Company uses the Personally-Identifying
Information in the file we maintain about you, and other information we obtain
from your current and past activities on the Website (1) to deliver the
products and services that you have requested; (2) to manage your account and
provide you with customer support; (3) to communicate with you by email, postal
mail, telephone and/or mobile devices about products or services that may be of
interest to you either from us, our affiliate companies or other third parties;
(4) to develop and display content and advertising tailored to your interests
on the Website and other sites; (5) to resolve disputes and troubleshoot
problems; (6) to measure consumer interest in our services; (7) to inform you
of updates; (8) to customize your experience; (9) to detect and protect us
against error, fraud and other criminal activity; (10) to enforce our Terms of
Use; and (11) to do as otherwise described to you at the time of collection. At
times, we may look across multiple users to identify problems. In particular,
we may examine your Personally-Identifying Information to identify users using
multiple user IDs or aliases. We may compare and review your
Personally-Identifying Information for accuracy and to detect errors and
omissions. We may use financial information or payment method to process
payment for any purchases made on the Website, enroll you in the discount,
rebate, and other programs in which you elect to participate, to protect
against or identify possible fraudulent transactions and otherwise as needed to
manage our business.
COLLECTION AND USE OF INFORMATION BY THIRD
PARTIES GENERALLY
Company contractually prohibits its contractors,
affiliates, vendors and suppliers from disclosing Personally-Identifying
Information received from Company, other than in accordance with this Privacy
Policy. However, third parties are under no obligation to comply with this
Privacy Policy with respect to Personally-Identifying Information that users
provide directly to those third parties, or that those third parties collect
for themselves. These third parties include advertisers, providers of games, utilities,
widgets and a variety of other third-party applications accessible through the
Website. Company neither owns nor controls the third-party websites and
applications accessible through the Website. Thus, this Privacy Policy does not
apply to information provided to or gathered by the third parties that operate
them. Before visiting a third party, or using a third-party application,
whether by means of a link on the Website, directly through the Website or
otherwise, and before providing any Personally-Identifying Information to any
such third party, users should inform themselves of the privacy policies and
practices (if any) of the third party responsible for that website or
application, and should take those steps necessary to, in those users’ discretion,
protect their privacy.
SECURITY
We take the security of your
Personally-Identifying Information seriously and use reasonable electronic,
personnel and physical measures to protect it from loss, theft, alteration or
misuse. However, please be advised that even the best security measures
cannot fully eliminate all risks. We cannot guarantee that only authorized
persons will view your information. We are not responsible for third-party
circumvention of any privacy settings or security measures.
We are dedicated to protect all information on
the Website as is necessary. However, you are responsible for maintaining the
confidentiality of your Personally-Identifying Information by keeping your
password confidential. You should change your password immediately if you
believe someone has gained unauthorized access to it or your account. If you
lose control of your account, you should notify us immediately.
PRIVACY POLICY CHANGES
Company may, in its sole discretion, change this
Privacy Policy from time to time. Any and all changes to Company’s Privacy
Policy will be reflected on this page and the date new versions are posted will
be stated at the top of this Privacy Policy. Unless stated otherwise, our
current Privacy Policy applies to all information that we have about you and
your account. Users should regularly check this page for any changes to this
Privacy Policy. Company will always post new versions of the Privacy Policy on
the Website. However, Company may, as determined in its discretion, decide to
notify users of changes made to this Privacy Policy via email or otherwise.
Accordingly, it is important that users always maintain and update their
contact information.
The Children's Online Privacy Protection Act
("COPPA") protects the online privacy of children under 13 years of
age. We do not knowingly collect or maintain Personally-Identifying Information
from anyone under the age of 13, unless or except as permitted by law. Any
person who provides Personally-Identifying Information through the Website
represents to us that he or she is 13 years of age or older. If we learn that
Personally-Identifying Information has been collected from a user under 13
years of age on or through the Website, then we will take the appropriate steps
to cause this information to be deleted. If you are the parent or legal
guardian of a child under 13 who has become a member of the Website or has
otherwise transferred Personally-Identifying Information to the Website, please
contact Company using our contact information below to have that child's
account terminated and information deleted.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also
known as the "Shine The Light" law, permits our users who are
California residents to request and obtain from us, once a year and free of
charge, information about the Personally-Identifying Information (if any) we
disclosed to third parties for direct marketing purposes in the preceding
calendar year. If applicable, this information would include a list of the
categories of the Personally-Identifying Information that was shared and the
names and addresses of all third parties with which we shared
Personally-Identifying Information in the immediately preceding calendar year.
If you are a California resident and would like to make such a request, please
submit your request in writing to our privacy officer as listed below.
DO-NOT-TRACK POLICY
Most web browsers and some mobile operating
systems include a Do-Not-Track (“DNT”) feature or setting you can activate to
signal your privacy preference not to have data about your online browsing
activities monitored and collected. Because there is not yet a common
understanding of how to interpret the DNT signal, the Website currently does
not respond to DNT browser signals or mechanisms.
CONTACT
If you have any questions regarding our Privacy
Policy, please contact our Privacy Officer at:
ContractorOrientation.com,
RailroadEducation.com, AmtrakContractor.com or Holdings
Attn: Privacy Officer
Email:
support@ContractorOrientation.com