Meyer Industries LLC Privacy Policy
Last Updated: February 12, 2023
Meyer Industries LLC ("we," "us," or "our") respects your privacy and knows that you care about protecting your personal information. This privacy policy identifies what information we collect from you when you use www.meyerindustriesllc.com (the "Site," including all subdomains) and the services made available on it (the "Services") and explains how we may use or share that information. We will only use and share your information as described in this privacy policy.
This Site primarily operates as a(n) for-profit business website. This privacy policy applies to information we collect from you on the Site; through the Services; in email, text, and other electronic correspondence; and through any mobile or desktop application through which we may communicate. This privacy policy does not apply to information we collect offline or that any third party collects from you after you follow links on the Site, including any advertising and affiliate links.
PLEASE READ THIS PRIVACY POLICY AND OUR TERMS OF USE CAREFULLY. THE TERMS STATED IN THIS PRIVACY POLICY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND MEYER INDUSTRIES LLC. BY USING THIS SITE AND THE RELATED SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS STATED IN THIS PRIVACY POLICY AND OUR TERMS OF USE, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS. WE RESERVE THE RIGHT TO PERIODICALLY MAKE UPDATES TO THIS PRIVACY POLICY AS OUR PRACTICES CHANGE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES, SO PLEASE CHECK BACK PERIODICALLY FOR UPDATES.
1. Information We Collect
We may collect and use the following types of information from those who use the Site and the Services:
Information by which you may be personally identified, such as your name, address, email address, phone number, and other information that may not be publicly available ("personal information").
Information about you that does not identify you personally, including, but not limited to, your demographic information (for example, your age, gender, race, religion, political affiliation, and household income), personal interests, online interactions, viewing data, requests for Services, communications with us and third parties, advertisement interactions, and any other activities when using the Site or the Services.
email address
We may combine information you provide us with other information about you that we obtain from your past use of the Site and Services, from our business partners, and from other companies. We may access other information about you collected from third parties, such as social media and marketing companies. We will treat any non-personal information that is combined with personal information as if it were all personal information
a. Automatic Data Collection
We collect the following types of information from you as you use the Site through automatic data collection technologies:
Log file information commonly collected by host servers when you visit websites, including internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamps, referring/exit pages, domain names, landing pages, pages viewed, click counts, and similar information. This information is not connected to personal information and is used for purposes of administering the Site, analyzing trends, tracking visitor activity, and collecting demographic data.
Other details regarding your activities on the Site and Services, including your equipment, operating system, software, traffic information, and location data.
Our automatic data collection includes the use of the following technologies:
• Cookies. A "cookie" is a small piece of data that is stored on a visitor's hard drive in order to store information about visitor preferences and activities on the Site. We use this information to optimize the experiences of our visitors. For instance, a cookie can help us identify you when you return to the Site in order to save you time. In the event that our business partners, affiliates, or advertisers on the Site use cookies, we will not have access or control over such cookies. However, any use of cookies will not relate to any personally identifiable information about you. You may also choose to refuse to accept cookies by configuring the appropriate setting on your browser. However, doing so may prevent you from being able to
access parts of the Site or Services and may prevent the Site from functioning properly.
• Google Analytics. We may use Google Analytics or similar services to collect non-personal information from you regarding your use of the Site. Google Analytics is a web analytics service offered by Google, Inc. that mainly uses cookies to report on your interactions on the Site and analyzes how you use the Site. For more information on Google Analytics, including how to set up privacy controls on how Google Analytics collects your information, please see the help article, Safeguarding your data.
b. How We Respond to Do Not Track Signals
We do not track visitors' activities over time or across third-party websites and therefore do not respond to Do Not Track (DNT) signals. However, many third-party websites track your browsing activities in order to tailor advertisements and other content to your interests. If you do not wish to be tracked in this manner, then you should configure your browser settings appropriately.
2. How We Use Your Information
We are the sole owners of information collected from visitors on this Site. We will not sell or rent your information to third parties. We use information collected from you or about you, including personal information, for the following purposes:
To administer the Site and enforce our rules and policies.
To provide access to Site content and Services to you.
To customize Site content and Services according to your preferences.
To improve the Site and Services.
To research and analyze the usage data, preferences, and trends of our visitors.
To diagnose technical or Service-related problems.
To maintain security over your information, the Site, and its contents.
To research and analyze our target demographics.
To fulfill any requests for information, products, or Services.
To contact you regarding Services we provide you.
To carry out our responsibilities and enforce any contracts between you and us.
For any other use as we may indicate at the time you provide the information.
To fulfill any other purpose with your consent.
All information collected from visitors of the Site belongs to us, whether or not such information is personal information, information you volunteer, or information passively collected about you. As such, such information may be subject to transfer to a new owner in the event of our bankruptcy, sale, or liquidation.
3. How We Share Your Information
We may share personal information and other information that we collect as follows:
With our affiliates, including any subsidiaries we now own or later acquire.
With our trusted employees, contractors, business partners, service providers, suppliers, vendors, and other third parties that support us, which may include sending you emails on our behalf; analyzing your activities and interactions on the Site in order to make improvements to the Site, Services, and experiences of our visitors; and providing support to the Site, the Services, our operations, or fulfilling your requests. These third parties may only use personal information in order to provide such support and are contractually required to maintain the confidentiality of your information. For example, we may share personal information with credit card processing companies in order to bill visitors for goods or services.
With a buyer, successor, or other third party due to a merger, restructuring, reorganization, or other transfer or disposition of Meyer Industries LLC or our operations, including, but not limited to, in the event of a sale, bankruptcy, dissolution, or similar proceeding. In such event, we will provide you with prior notification if your information will become subject to a different privacy policy.
In response to court orders, subpoenas, or legal processes, such as requests from government regulatory or law enforcement agencies; to defend, pursue, or participate in legal actions or proceedings or exercise a legal right; to take precautions against actual or potential liabilities; to investigate or respond to potential or suspected illegal activities, fraud, or threats to the Site, its visitors, or the property or physical safety of any person; to enforce or investigate violations of our rules or terms of use; or as otherwise permitted or required by law.
With those that we so indicate at the time you provide the information.
To third parties when we have your consent or when we have parental consent if the visitor is a minor.
We may store personal information in locations outside of our direct control; for instance, on servers or databases where the hosting provider is located. Additionally, we may share or sell aggregate information about our visitors that does not personally identify individuals with our partners, affiliates, advertisers, and other third parties without restriction. This information may include personal information that we have changed so that individuals are no longer personally identifiable. We may also share this information with third parties in order to analyze visitor data, activities, and usage of the Site or Services in order to make improvements to the Site, Services, and experiences of our visitors.
If you choose to participate in any promotions or similar events through the Site or Services, the rules or terms and conditions for such events may change the way we share your information with third parties. Please review the applicable rules or terms and conditions for all such events in which you participate.
4. Links to Other Websites
This Site may contain links to or from other websites. This privacy policy only applies to information collected on this Site, and we are not responsible for other website's privacy practices. Please be aware of when you exit our Site using such links. We encourage you to review the privacy practices of all other websites you reach through links on our Site.
5. Opt-Out Procedures
As your privacy is important to us, we provide you with the following procedure(s) for opting out of future communications from us:
Email. Send an email to jordanmeyer@meyerindustriesllc.com explaining the specific communications or privacy practices you want to opt out of. You may also opt out by clicking "unsubscribe," or a similar button, at the bottom of any emails we may send you and then following the online instructions. However, please note that it may not be possible to opt out of certain emails (for example, confirmation emails related to services you have requested).
Phone. Call 303-887-6663 to receive help from our customer support team to opt out.
Online. You may visit www.meyerindustriesllc.com in order to configure your opt-out
settings.
Cookies. In order to opt out of cookies and other tracking technologies, you can configure or disable cookies in your browser settings. However, please note that doing so may cause parts of the Site to function improperly.
6. How to Access and Change Your Information
You are responsible for keeping any personal information you provide on the Site current. Please email us at jordanmeyer@meyerindustriesllc.com to request access to view, correct, or delete information you have provided to us. We will make reasonable efforts to comply with your requests, if possible. If you provided personal information in connection with a specific Service we provide, you may have to update or delete that information by returning to that Service page. Any requests to delete your information are subject to our internal reporting and retention policies as well as any legal obligations that we may have.
7. Notice of California Privacy Rights
Pursuant to California Civil Code Section 1798.83, California residents who use our Site may request certain information regarding any disclosure of personal information to third parties for their direct marketing purposes. To make this request, please email us at jordanmeyer@meyerindustriesllc.com or use the contact information provided below at the end of this policy. Should you choose to email us, please include in the subject line or body of your email the phrase "California Customer Choice Privacy Notice" and specify the personal information you do not wish to be shared with third parties for their direct marketing purposes. Please allow up to thirty (30) days for a response.
8. Security
We take the security of your information seriously and have electronic, physical, and administrative safeguards in place that comply with federal regulations for your protection. These security measures seek to protect your information both online and offline from disclosure, alteration, or unauthorized use. However, please keep in mind that no transmission of data over the internet is guaranteed to be completely secure. Third parties may be able to access private communications illegally; for instance, through the use of hacking and viruses. As such, all information you transmit on the Site or Services is at your own risk. We are not responsible for instances where third parties circumvent our security measures without authorization, illegally or otherwise.
The information you submit to us is encrypted and is transmitted securely. You may verify this by locating "https" at the beginning of the address of the webpage or an icon of a closed lock in your browser. The computers and servers we use are also kept in a secure environment behind firewalls. We limit access to your information to those people that need to view it to perform necessary support tasks, including fulfilling your requests. We will promptly notify you in the event that personal information becomes compromised according to our notification procedures outlined below or as otherwise required by applicable law.
9. Children's Privacy
This Site does not knowingly collect personal information from children under 13 years of age. If you are under 13 years of age, do not use this Site or provide any personal information to us. We will delete all information that we discover is provided by children under 13 years of age without verification of parental consent. Please email us at jordanmeyer@meyerindustriesllc.com if you believe we have received personal information from a child aged under 13 and we will use our best efforts to remove such information.
10. Changes to This Privacy Policy
We may update this privacy policy at any time. We will post any changes in our privacy practices on this page with the date of the most recent revision indicated next to "Last updated" near the top of the page. If we make significant changes to the way we manage our visitors' personal information, we will notify you by email or by posting prominent notice on our Site. It is your responsibility to ensure we have your current email address and to periodically check this page for any updates.
11. Notification Procedures
We reserve the right to determine the most appropriate means of providing you with any notice required or advisable, in our sole discretion, under the terms of this privacy policy or as required by law. We may choose to provide notification by email, physical written notice, posting prominently on the Site, or through other conspicuous means.
12. Cross-Border Data Transfers
Your personal information may be processed and transferred to countries other than your own, including, but not limited to, any country in which we operate. Some of these countries may have different laws and practices regarding data protection than your country. By using the Site, you agree to such cross-border transfers of your personal information.
13. Contact Information
Your feedback is important to us. To send us your questions, suggestions, or complaints, please contact us as follows:
Meyer Industries LLC
1527 Boulder Creek Ln
Layton, Utah 84041
Telephone: 303-887-6663
Email: jordanmeyer@meyerindustriesllc.com
Instructions for Your Website Privacy Policy
Every website needs to post a website privacy policy so that visitors understand how the site collects and uses their information. The following information explains the main sections and key considerations of a website privacy policy.
Note that this privacy policy may not be appropriate or may need to be supplemented for websites operating within regulated industries (e.g. financial products and services or the healthcare industry).
Introduction
The "last updated" date is normally located at the top of the privacy policy. The best practice is to update this date whenever you modify the policy. Any changes you make will only apply to information collected after the revision date.
The introductory language clarifies that the policy only applies to information collected during online activities on the website and electronic correspondence, not information collected offline. By using the site, visitors agree to the terms of the privacy policy.
Information We Collect
This section lists the types of information you collect, including whether or not you collect "personal information." Personal information is any personally identifiable information that can be linked to specific individuals, such as names, addresses, dates or places of birth, and social security numbers.
Possible categories include
Billing and credit card information
Demographic information
Forum or discussion board activities
Product reviews
Search queries
Site feedback or suggestions
Social security numbers
Surveys or polls
Sweepstakes or contest information
You may also add your own miscellaneous categories. You should be thorough in including all categories of information collected. Note that this document already permits you to collect certain standard categories of information, such as names, addresses, email addresses, phone numbers, personal interests, server logs, advertising interactions, online interactions, and activities on the website. It may be beneficial to preview this language in the document before adding your own categories.
This section also notifies visitors if you allow and collect account or profile information, transaction information, and user contributions, such as public posts to forums or discussion boards.
Automatic Data Collection
Any automatic data collection technologies employed by your site are detailed here. These may include cookies, web beacons, flash cookies, DoubleClick DART cookies, and Google Analytics.
How We Respond to Do Not Track Signals
Here, you explain whether you track visitors' activities over time or across third-party websites and if you respond to Do Not Track (DNT) signals. DNT signals are sent by browsers to notify websites when visitors do not wish to be tracked. This section also explains whether you allow third parties (anyone else) to track visitors.
How We Use Your Information
This section lists the various ways in which you use the visitor information you collect. For instance, it notifies visitors if you sell or rent their information to others. Common uses of visitor information include to administer the site, to enforce site rules, to provide access to the site and its services, to research and analyze visitor usage data and target demographics, to maintain security, and to fulfill visitor requests. You may also use visitor information in other ways so long as you indicate the uses at the time the user submits the information or if you first receive authorization.
This section also explains that all information collected from visitors of the site belongs to you, whether or not such information is personal information, information visitors volunteer, or information passively collected (for instance, through automatic collection technologies).
How We Share Your Information
Here, you clarify the other parties that you may share visitor information with. These parties include any affiliates or subsidiaries; employees, contractors, business partners, and other third parties that provide support to the site; any new owner that receives your site's assets through a sale, liquidation, merger, or similar proceeding; and courts and government law enforcement agencies. You may also add others to this list or notify visitors of other parties that will receive specific information at the time visitors provide it.
You can optionally include third-party advertisers and ad servers or allow your site broad license to share with any third party it desires. However, to ensure that your policy stands up in court, you should tailor your privacy policy to your actual or reasonably expected privacy practices. Therefore, you should refrain from adding any parties that you will not actually share information with, limiting your list as much as possible.
Links to Other Websites
The privacy policy only applies to your website. Visitors should be aware of this when they exit your site and review the privacy policies of all sites they reach through links on your site.
Third-Party Tracking on Our Site
This section is present if you indicated that your site allows third parties to place advertisements or other content on your site that uses tracking technologies to collect information from visitors. It then goes into more detail regarding targeted ads and whether or not they collect personal information.
Opt-Out Procedures
Visitors are told how to opt out of receiving certain communications from your site. If your site uses them, visitors may also opt out of sharing with third-party advertisers and targeted ads. Lastly, they are directed to review the relevant third-party privacy policies for any tracking technologies used on your site.
How to Access and Change Your Information
It is important that visitors are able to review, correct, and delete any personal information you collect on the site. This section provides the email address for doing so and if your site provides accounts, explains how to update account information.
Notice of California Privacy Rights
This section is important to comply with the California "Shine the Light" law (California Civil Code Section 1798.83). California residents who use the site may request certain information regarding any disclosure of personal information to third parties for their direct marketing purposes by emailing you at the address indicated.
Security
Here, visitors are notified of your site's data security technologies and the measures you take to safeguard against unauthorized use or disclosure. For example, it explains whether you encrypt data using Secure Sockets Layer (SSL) data encryption or other technologies. Since no data transmissions can be guaranteed against loss or theft, it is important that this provision does not overstate your ability to protect data (for instance, against hacking or viruses).
Children's Privacy
Visitors must be notified about whether you collect personal information from children under 13 years of age. If so, you must state your reason for collecting such information, explain your uses of it, and notify parents or legal guardians of their related rights to review, update, and delete such information.
Changes to This Privacy Policy
You may post changes to the privacy policy at any time. However, note that any changes you make will only apply to information collected after a revision is posted. If you make any significant changes to how you collect, use, or share visitor information, then instead of just posting your changes on the privacy policy page, it is recommended that you email account holders directly and post notice in a prominent location on the site. This will make sure that your updates are legally valid should they ever be questioned in court.
Notification Procedures
You may make any notifications necessary regarding the privacy policy in whatever manner you deem appropriate (in accordance with applicable laws).
Cross-Border Data Transfers
Here, visitors agree that you may transfer visitor information to countries other than their own.
Contact Information
Lastly, visitors are told how to contact you should they have any questions, suggestions, or complaints. It is recommended that you include an address, phone number, and email address.
Jordan Meyer Terms of Use
Last Updated: February 18, 2023
1. Acceptance of These Terms
Welcome! This website, www.meyerindustriesllc.com (the "Site," including all subdomains), is a copyrighted work belonging to Jordan Meyer ("we," "us," and "our"). These terms of service (the "Terms ") govern your access to and use of the services available on this Site (the "Services"). Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user ("you" and "your," including any entity you represent) and are incorporated herein by reference.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND JORDAN MEYER. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.
THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
You must be at least 18 [eighteen] years of age to use this Site. By using this Site you represent that you are at least 18 [eighteen] years of age.
2. License to Use Website
This Site primarily operates as a(n) for-profit business website. Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services provided by the Site.
3. Advertisements
The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change.
4. Cookies
This website uses cookies. Cookies store information related to visitors' preferences, browser type, and other information in order to optimize their experiences. By using this Site you acknowledge your understanding of and consent to Jordan Meyer's use of cookies. You may delete cookies already on your computer by consulting the instructions for your file management software. You may also disable future cookies in your browser settings. Please note, however, that disabling cookies may prevent or impair your ability to access and fully make use of certain Services and areas of the Site.
You also acknowledge that websites such as Google and other third-party vendors to our Site may use DART cookies to provide add-ons to our Site based upon visitors visiting our Site and other websites. Visitors may decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL: http://www.google.com/privacy_ads.html.
5. Acceptable Use Policy
By using this Site you agree to use the Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in Utah, United States. This Site is meant for use by persons within the United States. It may be illegal for certain persons to use the Site in some countries. We make no claim that the Site will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and Services as permitted on the Site and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.
The following uses of the Site are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:
a. Using the Site in a manner that causes, or may cause, damage to the Site or in a way that impairs visitors' abilities to access or use the Site and Services, including using the Site in a manner or for a purpose that is unlawful or fraudulent;
b. Using the Site in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
c. Conducting any systematic or automated data collection on or related to the Site or its users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, "framing," or article "spinning";
d. Using the Site to collect, harvest, or compile information or data regarding other users of the Site without their consent;
e. Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or to mine data from the Site, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
f. Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Site to send spam, pyramid schemes, or chain letters;
g. Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Site or otherwise commercially exploiting content, whether in whole or in part, on the Site;
h. Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Site;
i. Accessing the Site in order to create a similar or competitive business, product, service, or website;
j. Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Site in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;
k. Interfering with, disrupting, or overburdening servers or networks connected to the Site;
l. Gaining or attempting to gain unauthorized access by any means to any part of the Site or to computers or networks connected to the Site; and
m. Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user's normal use and enjoyment of the Site.
6. International Use and Compliance
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
7. Minors
We do not knowingly collect personal information or data from visitors under 13 years of age. You may not use this site if you are under the age of 13 [thirteen].
8. User Content
"User Content" means any material that you or other visitors submit or transmit in any manner to the Site for any purpose, whether publicly posted or privately transmitted, and includes, but is not limited to, any text, images, audio material, video material, and audio-visual material. This Site and the Services it provides may include multiple ways of submitting User Content, including, for example, through use of forums, chats, online bulletin boards, and similar tools that allow visitors to communicate with others or submit content. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be made available for other visitors to view on the Site or through third-party services. You hereby represent and warrant that the User Content you submit does not violate our Acceptable Use Policy stated herein.
You are prohibited from submitting any User Content that is illegal, unlawful, or infringes on the legal rights of any third party. Furthermore, you may not submit User Content that has ever been the subject of any actual or threatened legal proceedings or any User Content that may give rise
to a legal action under any applicable law, whether against you, us, or a third party.
You agree that you are solely responsible for any consequences that may result from submitting User Content, including use of the User Content by other visitors of the Site and by our third- party partners. Unless we indicate that particular User Content you submit will be kept confidential, your User Content may be distributed, published, broadcast, or syndicated by us or our third-party partners. You may be subject to liability if you submit User Content without the authority to do so.
We do not monitor the submission or publication of User Content on the Site and are not responsible for the User Content. We do not endorse or support any User Content or the opinions contained therein and do not guarantee the truthfulness, accuracy, suitability, or reliability of any User Content or other communications submitted or published on the Site. You agree that we are not responsible for any loss or damage you may incur as a result of interacting with others on the Site, and we are under no obligation to become involved in any such disputes. You may not represent that we have provided, endorsed, or supported the User Content you submit. Your use or reliance on any User Content is at your own risk. You assume all risks associated with the User Content you submit, including any reliance on the User Content and the risk of disclosure of the User Content that may identify you personally to a third party. You understand and accept that by using the Services or Site you may be exposed to User Content that is offensive, inaccurate, deceptive, harmful, or otherwise inappropriate.
User Content may be subject to specific rules and limitations we post or communicate to you from time to time. You agree to only submit User Content conforming to such rules and limitations.
We may remove, edit, or delete any User Content submitted, hosted, or stored on the Site or our servers without providing you with prior notice. We are not obligated to store or back up any User Content. Therefore, you are responsible for creating backup copies of any User Content you wish to keep.
Under no circumstances may Jordan Meyer be held liable in any way for any User Content, including, but not limited to, for any errors or omissions in the User Content or for any loss or damage of any kind that may occur as a result of any User Content submitted, published, or otherwise made available on the Site, Services, or elsewhere.
9. User Content License
By submitting User Content you grant Jordan Meyer an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license (with right to sublicense) to use, publish, copy, adapt, modify, process, reproduce, transmit, distribute, translate, publicly and privately display and perform, incorporate into other works, prepare derivative works of, bring actions for infringement of, and
otherwise use and exploit your User Content in any and all media or distribution methods now known or later developed. This license includes the right to provide the User Content to our third-party partners for distribution, publication, syndication, and broadcast on other media, devices, and services subject to our terms and conditions for the use of such User Content. Furthermore, you irrevocably waive any claims of moral rights or attribution regarding your User Content. You represent and warrant that you have all rights, power, and authority to grant all the rights pertaining to User Content as stated in these Terms.
This means that you will always maintain ownership of the User Content you submit. However, we have the right to display the User Content and make various changes to it as are necessary in providing our Services and to conform to the needs of different media, devices, services, and computer networks. At no time will you be entitled to any compensation for this license.
10. Enforcement of Acceptable Use Policy
We reserve the right to review and investigate your use of the Site and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors, or a third party. Such action may include, but is not limited to, initiating proceedings to recover any losses, and reporting you to law enforcement authorities.
11. Third-Party Resources
The Site may contain links and advertisements to third-party websites and services (collectively, "Third-Party Resources"). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
12. Modification of Site
We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors' use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Site are subject to these Terms.
13. Support or Maintenance
Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so.
14. Restricted Access
Some parts of the Site may be restricted to certain visitors. If you have permission to access restricted parts of the Site, you agree to not share your access information and password with third parties. We may change the restricted parts of the Site from time to time. If you do not have access to restricted parts of the Site, you agree not to use another user's account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Site.
15. Privacy
We manage the collection, use, and security of your personal information according to our Privacy Policy, incorporated herein by reference. By using this Site you consent to our collection and use of your personal information as set forth in the Privacy Policy.
At times we may need to send you communications related to the Site or the Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them.
We reserve the right to access and disclose the information and User Content you submit to the Site if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of Jordan Meyer, its users, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms, including investigating potential violations.
16. Jordan Meyer Rights and Ownership
Unless otherwise stated, Jordan Meyer and its permitted licensors own all intellectual property rights in the Site and its contents, excluding User Content. These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site or
Services other than your own User Content without our express prior written consent or the consent of any third-party owners of the content. Site content is not for resale under any circumstances.
17. Copyright Policy
We expect you to respect the intellectual property rights of others when using the Site and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
a. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. Identification of the copyrighted work or works claimed to have been infringed;
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. Your contact information, including your address, telephone number, and an email address, if available;
e. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user's account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:
Jordan Meyer
Attn: Copyright Agent 1527 Boulder Creek Ln Layton, Utah 84041
Phone: 303-887-6663
Email: jordanmeyer@meyerindustriesllc.com
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney's fees incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by us, if injured by such misrepresentation.
18. Disclaimers
THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE SITE. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.
THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL
SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JORDAN MEYER, INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS.
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Indemnity
You agree to indemnify, defend, and hold harmless Jordan Meyer and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney's fees, from any claim or disputes by a third party arising out of your use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting User Content through the Site or Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.
21. Release
In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site or Services, you hereby release and forever discharge us, including our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
22. Termination
We may suspend or terminate your access to the Site at any time and for any reason or no reason at all, with or without notice, at our sole discretion. Your User Content may also be deleted in the event your access is terminated. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation,
intellectual property ownership, warranties, disclaimers, and limitations of liability.
23. Modification of These Terms
We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site and Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms, including, but not limited to, by email, posting on the Site, or other reasonable means.
24. Violations of These Terms
Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services. We may also choose to remove your User Content.
25. Dispute Resolution
Unless both parties agree otherwise, you and Jordan Meyer agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Services, or these Terms will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this agreement.
You and Jordan Meyer agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.
26. General Terms
a. Entire Agreement
These Terms and our Privacy Policy represent the entire and exclusive agreement between you and Jordan Meyer regarding your use of the Site and Services, superseding and replacing all previous agreements. You may also be subject to additional terms and conditions or separate agreements regarding specific Services we provide, partner or affiliate services, use of Third-Party Resources, or any purchases you may make through the Site.
In the event that these Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.
b. Waiver and Severability
Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision.
If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
c. Assignment
Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.
d. Cumulative Rights
The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.
e. Law and Jurisdiction
These terms shall be governed by, and will be construed under, the laws of Utah, United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the federal or state courts located in Utah, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.
27. Electronic Communications
Electronic communications occur whenever you use the Site or Services, you send us emails, we send you emails, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
28. Feedback and Complaints
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952- 5210.
29. Contact Information
Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us as follows:
Jordan Meyer
1527 Boulder Creek Ln
Layton, Utah 84041
Phone: 303-887-6663
Email: jordanmeyer@meyerindustriesllc.com
Instructions for Your Terms of Use
All websites need to post their website terms of use in order to notify visitors of its rules and protect themselves from a wide variety of potential legal liabilities. The following information explains the main sections and key considerations of website terms of use.
Note that this document is meant for websites based within the United States. It may not be appropriate for sites hosted in other countries or may need additional language.
Acceptance of Terms
This section explains that, by using the website and any services provided, the visitor agrees to abide by the terms and conditions. These terms are a binding legal agreement. Also, the section specifies any age restrictions you impose on visitors.
Browsewrap vs. Clickwrap
"Browsewrap" is the term used for websites that allow users to accept their terms and conditions simply by navigating through the site. "Clickwrap," on the other hand, refers to sites that require visitors to affirmatively agree to the terms by clicking an "Accept" button, or checking a similar box, before creating an account or making a purchase.
Browsewrap is typically only used for static sites that are primarily informational in nature with little to no interaction with the site or others and do not offer products or services for sale. Clickwrap is recommended for all sites that go beyond browsewrap by selling products and services or allowing users to post content or interact with others.
If you choose to implement clickwrap, you should be sure that your method requires visitors to make an affirmative action assenting to the terms and conditions. Best practice is to require visitors to scroll through the entire terms (and privacy policy, if you have one) before they can click the button or box to agree.
License to Use
Visitors are granted the limited right to use the website so long as they conform to the requirements set out in the terms.
Advertisements
You, as the website operator, have the right to advertisements, some of which may be targeted based on the type of information on the site, queries made, or other information submitted by visitors. The types and amount of advertising on the site is subject to change.
Cookies
This section explains that your website uses cookies, which store information related to visitors' preferences, browser type, and other information in order to optimize their experiences. Visitors may choose to decline cookies by disabling them in their browser settings.
Acceptable Use Policy
This section explains your rules for conduct and provides a lengthy list of prohibited uses of the website, including using the website
for illegal purposes,
to transmit viruses and other malicious computer software,
to harvest data,
to transmit or send unsolicited communications,
to commercially exploit its content,
to attempt to gain unauthorized access to restricted parts of the site, and
to harass, stalk, harm, or otherwise interfere with another user's normal use and enjoyment of the site.
International Use and Compliance
Visitors are responsible for ensuring that their use of the site conforms to all local, international, and other laws that may apply.
Minors and the Children's Online Privacy Protection Act
This section, if included, explains whether you knowingly collect, or allow others to collect, personal information or data from visitors under 13 years of age and, if so, provides your reasons for doing so. Website operators that collect this information are required to comply with the Children's Online Privacy Protection Act (COPPA), which includes obtaining verifiable parental consent to your collection and use of data pertaining to children.
User Accounts
This section is included if you allow visitors to the website to create user accounts or profiles. Those that do so are called "Members." By creating an account, each Member agrees that all information submitted when creating an account is true and accurate and promises to update and maintain the accuracy of this information at all times. Each Member is the sole authorized user of his or her account and is responsible for keeping passwords and account access information confidential.
User Content
This section is included if you indicated that visitors can submit content on the site. After providing a definition of such "User Content," the section explains that you do not monitor, support, or endorse the submission or publication of any particular User Content and, therefore, may not be held responsible for it. You may remove User Content at any time and for any reason, without notice.
User Content License
Visitors maintain ownership of all User Content submitted and grant you a license to use, publish, copy, and modify the content as you choose.
Enforcement of Acceptable Use Policy
You may review and investigate visitors' use of the site and take any appropriate action against them that you determine necessary in your sole discretion.
Third-Party Resources
Here, you explain that the site may contain links and advertisements to third-party websites and services, called "Third-Party Resources." Visitors agree that Third-Party Resources are not under your control and that you are not responsible for the content, products, or services they provide.
Modification of Site
In this section, you reserve the right to modify, add to, suspend, or terminate all or part of the site or its services at any time with or without providing prior notice to visitors.
Support or Maintenance
Here, visitors are told that you are under no obligation to provide customer support or website maintenance.
Restricted Access
Visitors agree not to use the site to gain improper access to restricted parts. If you provide visitors with account access to areas of the site that are restricted to the general public, such visitors agree not to share their password and other access information with others.
Privacy
This section alerts visitors to your privacy policy, if you have one, and explains the general situations that you may be required to disclose visitor information to others; for instance, to respond to legal claims or requests for customer service.
Your Rights and Ownership
With the exception of any User Content that may be submitted by visitors, you own all intellectual property rights to the content on the website. Visitors agree not to sell, copy, or otherwise misappropriate your intellectual property and to keep all copyrights, trademarks, and other intellectual property notices on all copies of your content.
Copyright Policy
This section outlines the process for reporting any allegations of copyright infringement on your website according to the proper procedure outlined under 17 U.S.C. 512(c) and then designates your copyright agent responsible for receiving and investigating such notices. This information is necessary to comply with the safe harbor provisions of the Digital Millennium Copyright Act (DMCA).
These requirements include that you (a) provide notice to your users of your policies regarding copyright infringement and the consequences of repeated infringing activity, (b) follow the proper notice and takedown procedures, including removing, or disabling access to, the material, providing notice to the individual responsible for such material, providing such individual with an opportunity to provide proper "counter-notice," and complying with applicable procedures thereafter, and (c) designate an agent to receive notices of infringement from copyright owners.
Sales, Refund, and Cancellation Policies
If you sell goods or services through your website, then you should outline your sales policy in
this section, including any conditions of sale, return policies, guarantees, payment details, fees, and shipping terms. Doing so helps avoid potential disputes and lawsuits with aggrieved visitors.
Likewise, you should include any refund and cancellation policies you may have in order to put visitors on notice and avoid conflicts.
Disclaimers
The disclaimers include many of your most important terms and conditions. Among these, visitors are told that the site is provided on an "as-is" basis, and potential express and implied warranties are disclaimed in order to prevent visitors from seeking to hold you liable for promises you do not intend to offer. This also includes disclaimers for any loss or damages that may occur to visitors' computers, internet connections, or User Content.
Visitors are told that the content on your website is for informational purposes only and does not offer any professional advice, including legal, financial, or medical advice.
Limitation of Liability
This is another important section because it limits your potential liability for visitors' use of the site to a maximum of the greater of $100 or amounts paid by the visitors in the past six months.
Visitors also agree not to bring any claims personally against any of your subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, or licensors.
Indemnity and Release
Here, visitors agree to indemnify you against (meaning pay for) any claims by third parties that result from visitors' use of the site.
Visitors agree not to pursue any claim or action they may have against you or your affiliates.
Termination and Modification
You may terminate visitors' access to any part or service on the site at any time in your sole discretion, without notice.
You may also update these terms at any time. Visitors' continued use of the site constitutes acceptance of such updates. You will provide visitors with notice of such updates by any reasonable means, including by email or posting notice in a prominent place on the site.
Violation of These Terms
You have the right to take any and all appropriate actions you deem necessary should a visitor breach these terms. This may include suspending, blocking, or terminating their access.
Dispute Resolution
If you choose to include this option, all disputes relating to the site, services, or these terms are required to be resolved through mandatory binding arbitration administered by the American Arbitration Association.
Feedback and Complaints
Visitors assign you the right to use and fully exploit all feedback or complaints they submit in any manner you wish, commercial or otherwise.
Contact Information
The last section includes the website operator's contact information, which is an important requirement that helps visitors report any violations of your terms that they may witness and to contact you for help and other matters.