Important Legal Information Regarding Privacy
Choice of Law: Jurisdiction
This agreement will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with Think Outside The Diamond, LLC will be brought solely in Collier County, Florida, and you consent to the jurisdiction of such courts.
Ricksaggese.com Web site
C. We encourage you to carefully choose the information you submit, post, or provide to others using the Web site or Web site features (e.g., comments, postings, etc.). Any conversations or information you have or share with others using features that are available on the Web site and any User Submissions (defined below) may be accessible and viewable by all other users or by other members of the Web site. We do not control, or have any knowledge of the content of any communication(s) spread by the use or functions of the Web site, such as the posting of User Submissions. The content of the communication is entirely the responsibility of the person from whom such content originated.
D. We reserve the right to remove, edit or reject any User Submissions (defined below) at any time, in our sole discretion. Furthermore, we may restrict, suspend or terminate any user’s access to all or any part of the Web site or its features at any time, for any or no reason, with our without notice and with no liability to us whatsoever.
Web site Access
B. You agree that you will not use the Web site and the services and features offered through the Web site (i) in connection with any commercial activities and/or sales, including without limitation advertising, contests, sweepstakes or pyramid schemes, without our prior written consent, (ii) to promote information that you know is false or misleading or to promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (iii) to further or promote any criminal activity or enterprise, including without limitation, harassment, stalking, copyright infringement, patent infringement, or theft of trade secrets, (iv) to solicit personally identifiable information for commercial or unlawful purposes, (v) to advertise to, solicit, or sell to any person without their prior explicit consent, (vi) to harvest or collect personally identifiable information such as e-mail addresses, account names, passwords or other contact information of users or members for purposes of sending unsolicited communications or commercial solicitations. In order to protect third parties and other users from such prohibited conduct, we reserve the right to restrict, in our sole discretion, communications which a user may send through the Web site.
Intellectual Property Rights
The content on the Web site, except all User Submissions (“Web site Content”) is owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. This content may not be used in connection with any product or service in any manner without our prior written consent. You in no way will obtain any ownership interest in the Web site Content, trademarks or service marks contained on this Web site. Web site Content is provided to you “AS IS” for your information and personal or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owner. We reserve all rights not expressly granted in and to the Web site and the Web site Content. You agree to not engage in the use, copying, or distribution of any of the Web site Content other than as expressly permitted herein or as reasonably necessary to use the Web site for its intended purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Web site or features that prevent or restrict use or copying of any Web site Content or User Submissions or enforce limitations on use of the Web site or the Web site Content and User Submissions.
A. The Web site may permit the submission of certain user-generated text, information, data, audio, photographs, files or other content to the Web site (“User Submissions”) and the hosting, sharing, transmission and/or publishing of such User Submissions. User Submissions may be used, distributed and published by us and viewed by both us and general users of the Web site. You understand that we do not guarantee any confidentiality with respect to any User Submissions.
C. You will retain all ownership rights in your User Submissions, and we will not use, reproduce, publish, distribute or display User Submissions owned by you and stored on our Web site for our commercial, marketing or any similar purpose, without your consent. By submitting a User Submission to us and permitting it to be viewed, posted or published on our Web site, you hereby grant to us a perpetual, worldwide, non-exclusive, royalty-free, fully paid up, sublicenseable and transferable license, to use, post and store your User Submissions on our Web site and servers, and to publish, distribute and display such User Submission in connection with the Web site and our business, including without limitation the right to distribute such User Submissions to other users and third parties. You further hereby waive any and all moral rights and all rights of a similar nature in any jurisdiction in your User Submission.
E. You understand that when using the Web site, you will be exposed to User Submissions and third party information from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submissions and third party information. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
You agree that your use of the Web site shall be at your sole risk. The Web site, the Web site Content, User Submissions and any services made available on the Web site are provided on an “as is” and “as available” basis. We do not make and disclaim any and all express and implied warranties and representations, including but not limited to any implied warranty of merchantability, title, non-infringement, and/or fitness for a particular purpose, with regard to the Web site, the Web site Content, User Submissions or any advice or services provided through the Web site, to the fullest extent permitted by law. Without limiting the foregoing, we do not represent or warrant that: (i) the Web site will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Web site will be corrected; or (iii) the Web site or the server that makes it available are free of viruses or other harmful components. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any institution or third party through the Web site or any hyperlinked web site.
Limitation of Liability.
In no event shall we, or our directors, employees, affiliates, subsidiaries, agents and other partners be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for: (i) any indirect, special, incidental or consequential damages that may be incurred by you; (ii) any loss of data, income, business or profits (whether direct or indirect) that may be incurred by you; and (iii) any claim, damage, or loss which may be incurred by you as a result of (a) the availability of Web site and/or any other third-party web sites, (b) any reliance placed by you on any advertising, products, services or other content or materials on, or available from, the Web site or any third-party web site; or (iii) any of your transactions with third parties or other users. The limitations on our liability to you above shall apply whether or not we have been advised of the possibility of such losses or damages arising. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that we shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, modify, edit or otherwise use your submissions. We shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you.
If you have any questions or comments on this Web site or become aware of misuse of the Web site by any person, please contact us at firstname.lastname@example.org
Collection and Use of Personal Data
Your privacy is important to us. We at times collect, retain, and utilize Personal Data about you to operate our business and to make services and other opportunities available to you. The term “Personal Data” means personal information that Think Outside The Diamond obtains about you that can be reasonably used to identify you, including your name and email address. We recognize and respect your privacy concerns about your Personal Data. We obtain Personal Data in a variety of ways (for example, directly from your Site registration, Mindbody registration, from your other transactions or experiences with Ricksaggese.com, including comments and information that you submit when utilizing the social networking aspects of the Site (e.g., blogs) or from other third parties).
Disclosure of Information
Except as indicated within this Policy, we will not sell, rent or transfer your Personal Data to or otherwise share your Personal Data with third parties. We may share or transfer your Personal Data as directed to do so by you. We may use your Personal Data to notify you of Ricksaggese.com Site developments/features and to update you on events or projects that we are participating in or having that may interest you.
We may otherwise transfer Personal Data to third-party vendors who assist us in operating the Site. For example, a third-party consultant might have access to your Personal Data in the course of providing database management services to us. All or our vendors operate under applicable federal and state laws regarding consumer privacy and data security. The Site also uses PayPal to allow for payments for products and services. Your transaction will be governed by the privacy policies of these companies.
We may, in our sole discretion, share or transfer your Personal Data where permitted or required by law, to comply with the legal process (for example, we may disclose your information as necessary to comply with an authorized civil, criminal or regulatory investigation), to protect the security or integrity of our databases or the Site, to protect our business or reputation, to take precautions against legal liability, in the event of a business transition (see below), to protect and defend our rights or property, or for resolving disputes, inquiries or complaints with respect to your use of the Site.
Furthermore, we may also provide our partners and other third parties who might benefit from the information with aggregated data (i.e., compiled data that does not in itself identify you) for research and other purposes.
As is true of most Web sites, our Site gathers certain information automatically and stores it in log files. This information, which cannot be reasonably used to identify you and does not qualify as Personal Data for purposes of this Policy, includes Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We may use this information to track user habits and improve the functionality of the Site as a result of our observations.
Personal Data Submitted by You within Site’s Common Areas and Blogs
You should exercise caution in sharing your Personal Data through any of the above-described Site features.
Links to Other Sites
You should know that while visiting the Site, you may be directed, through links, to other Web sites that are beyond our control. We are not responsible for the privacy practices and policies of such Web sites.
Maintenance of Accurate Information
We have established procedures to correct inaccurate information in a timely manner. If you have any reason to believe that Personal Data about you that is stored and maintained by us is incorrect, please contact us by email at email@example.com
Protection of Information
We strive to maintain the reliability, accuracy, completeness and currency of your Personal Data in our databases and to protect the privacy and security of our databases and the data we collect. Any Personal Data that you provide to us will be stored on remote computer network servers. Our service provider maintains reasonable physical, electronic and procedural safeguards to protect the confidentiality of your Personal Data. The security measures in place on the Site and computer systems aim to protect the loss, misuse or alteration of the information you provide to us. If you have any questions or concerns regarding the security of your information, please email us at firstname.lastname@example.org
In the event Ricksaggese.com goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Data might be among the assets transferred. You will be notified via this Site of any such change in ownership or control of your Personal Data.
If we decide to change this Policy, we will post the changes at this Site and at other places we deem appropriate. We reserve the right to modify this Policy at any time, so please review it frequently.
By visiting this Site and communicating electronically with us, you consent to the processing and transfer of your data as set out in this Policy.
This Policy is effective as of May 24, 2018.