LAST UPDATED AND EFFECTIVE: August 26, 2019
1. Who is collecting my personal data?
2. What Data Do You Collect?
When you provide it to us, we collect information that identifies you (“Personal Data”), such as your:
When you visit the Site, we collect data from the device or browser through which you access the Site (“Log Data”), such as:
Much of this Log Data does not identify you personally. However, we may associate this Log Data with your Personal Data. When we do, we will treat any such combined data as Personal Data until such time as it can no longer be associated with you or used to identify you.
3. How Do We Use Your Personal Data?
Broadly speaking, we use Personal Data for the purposes for which you provided it. If you engage us for professional services, we will use your name and contact information to fulfill your needs, including billing and delivery. If you send us an email, we may use your email address and other information you submit to provide customer service to you.
We may also use your Personal Data or Log Data to administer our internal business activities, such as to design and arrange the Site in the most user-friendly manner and to continually improve the Site to better meet the needs of our customers and prospective customers, to better understand visitors to the Site, to manage your account, to provide customer service, or to make available other products and services to our customers and prospective customers.
In addition, we may use third-party services, such as Google Analytics, that collect, monitor, and analyze Log Data.
4. How Do You Share My Personal Data?
A. No Sale of Personal Data
We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third-party advertisers. There are, however, certain circumstances in which we may disclose, transfer, or share your Personal Data with certain third parties without further notice to you, as set forth below.
B. Sharing Personal Data With Affiliates, Successors, and Agents
We, like many businesses, sometimes engage other companies to perform certain business-related functions. These companies may include marketing agencies, database service providers, backup and disaster recovery service providers, email service providers, payment processors, and others. When we engage another company to perform such functions, we may provide it with Personal Data, Log Data, or aggregate information about our customers, sales, website traffic patterns, and related website information, in connection with its performance of such functions. We take measures to select service providers that are responsible and afford privacy protections to their customers. However, we cannot make any representations about the practices and policies of these third-party companies.
C. Sharing Data Through Social Media
We may work with social media sites like Facebook, and with application developers who specialize in social commerce so you can connect to us, share your interests, express opinions about products and services, purchase our services, and generate interest in our services among members of your social networks.
If you use third-party social media features, we or the third party may collect or share your data, including your Personal Data. We consider information collected from or shared through any such social media features as public information, because the third-party social media sites made it publicly available. If you do not want us to be able to access information about you, including Personal Data, from third-party sites, you must limit data collection and disclosure in the privacy settings on the third-party sites. We reserve the right to remove the Personal Data or other data of any person for any reason we, in our sole discretion, deem appropriate.
D. Legally-Comelled Disclosure of Personal Data
We may disclose your Personal Data if required to do so by law or in our good-faith belief that such action is necessary to:
5. What Are My Rights Regarding the Processing of My Personal Data?
People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used.
You may choose to limit the Personal Data you submit by merely browsing the Site without providing your name or other information. If you do so, you may not be able to use certain functionality of the Site. To open an account, for example, you must provide your name and email address.
If you would prefer for us not to exchange your name with other companies, please let us know. Please contact us at email@example.com, 1-888-410-0010, 2055 Enterprise Pkwy, Twinsburg, OH 44087
6. Is My Personal Data Secure?
7. How Long Will You Keep My Personal Data?
We may retain your Personal Data as long as you continue to use the Site. You may close your account by contacting us. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time.
A. What are cookies?
A cookie is a piece of information that is placed on your web browser or device when you access and/or use the Site. Cookies store text and can later be read back by the Site or third parties. Cookies can remember the information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages.
C. How can I manage cookies?
You can manage cookies through your web browser’s Options settings. You may be able to be notified when you are receiving new cookies and disable or delete cookies. Please refer to your web browser’s Help section for information on whether you can and how to do this.
Many of the third-party technologies that enable targeted banner advertising also allow you to opt out. Such third-party service providers include Adroll, Rubicon, Google, Media Math, Perfect Audience, Quantcast, Retargeter, and Yahoo!, among others. You can control your preferences directly with each such third-party service provider.
You can learn more about cookies at the following third-party websites:
Note that if you disable, delete, or refuse to accept cookies, you may not be able to use some features of the Site and/or some of our pages might not display properly.
A. Third-Party Sites
Any data you disclosed on websites not operated or controlled by us, even though we may provide links to them on the Site or in our emails. We are not responsible for the policies and practices employed by, or the content of, such third-party sites. We suggest contacting those sites directly for information about their privacy policies and practices.
B. Non-Personally Identifiable Data
Any non-personally identifiable data we collect, including, without limitation, Log Data, domain names of your Internet Service Provider, your approximate geographic location, a record of your usage of the Site, the time of your usage, and aggregated Personal Data, but only to the extent the foregoing cannot be used to specifically identify you.
C. Aggregated Personal Data
10. Do You Collect The Personal Data of Children?
We do not intentionally or knowingly collect any Personal Data from children under the age of 18, nor do we target our emails to them. Children under the age of 18 should not submit any Personal Data through the Site. We encourage parents and legal guardians to monitor their children’s use of the Internet and instruct them to never provide Personal Data through the Site. If you believe a child under the age of 18 may have provided Personal Data to us through the Site, please contact us at firstname.lastname@example.org and 1-888-410-0010 and we will use reasonable efforts to delete it from the Site and our files.
11. International Privacy Laws
12. What If You Change This Policy?
Before accessing or using any part of the Site, You should carefully read the following Terms of Service below (“TOS”) because they govern your access to and use of this Site and any services, tools, materials, or information available through the Site or used in connection therewith. ChromaScape is willing to license and allow You use of the Site only on the condition that You accept all of the terms and conditions contained in this TOS. If You do not agree with all of the terms and conditions contained in this TOS, You are not granted permission to access or otherwise use the Site and should leave the Site immediately.
A. License Grant.
The Site is owned and operated by ChromaScape, and this TOS provides to You a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and any programs, services, tools, materials, or information made available through or from the Site so long as You comply with the terms and conditions of this TOS. This TOS permits You to use and access for personal or business purposes only the Site (i) on a single laptop, workstation, computer or mobile device and (ii) from the Internet or through an on-line network. You may also load information from the Site into your laptop’s, workstation’s, mobile device’s or computer’s temporary memory (RAM) and print and download materials and information from the Site solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If You are using the Site on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with ChromaScape regarding access and usage privileges for the Site, including, without limitation, a member services agreement with ChromaScape. Nevertheless, your personal use of the Site will be subject to the obligations and restrictions regarding use of the Site as set forth in this TOS.
The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by ChromaScape through the Site in any manner not expressly permitted by this TOS. In addition, You may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Moreover, You may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of anyother Authorized User(s), or any other systems or networks connected to the Site or to any ChromaScape server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ChromaScape’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal You send to ChromaScape on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Site (or any part thereof) without ChromaScape’s express, separate, and prior written permission, or (x) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ChromaScape.
C. User Obligations.
By downloading, accessing, or using the Site in order to view our information and materials or submit information of any kind, You represent that You are at least the legal age of majority or, if a minor have parental or custodial permission, and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when You provide information via a Site registration or submission form. If You provide any false, inaccurate, untrue, or incomplete information, ChromaScape reserves the right to terminate immediately your access to and use of the Site. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. Without limiting the generality of the foregoing, You agree that You shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which You receive or which is made available from ChromaScape in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Site (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, You also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Site is solely at your own risk. While ChromaScape has endeavored to create a secure and reliable Site, You should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, ChromaScape is not responsible for the security of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to your use of the Site, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Site, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Site shall only be available through the sole discretion of ChromaScape or pursuant to the terms and conditions of a separate written agreement with ChromaScape.
You may not link to the Site from a third party site without our prior written permission. Unless otherwise expressly authorized in this TOS, you may not take any action to interfere with this Site or any other user’s use of the Site or decompile, reverse engineer or disassemble any content or other products or processes accessible through this Site, nor insert any code or product or manipulate the content in any way that affects any user’s experience. While using this Site you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of this Site to respect the rights and dignity of others.
By posting or transmitting to this Site, you are warranting to ChromaScape that the material is and will be treated as, non-confidential and non-proprietary. By transmitting or posting any communication or material to this Site you agree that ChromaScape and any of its affiliates may use your communication and/or material for any purpose, including reproduction, transmission, publication, broadcast and posting. ChromaScape is under no obligation to respond to messages posted to this Site, nor need ChromaScape provide any compensation for any such communication and/or material. Please be aware that applicable national law governs the type of material that can be posted to a website; and you must not contravene any such laws including those that prohibit threatening, libelous, defamatory, obscene, pornographic, indecent or profane material, or post any material that could constitute or encourage conduct that would be considered a criminal offense or in contravention of any other applicable law.
ChromaScape reserves the right, using its sole discretion, to remove any communications or materials that it considers unacceptable for whatever reason. ChromaScape does not accept ideas, suggestions, or other Submissions, whether pertaining to any content, the Sites, any products or services of ChromaScape or its affiliated entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other submission through the Sites, you agree that such submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such submission, and that ChromaScape has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such submission, that no other party has any trade secret or any other rights in the submission.
D. Delivery of Information.
When using and/or to facilitate the operation of certain features of the Site, You may provide ChromaScape with additional content or information (a “Posting”). Subject to all applicable laws, in connection with delivering and providing to ChromaScape any such Posting, You hereby and automatically grant to ChromaScape a non-exclusive, worldwide, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the Site and ChromaScape’s service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, You must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide ChromaScape with reasonable proof thereof (if requested)) required for ChromaScape to use such content or information in connection with ChromaScape’s services and the Site. Notwithstanding the foregoing, You acknowledge and agree that ChromaScape shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the Site in a timely or accurate manner. Moreover, ChromaScape assumes no responsibility for the deletion of or failure to store any content or information.
E. Other Terms.
Additional notices, terms, and conditions may apply to receipt of any goods or services from ChromaScape, Authorized User registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this TOS by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site. ChromaScape’s obligations, if any, with respect to its goods, programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
F. User Name Handling.
Registration as an Authorized User for access to certain areas of the Site may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the Site and to your account. Accordingly, by using the Site, You agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User’s user name and password. You will immediately notify ChromaScape if You become aware of any loss or theft of your password or any unauthorized use of your user name and password. ChromaScape cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. ChromaScape reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
This Site may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the Site contains such communication forums (the “Forum(s)”), You agree that by using the Site You will not post or transmit any of the following materials on the Site’s Forums:
i. anything that interferes with or disrupts the Site or the operation thereof,
ii. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
iii. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
iv. statements or material that violates other contractual or fiduciary rights, duties, or agreements,
v. statements or material that is bigoted, hateful, or racially offensive,
vi. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
vii. statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
viii. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
ix. statements or material that harms minors,
x. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of ChromaScape,
xi. statements or material that misrepresents your affiliation with any entity and/or ChromaScape,
xii. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
xiii. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
xiv. statements or material that are “off-topic” for a designated Forum, and
xv. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
As Forums may be public, the Authorized User experience is enhanced if You follow the foregoing and following guidelines. Please use proper etiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. ChromaScape encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.
The Site is intended to provide information about our healthcare products, and it is not intended to provide medical advice or instructions as to use but only as general information, which should not be relied upon by any individual or for any specific purpose. Always consult your doctor or pharmacist for advice on treatment of individual circumstances and needs.
H. Permission to Use Postings.
You represent that You have all necessary rights to make the Posting available to ChromaScape and any Forum, and You also acknowledge that such Postings are non-confidential for all purposes and that ChromaScape has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Site, ChromaScape has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable You to provide and display a Posting. Moreover, ChromaScape assumes no responsibility for the deletion of or failure to store any Posting and recommends that You do not post, display, or transmit any confidential or sensitive information.
I. No Pre-Screening of Postings.
ChromaScape is not responsible for screening, policing, editing, or monitoring your or another Authorized User’s Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to ChromaScape’s right and ability to delete or remove a Posting (or any part thereof), ChromaScape does not endorse, oppose, or edit any opinion or information provided by You or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other Authorized User. Nevertheless, ChromaScape reserves the right to delete or take other action with respect to Postings (or parts thereof) that ChromaScape believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to ChromaScape or its products, services, and goodwill. If You violate this TOS, ChromaScape may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue You a warning, and/or terminate your use of the Site. Moreover, it is a policy of ChromaScape to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If You become aware of Postings that violate these rules regarding acceptable behavior or content, You may contact ChromaScape as provided below.
J. Proprietary Rights.
This TOS provides only a limited license to access and use the Site. Accordingly, You expressly acknowledge and agree that ChromaScape transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by ChromaScape and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, ChromaScape does not grant any express or implied right to You or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that ChromaScape does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of ChromaScape’s trademarks. This Site is Copyright © 2019. All rights reserved. ChromaScape also owns a copyright in the contents of the Site as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by ChromaScape. ChromaScape, the ChromaScape logo, and all other names, logos, and icons identifying ChromaScape and its programs, products, and services are proprietary trademarks of ChromaScape, and any use of such marks, including, without limitation, as domain names, without the express written permission of ChromaScape is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners, including affiliates of ChromaScape.
K. Claims of Infringement.
You must comply with all U.S. copyright and related intellectual property laws when using the Site and may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights. Copyright owners who believe that their rights copyright have been infringed may take advantage of the Digital Millennium Copyright Act of 1998 (“DMCA”) to report alleged infringements. The ChromaScape reserves the right to terminate service to any Authorized User who is found to infringe third party copyright or other intellectual property rights. Any user who feels that a Posting is infringing may send a notice under the DMCA to the ChromaScape. Upon our receipt of a proper DMCA notice, ChromaScape will endeavor to respond promptly to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Posting in issue. The agent to whom you should address such notice is: Marketing, 2055 Enterprise Pkwy, Twinsburg, OH 44087.
L. Feedback and Submissions.
ChromaScape welcomes your feedback and suggestions about ChromaScape’s products or services or the Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to ChromaScape, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey to ChromaScape and enable ChromaScape to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ChromaScape to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and You hereby waive any claim to the contrary.
While the ChromaScape endeavors to provide reliable information, services, programs, software, and materials, the information, services, programs, software, and materials available on or through the Site are provided on an “as-is” and “as available” basis and may include errors, omissions, or other inaccuracies. ChromaScape is also not responsible for any postings provided by You that are available through or from the Site. Moreover, ChromaScape may make modifications and/or changes in the company website or in the information, services, programs, software, and materials available on the company website at any time and for any reason. You assume the sole risk of making use and/or relying on the information, services, programs, and materials available on the Site. ChromaScape makes no representations or warranties about the results that can be achieved from or the suitability, completeness, timeliness, reliability, legality, or accuracy of the information, services, programs, and materials available on the company website for any purpose, and expressly disclaims all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty under the uniform computer information transactions act as enacted by any state. ChromaScape also makes no representation or warranty that the Site will operate error free or in an uninterrupted fashion or that any files or information that You download from the site will be free of viruses or contamination or destructive features.
N. Limitation of Liability.
EXCEPT AS OTHERWISE PROHIBITED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE CHROMASCAPE (including any of its affiliates and any officers, directors, employees, shareholders or agents of ChromaScape and its affiliates) FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND ITS CONTROL, INCLUDING, BUT NOT LIMITED TO, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER CONNECTION PROBLEMS, COMPUTER VIRUSES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES, OR NATURAL DISASTERS, STRIKES, OR OTHER LABOR PROBLEMS, WARS, OR GOVERNMENTAL RESTRICTIONS. MOREOVER, IN NO EVENT SHALL CHROMASCAPE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE COMPANY WEBSITE, WITH THE DELAY OR INABILITY TO USE THE COMPANY WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CHROMASCAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Except as otherwise prohibited by law, You agree to defend, indemnify, and hold harmless ChromaScape and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by You of this TOS.
P. Notice of Security Breach.
In addition to the foregoing indemnification obligation, if You discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by ChromaScape, You shall immediately (i) notify ChromaScape of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, You shall immediately (a) investigate such breach or such potential breach, (b) inform ChromaScape of the results of such investigation, (c) assist ChromaScape using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist ChromaScape as reasonably necessary to enforce ChromaScape’s rights and to enable ChromaScape to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
Q. Governing Law.
Except as otherwise stated herein, this TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Ohio, as applied to agreements entered into and completely performed in the State of Ohio. You and ChromaScape each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Ohio for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS. Any claim You might have against ChromaScape must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of this TOS is found to be invalid or unenforceable in whole or in part, the other provisions of these Terms and the remainder of the provision in question shall not be affected.
R. Enforcing Security on this Site.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. ChromaScape reserves the right to view, monitor, and record activity on the Site without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. ChromaScape will also comply with all court orders involving requests for such information. In addition to the foregoing, ChromaScape reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, in order to protect the Site, ChromaScape, or ChromaScape’s business.
S. Term and Termination.
This TOS and your right to use the Site will take effect the moment You access or use the Site and is effective until terminated by ChromaScape. ChromaScape reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if You fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, You must destroy all copies of any aspect of the Site in your possession. In addition to the miscellaneous section below, the provisions concerning ChromaScape’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.
T. Your California Privacy Rights.
If you are a California resident, you may have the right to request and receive certain information about a company’s disclosure of your personal information to third parties for their own direct marketing use, and your choices with respect to such disclosures. Because we do not share your personal information with third parties for their own direct marketing use unless you are first given the opportunity to opt in or out, we are exempt from this requirement. If you still wish to learn more about our compliance with this requirement, please contact us using the methods listed under “Contact Us.”
14. How Can I Resolve a Privacy Dispute with You?
15. Acceptance of These Terms