Last Updated: October 25, 2022.
CHANGES TO THIS POLICY
INFORMATION THAT WE COLLECT
We collect two types of information from you. The first type is personal information that you actively choose to disclose (“Personal Information”) and the second type is anonymous aggregate information collected in a manner not visible to you or others visiting the Website (“Website Use Information”).
Examples of personally identifiable data that you may provide to us may include your name, address, phone number and email address. In providing Personal Information, you consent and agree to us contacting you with information related to the Website and/or information regarding our or third parties’ products and services. If you provide personally identifiable data to us, you may later elect to have that information deleted from our files, or kept from being used for purposes other than for the service requested, by following the opt-out procedures set forth below.
WEBSITE USE INFORMATION
We record information relating to your use of the Website, such as the information you click on, your browser type, IP address, referring URL, and timestamp information. We use this type of information to administer the Website and may also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Website.
INFORMATION SHARING AND DISCLOSURE
We may share, license, or sell information we collect to third parties for various marketing purposes, including their online marketing programs. We also reserve the unequivocal right to release all your information, to the maximum extent permitted by law in the event that: (1) we believe that the Website is being or has been used to commit unlawful acts; (2) the information is subpoenaed or otherwise required in a court proceeding; (3) you violate or breach an agreement with the Website; (4) you have submitted fraudulent or otherwise invalid information to this Website; (5) we believe that you may harm, or have harmed, the property or other rights of us, our members, our employees, the Website’s other users or any other third party; (6) we are sold to or otherwise acquired by any individual, entity or organization (i.e. to a successor entity in the event of sale of the business, including merger, bankruptcy or other ownership change); or (7) when we otherwise deem it necessary or appropriate. We may disclose any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the requirements of the CAN-SPAM Act of 2003, as amended from time to time, or any other applicable state or federal law, rule or regulation.
We make reasonable efforts to secure your information. Such efforts may include but are not limited to monitoring of our network and data for intrusions. We also use industry-accepted standards to protect your information, including SSL encryption, if and when transmitting any sensitive information. We have implemented certain physical, encrypted, electronic, and managerial procedures to safeguard and secure the information we collect. Communications you may have with us via email or mail may not be secure unless we advise you that security measures are in place prior to you sending the information. Therefore, if you choose to communicate with us through these means, you are assuming the risk of doing so and we request that you do not send or post sensitive information through these means.
Should you need to update or correct any personally identifiable information you have provided to us through the Site, you may send updates and corrections to [email protected] and we will make reasonable efforts to timely update or change the information we hold.
The Website may contain links to third party sites including sites with which we have no affiliation. We are not responsible for their privacy practices. It is recommended you read the privacy policies on all such third party sites.
In compliance with the Children’s Online Privacy Protection Act (COPPA), neither our advertisements nor our Website are directed at or designed to attract children. Accordingly, we do not knowingly or intentionally collect personally identifiable information from anyone we know to be under 13 years of age.
Kim Clark Communications, Inc – PO Box 2466, Santa Cruz, CA 95063.
Terms and Conditions, Kim Clark Communications, Inc
Last Updated: October 25, 2022.
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate: means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country: refers to California, United States
- Company: (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Kim Clark Communications, Inc., 3367 Oneill Ct, Soquel, CA 95073.
- Device: means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service: refers to the Website.
- Terms and Conditions (also referred as "Terms"): mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service: means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website: refers to Kim Clark Communications, accessible from https://kimclarkcommunications.com.
- You: means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
LINK TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
FOR EUROPEAN UNION (EU) USERS
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS OF CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us by email: [email protected]