Copyright 2013 Copyright-Ashley Sage-Taylor Armstrong, Inc. All rights reserved worldwide.
CONTRACTMAKER and DIGITAL CONTRACTS are unregistered mark. "SS" logo and "A Starlight and Sunny Book", "Starlight and Sunny, Easy Stick Sun Shades" of Ashley Armstrong - all other trademarks are the property of their respective owners.
1. Material Connections with Endorsers. Material connections involve the payment of compensation to endorsers or providing free promotional materials or benefits to endorsers.
1.1 No Commissions or Fees. None of the endorsers who provide testimonials or comments on this site regarding this site, its products or services receive payment in the form of affiliate commissions, referral fees, or other fees from us. To the best of our knowledge we believe these endorsements represent the honest opinions of the endorsers.
1.2 Free Promotional Materials or Benefits. Some or all of the endorsers who provide testimonials or comments on this site regarding this site, its products or services may have received free promotional materials or benefits from us. Although you might assume that these endorsements are biased by reason of these free promotional materials or benefits, to the best of our knowledge we believe these endorsements represent the honest opinions of the endorsers.
2. Success Story" or "Best-Case" Testimonials We Post. For Testimonials we post on our site that are in the nature of "success story" or "best-case" scenario testimonials (as distinguished from subjective opinions), we have data that will substantiate the results and also provide statements of expected typical results we believe consumers will generally achieve with our product or service, and we will provide this information upon request - email compliance.officer-at-www.ashleysagetaylorarmstrong.com and www.starlightandsunny.com.
3. Subjective Opinion Testimonials We Post. For Testimonials we post on our site that are in the nature of subjective opinions, we do not independently verify, nor do we seek independent verification; however, to the best of our knowledge we believe the testimonialists are giving their honest opinions. If you‚Äôre not sure regarding whether a particular testimonial is a "success story"/"best-case" scenario testimonial or a subjective opinion testimonial, email our compliance officer at the email address provided above and request clarification.
4. Blog Posts by Others. We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post "success story" or "best-case" scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.
5. Material Connections with Advertisers. Material connections involve the payment of compensation by advertisers to us or advertisers providing free promotional materials or benefits to us.
5.1 Commissions and Fees. Some or all of the advertisers for which we provide advertisements, testimonials or comments on this site may pay us in the form of advertising fees, affiliate commissions, referral fees, or other fees. Although you might assume that our endorsements are biased by reason of compensation, we strive to give our honest opinions and evaluations.
5.2 Promotional Materials or Benefits. Some or all of the advertisers for which we provide advertisements, testimonials or comments on this site may pay us in the form of free promotional materials or benefits. Although you might assume that our endorsements are biased by reason of free promotional materials or benefits, we strive to give our honest opinions and evaluations.
/***Instructions for FTC Guides Email Disclosure: If you promote the products or services of others by emails to your list, and if you receive payment or free promotional materials or benefits from the advertisers, these promotional emails are required to include an FTC Guides disclosure. This FTC Guides disclosure should not be posted to your website. Instead, you should place this disclosure at the bottom of each email you send for which you are compensated.***/
FTC Disclosures Regarding This Email Promotion: the Federal Trade Commission (FTC) requires that we disclose any material connection we may have with a product manufacturer or service provider (advertiser) (16 CFR, Part 255 - Guides Concerning the Use of Endorsements and Testimonials in Advertising). You should assume that (i) we, the sender of this email, have an affiliate relationship and/or other material connection with the providers of products and/or services of others that are advertised or recommended in this email, and (ii) that we may be paid affiliate commissions, referral fees, or other fees, or that we may receive free promotional materials or benefits for sales of these products and/or services. Even though we may be compensated, we strive to give our honest opinions and evaluations.
Effective Date: June 9, 2013
To review material modifications and their effective dates scroll to the bottom of the page.
4. How We Treat Postings To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
5. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9. DMCA Notice. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Vancouver, _B.C Canada__,
Agent's Name/Email Address: email@example.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
14. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
15. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in California, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of California, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
17. Controlling Law. This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
18. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
19. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
20. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Material Modifications Since June 9, 2013: none.
Effective Date: June 9, 2013
To review material modifications and their effective dates scroll to the bottom of the page.
THE TYPES OF INFORMATION WE COLLECT
Personal Information. We collect information as a result of specific requests or prompts for entering Personal Information (‚ÄúPersonal Information‚Äù). Personal Information that we collect may vary with each separate purpose for which it is provided, and it may include one or more of the following categories: name, physical address, an email address, and persistent identifiers such as cookies, IP addresses and mobile device IDs.
Non-Personal Information. We reserve the right to collect anonymous information as you browse and use the services of this site, such as your browser type, your computer‚Äôs operating system and IP addresses, your mobile device or tablet ID, and the dates and times that you may access this site and specific pages ("Non-Personal Information‚Äù). Non-Personal Information is anonymous when collected.
Personal Information. We collect Personal Information at the time it‚Äôs provided in response to requests or prompts from us. For example, we collect Personal Information through sign-up forms and as part of your registration for an account, product, or service from this website. Personal Information that we collect may vary with the each sign-up or registration.
Use and Disclosure of Personal Information. We will use and disclose your Personal Information only for the purpose for which is was given, except as provided in the SPECIAL EXCEPTIONS described below. We follow additional policies as described in SPECIAL PROVISIONS FOR CHILDREN UNDER 13 below.
Use and Disclosure of Non-Personal Information. We reserve the right to use and disclose anonymous Non-Personal Information without limitation, except as may be provided in the SPECIAL PROVISIONS FOR CHILDREN UNDER 13 and SPECIAL EXCEPTIONS described below.
SPECIAL PROVISIONS FOR CHILDREN UNDER 13
The Personal Information we collect from children under 13 is intended to comply with the Children‚Äôs Online Privacy Protection Act (COPPA), which is a United States statute enacted for the purpose of protecting the privacy and data security of children under age 13.
We will always obtain parental consent before requesting or prompting for Personal Information, unless the request or prompt is permissible as an exception expressly permitted by COPPA. We will disclose how we will use the information, and we will use it only for that purpose, except for the SPECIAL EXCEPTIONS described below.
We reserve the right to use Personal Information including persistent identifiers (such as IP addresses and mobile device or tablet IDs), some of which may be collected through third party analytics services. Our use of this information will be limited solely to providing support for the internal operations of this site, which may include maintaining or analyzing the functioning of this site and its services, performing network communications, authenticating users or personalizing content for this site or its services, serving contextual ads or capping the frequency of ads, protecting the security or integrity of the user, site or service, ensuring legal or regulatory compliance, and fulfilling requests of children as authorized by COPPA.
We will not engage in behavioral advertising, meaning that advertisements will not be targeted based on browsing history on this site or activities on other sites or apps.
We reserve the right to engage in contextual advertising which will be based solely on the context of this website, and not on browsing history.
We do not make Personal Information we collect from children publically available, nor do we enable children to do so.
We will not condition a child‚Äôs participation in any of this site‚Äôs services on the disclosure than more Personal Information than is reasonably necessary for the specific service or activity.
We will retain Personal Information we collect from children for only as long as is necessary to fulfill the purpose for which it was collected, and we will delete such information using reasonable measures to protect against its unauthorized access or use.
Parents may contact us (at cr-at-www.ashleysagetaylorarmstrong.com and www.starlightandsunny.com) to review, update or delete any of their children's Personal Information and to notify us not to collect any additional Personal Information from their children.
Legal Process, Enforcement and Security Notice. We reserve the right to disclose your Personal Information and Non-Personal Information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), (ii) to detect, prevent, and address fraud or other illegal activity, and (iii) to investigate, respond to, or enforce violations of our rights or the security of this site. If we believe that the security of your Personal Information may have been compromised, we may notify you of the relevant facts as promptly as possible under the circumstances, and if you have provided us your email address, we may notify you by email. You consent to our use of your email address for this purpose.
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your Personal Information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.
When you transmit Personal Information through our registration process or if you purchase products or services, we encrypt that information in transit using secure socket layer technology (SSL).
After the secure transfer of your Personal Information, the information is maintained and stored with 128-bit encryption.
ONWARD TRANSFER OUTSIDE YOUR COUNTRY OF RESIDENCE
Any Personal Information which we may collect on this site will be stored and processed in our servers located only in the United States. By using this site, if you reside outside the United States, you consent to the transfer of Personal Information outside your country of residence to the United States.
Any Personal Information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. By using this site, you consent to any such transfer of Personal Information outside your country of residence to any such location.
UPDATING PERSONAL INFORMATION
Upon request, we will permit you to request or make changes or updates to your Personal Information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your Personal Information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
LINKS TO OTHER SITES
This site may contain links to other websites with whom we have a business relationship. These links may include online advertisements that we deem to be appropriate. If you do click on any of the links to their websites or accept any of their promotional offers, your click-through information and any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
Vancouver, _B.C CAnada__, V6J 5C5
Material Modifications Since June 9, 2013: none.