Thank you for visiting a web site owned by Energy Psychology Group, Inc. (“The Site”).
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that company or legal entity to this agreement.
Before you accept this agreement, you should note that other parties may post materials that you may find offensive. It is also possible that other parties may obtain information about you that you may consider personal and that they may seek to harass, intimidate or otherwise use such information in a manner that you may object to. Additionally, information that you post is not private and may be accessed and viewed by others.
Thus you should be extremely careful about the information you provide and you should not post information that reveals your home address, telephone number, your full name or other information that you do not want to have publicly revealed. YOU SHOULD ONLY USE A SCREEN NAME OR INITIALS AND NEVER YOUR FULL NAME AND NEVER YOUR HOME ADDRESS OR TELEPHONE NUMBER.
- The Site. The content of The Site including but not limited to the fees being charged and any other aspects of The Site can be changed at any time and any additions or changes shall be automatically deemed covered by these terms. The Site or your access to The Site can be terminated at any time by Owner. No such actions shall be deemed a breach or violation of this agreement on the part of Owner. Owner shall not be obligated to provide individual notice to you of any changes to The Site. The term “The Site” includes the entirety of The Site including but not limited to all of the content of The Site, jointly, collectively and individually.
- Your Responsibilities. You shall be exclusively responsible for anything you post, publish or otherwise put up on The Site (“Material” in this agreement, jointly, collectively and individually) and the term “Material” shall include but shall not be limited to any information including any photographs, descriptions, biographical material including but not limited to your screen name or initials as indicated above, email information, experience or other information you provide and, in addition, shall include but shall not be limited to any so-called “metadata” which shall mean any information including personally identifiable information, related to you as provided by you or as collected by The Site) and everything and all Material that you post, publish or otherwise put up or transmit or which is collected shall be subject to all of your representations, warranties, obligations and indemnities contained in this agreement. In the event that you provide information about yourself, you shall update such information from time to time to keep the said information current but subject to the ADVISORY above. You are responsible for maintaining the confidentiality of any user identification, password and account provided to you as part of your use of The Site and you are fully responsible for all activities that occur under your user identification, password or account. You shall not allow any other parties to use your account. Owner reserves the right but has no obligation to reject any Material brought to Owner’s attention but Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any Material. You agree that you will not post on The Site or otherwise publish, transmit, republish or retransmit to others including but not limited to via providing links to any of the following:
(a) any Material that may violate the rights of any other party including but not limited to any rights of privacy, rights against libel and slander including but not limited to both personal and trade libel or slander, rights of contract, copyright, trademark, trade dress, patent or any other rights or any Material that is obscene, offensive, racist, sexually explicit, harassing or which violates the laws of any state, country, province or any other governmental entity anywhere in the world and you agree that you shall be solely responsible for obtaining any permissions to use any materials including materials from other sites in your Material;
(b) any Material, including but not limited to any Material contained in your profile, that includes any other party’s telephone number, home address, URL’s or other web site designations, email address, anatomical or sexual references, or sexually suggestive language;
(c) any photographs, graphics or the like in any format containing nudity or personal information;
(d) any Material that is encrypted;
(e) any Material that is advertising or involves commercial or other solicitation of any nature, whether for you or any other party and whether or not considered to be “spam” or junk email and whether or not mailed individually or as part of a mass mailing;
(f) any Material that may be deemed to be or is a chain letter or the like;
(g) any Material that contains or delivers any form of viruses, trojan horses, or any other form of malicious or harmful program.
Additionally, you understand that everyone who posts any material to The Site including but not limited to advertisers who advertise on The Site may own rights to that material or such advertisements and other matters and you agree that you shall not copy, transmit, repost or otherwise use any such material or such advertisements and other matters anywhere without the express, prior and written permission of the owner of that material or such advertisements and other matters.
No software from The Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Burma, Cuba, Iran, North Korea, Sudan, or Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You further agree that you shall not:
- interrupt or disrupt or attempt to interrupt or disrupt The Site in any way or prevent or impede any other party’s access to The Site;
- provide false or misleading information about yourself or others except that you may use a screen name or other name for purposes of privacy;
- modify or change or attempt to modify or change any aspect of The Site;
- stalk, harass, or otherwise bother any other party; and
- collect or store email addresses or other information about other users.
You agree that your correspondence or business dealings with, or participation in promotions of advertisers or others including but not limited to any practitioners found on or through The Site, including credit card processors and others and including issues related to payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or others. You agree to abide by all of the terms and conditions related to your correspondence or business dealings with such other parties.
You agree that Owner shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, practitioners or others on The Site. Advertisers, practitioners and others are not employees, joint venturers, partners or agents of Owner and are not otherwise affiliated with or related to Owner and are all independent contractors in regard to Owner. Advertisers, practitioners and others have no authority to bind or obligate Owner in any manner whatsoever. Owner does not screen or investigate the Material or the information posted by you and Owner does not screen or investigate any of the advertisers, practitioners or others in any manner whatsoever.
Owner may act in accordance with direction from law enforcement officials or pursuant to court orders. Any claims from copyright holders and responses thereto shall be governed by the provisions of the Digital Millennium Copyright Act of 1998 as may be amended.
Owner’s Rights. Owner shall be and remain the sole and exclusive owner of all rights in and to the Material including but not limited to all rights of contract, copyright, trademark, trade dress and all other rights in all media, formats, languages and other forms of expression. The only right that you retain are the non-exclusive right to use the Material on a web site owned by you. All of the provisions contained at http://www.eftuniverse.com/index.php?option=com_content&view=article&id=2529&Itemid=31 are hereby incorporated herein. Owner reserves the right and by entering into this agreement you agree to allow Owner to access all Material and other information you post on The Site as well as the right to monitor any and all activities on The Site including the right to remove any Material that Owner deems in violation of this agreement or otherwise as set forth in this agreement, but Owner shall not have the obligation to do so and Owner shall not, as a regular matter, review, edit, censor or otherwise maintain any supervisory role with regard to any such activities or such Material.
You also agree that Owner may preserve Material and information about you and may disclose Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the terms of this agreement;
(c) respond to claims that any Material violates the rights of other parties; or
(d) protect the rights, property, or personal safety of Owner, The Site, the users of The Site and the public.
Owner is the sole and exclusive proprietor of all of Owner’s contract rights, copyrights, trademarks, trade dress, patent and other rights in and to The Site and all content on The Site and you shall have no rights of any sort in and to such rights and you shall not use any of such rights. Even though the Material may be combined as part of The Site or otherwise, you and Owner shall not be deemed to be joint authors of The Site and it is not your intention or Owner’s intention to be joint authors, as that term is defined in the United States copyright act. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Site.
You hereby give and grant to Owner, and Owner’s heirs, successors, assigns and licensees, the exclusive right to use, copy, display, post, repost, distribute, make compilations, data bases, derivative and other versions of the Material including but not limited to incorporating the Material into other works and the within grant shall be a grant to Owner and Owner’s heirs, successors, assigns and licensees both during the term of this agreement and after this agreement terminates for any reason and in perpetuity and may not be revoked by you for any reason.
You further acknowledge that Owner may establish general practices and limits concerning use of The Site, including but not limited to the maximum number of days that email messages, message board postings or other uploaded Material will be retained, the maximum number of email messages that may be sent from or received by you, the maximum size of any email message that may be sent from or received by you, the maximum disk space that will be allotted on Owner’s servers on your behalf, and the maximum number of times and the maximum duration for which you may access The Site in a given period of time.
You agree that Owner has no responsibility or liability for the deletion or failure to store any messages and other communications or other Material. You acknowledge that Owner reserves the right to delete accounts that are inactive for an extended period of time.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of any other state you waive any similar laws that prevent a full and complete release.
- Interpretation of this Agreement. It is the intention of Owner in this agreement and with regard to The Site to make certain that Owner is not deemed to be a publisher, speaker or distributor of any Material and not responsible in any manner for the conduct of you or any other member or otherwise. As such, this agreement and The Site shall be construed to make Owner not liable in any manner for any Material, such conduct or otherwise and to make Owner’s actions consistent and compliant with all laws, anywhere in the world, whether now in existence or hereafter enacted.
- Your Promises. In addition to all your other promises, representations and warranties and obligations contained in this agreement, you represent and warrant: that you are over the age of 18 (or the legal age of majority where you reside, whichever is older); that you are legally able to enter into a binding agreement by accepting the within document without it being on paper; that you are not a resident of any country that the United States prohibits communications with including but not limited to Burma, Cuba, Iran, North Korea, Sudan, or Syria; that neither the Material nor entering into this agreement by you will impair or violate any rights of any party and that all of the Material complies and will comply with all applicable laws, statutes, regulations of any governmental or other body exercising jurisdiction over this agreement, The Site or otherwise anywhere in the world; that the Material is original with you; that all information contained in the Material is completely truthful, honest and not misleading in any way; and that you shall be solely responsible for full compliance under all state and federal laws, statutes, regulations and similar enactments anywhere in the world regulating this agreement, The Site or otherwise. You further represent and warrant that you shall not seek to hold Owner, or any of Owner’s shareholders, officers, directors, employees, agents, members, attorneys or others liable in any manner for anything that may result from your or another person’s use of The Site. These promises, representations and warranties shall survive the termination of this agreement.
- Your Indemnities. You shall defend and save and hold harmless Owner, Owner’s affiliated and related corporations and other related business entities, their or Owner’s respective heirs, successors and assigns and their or Owner’s licensees, partners, employees, agents, attorneys, shareholders, officers, directors and members against any and all claims, demands, costs, awards, damages and the like, including attorneys fees, that may arise from a breach or claimed breach of any of your warranties, representations, promises or obligations under this agreement, whether or not a breach of those warranties, representations, promises or obligations is finally sustained and whether or not any litigation or claim is filed, or for any other cause of action or claims by any parties including but not limited to any governmental body whether or not any litigation or claim is filed or sustained. These indemnities shall survive the termination of this agreement.
Readers and users of the information contained on this web site and related materials including but not limited to in any advertising, testimonials, practitioner information or other materials (as used in this paragraph 7 inclusive, the foregoing shall be referred to as “The Information” herein, jointly, collectively and individually and the term “The Information” shall include but shall not be limited to any products mentioned in The Information) are strongly cautioned and advised to consult with a physician, psychologist, psychiatrist or other licensed health care professional before utilizing any of The Information. This web site is not sponsored or endorsed by Gary Craig, the retired founder of EFT, and he assumes no responsibility or liability for The Information (as defined below) contained on this web site. Gary Craig has not appointed EFTuniverse.com or any other person or organization as his heir apparent or designated successor.
The Information changes rapidly and is subject to many differing interpretations. The Information is not intended to be used as and is not medical or psychological or other advice and is not any recommendation for any particular treatment or program and such advice and recommendation should only come from the reader’s or user’s own physician, psychologist, psychiatrist or other licensed health care professional. All readers and users of The Information should consult their own physician, psychologist, psychiatrist or other licensed health care professional prior to using any of The Information.
The owner of this web site and any of the owner’s successors, assigns, licensees, employees, officers, directors, attorneys, agents and other parties related to that owner and any contributors to this web site and any other party do not make any representations, warranties or guarantees that any of The Information will produce any particular medical, psychological, physical or emotional result. The owner of this web site and any of the owner’s successors, assigns, licensees, employees, officers, directors, attorneys, agents and other parties related to that owner and any contributors to this web site and any other party are not engaged in the rendering of medical, psychological or other advice as a result of making The Information available.
The Information reported as results achieved by particular individuals should not be considered as typical and the reader or user should not believe that the reader or user might achieve the same results. Each instance varies. There are many factors at work that may affect the reader’s or user’s situation. All of The Information must be adapted to fit the reader’s and user’s specific situation after consulting with the reader’s and user’s own physician, psychologist, psychiatrist or other licensed health care professional. Using this web site or The Information do not constitute a professional relationship or professional advice or services.
The Information is based on information from sources believed to be accurate and reliable and every reasonable effort has been made to make The Information as complete and accurate as possible but such completeness and accuracy cannot be guaranteed and is not guaranteed. The reader and user should use The Information as a general guide and not as the ultimate source of information. The Information is not intended to include every possible bit of information regarding The Information but rather to complement and supplement information otherwise available and the reader and user should use The Information accordingly.
The Information has not undergone evaluation and testing by the United States Food and Drug Administration or similar agency of any other country and are not intended to diagnose, treat, prevent, mitigate or cure any disease. Risks that might be determined by such testing are unknown.
The opinions expressed in The Information are not necessarily the views of the owner of this web site and any of the owner’s successors, assigns, licensees, employees, officers, directors, attorneys, agents and other parties related to that owner or any contributors to this web site and any other party. The Information is not intended to diagnose, and is not prescribed for, any medical, psychological or other conditions and The Information does not claim to diagnose, treat, prevent, mitigate or cure such conditions. The owner of this web site and any of the owner’s successors, assigns, licensees, employees, officers, directors, attorneys, agents and other parties related to that owner and any contributors to this web site and any other party do not provide diagnosis, care, treatment or rehabilitation of individuals as a result of providing The Information.
If the reader or user purchases any services or products as a result of The Information, the reader or user acknowledges that the reader or user has done so with informed consent.
All product names, brand names and the like mentioned, depicted or used in The Information are either trade names, service marks, trademarks or registered trademarks or copyrights (whether registered or not) of and owned by the respective owners. Any uses in The Information of such trade names, service marks, trademarks or registered trademarks or copyrights (whether registered or not) are for identification purposes only and there is absolutely no intention on the part of The Information or the owner of this web site and any of the owner’s successors, assigns, licensees, employees, officers, directors, attorneys, agents and other parties related to that owner or any contributors to this web site or any other party thereof to disparage, interfere with or infringe upon any such trade names, service marks, trademarks or registered trademarks or copyrights (whether registered or not).
The use of such trade names, service marks, trademarks or registered trademarks or copyrights (whether registered or not) in The Information is not intended to affect the validity of any of such trade names, service marks, trademarks or registered trademarks or copyrights (whether registered or not). The Information is not sponsored or endorsed in any manner by the owners of any such trade names, service marks, trademarks or registered trademarks or copyrights (whether registered or not).
THE INFORMATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER WARRANTIES AS TO USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE OWNER OF THIS WEB SITE AND ANY OF THE OWNER’S SUCCESSORS, ASSIGNS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS AND OTHER PARTIES RELATED TO THAT OWNER AND ANY CONTRIBUTORS TO THIS WEB SITE AND ANY OTHER PARTY EXPRESSLY DISCLAIM ANY LIABILITY FOR AND SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE FROM ANY USE OF THE INFORMATION OR ANY PART OF THE INFORMATION AND SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT COMPENSATORY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR COSTS OF ANY KIND OR CHARACTER.
THE OWNER OF THIS WEB SITE AND ANY OF THE OWNER’S SUCCESSORS, ASSIGNS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS AND OTHER PARTIES RELATED TO THAT OWNER AND ANY CONTRIBUTORS TO THIS WEB SITE AND ANY OTHER PARTY SHALL NOT BE RESPONSIBLE FOR ANY ACTS OR OMISSIONS BY ANY PARTY INCLUDING BUT NOT LIMITED TO ANY PARTY MENTIONED OR INCLUDED IN THE INFORMATION OR OTHERWISE OR ANY PRACTITIONERS WHETHER CERTIFIED BY OWNER OR ANY OTHER PARTY OR NOT CERTIFIED.
THE OWNER OF THIS WEB SITE AND ANY OF THE OWNER’S SUCCESSORS, ASSIGNS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS AND OTHER PARTIES RELATED TO THAT OWNER AND ANY CONTRIBUTORS TO THIS WEB SITE AND ANY OTHER PARTY DO NOT ENDORSE OR SUPPORT ANY MATERIAL OR INFORMATION FROM ANY PARTY MENTIONED OR INCLUDED ON THE WEB SITE INCLUDING UNDER THE PRACTITIONER’S LISTINGS, BOOKS, ONLINE COURSES, WORKSHOPS, TRAININGS, EDUCATIONAL MATERIALS IN ANY MEDIA, IN THE INFORMATION OR OTHERWISE.
THE OWNER OF THIS WEB SITE AND ANY OF THE OWNER’S SUCCESSORS, ASSIGNS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS AND OTHER PARTIES RELATED TO THAT OWNER AND ANY CONTRIBUTORS TO THIS WEB SITE AND ANY OTHER PARTY WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS IN EXCESS OF THE COSTS OF ACCESSING THIS WEB SITE EVEN IF THE OWNER OF THIS WEB SITE AND ANY OF THE OWNER’S SUCCESSORS, ASSIGNS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS, AGENTS AND OTHER PARTIES RELATED TO THAT OWNER AND ANY CONTRIBUTORS TO THIS WEB SITE AND ANY OTHER PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
THE WITHIN LIMITATION OF WARRANTIES MAY BE LIMITED BY THE LAWS OF CERTAIN STATES OR OTHER JURISDICTIONS AND SO SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO THE READER OR USER AND THE READER OR USER MAY HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
IF THE READER OR USER DOES NOT AGREE WITH ANY OF THE TERMS OF THE FOREGOING, THE READER OR USER SHOULD *NOT* USE THE INFORMATION OR REMAIN ON THIS WEB SITE. IF THE READER OR USER REMAINS ON THIS WEB SITE, THE READER OR USER WILL BE DEEMED TO HAVE ACCEPTED THE PROVISIONS OF THIS DISCLAIMER.
- Parental Control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. The names of some of those providers or the information that will enable you to access that information about such providers can be found at http://search.yahoo.com/search?p=parental+controls&fr=FP-tab-web-t&toggle=1&ei=UTF-8 Owner shall not be responsible in any manner as to any aspect of any such parental control protections or otherwise.
- Claims. Any claims by you or any party claiming any rights from you must be commenced within one (1) year from when a cause of action accrues.
- Miscellaneous. The Site is provided by Owner, who is located at 3340 Fulton Rd, # 442, Fulton, California 94539, email support(at)eftuniverse.com and the name of Owner’s agent is Dawson Church located at 3340 Fulton Rd, # 442, Fulton, California 94539. If you have any complaints about The Site, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner’s Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254. This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement. This agreement may be executed in electronic form via fax or email or otherwise and you acknowledge that your electronic signature is valid. Fax and email and other digital signatures shall be valid as originals. This agreement shall bind and benefit each of your and Owner’s respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner’s exercise of any other rights or remedies available to Owner. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Sonoma County, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court and you expressly waive the right to a jury trial. In any action under this agreement, the prevailing party shall be entitled to attorneys’ fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
Your privacy is critically important to us. At The Site, we have a few fundamental principles:
We are thoughtful about the personal information we ask you to provide and the personal information that we collect about you through the operation of our services.
We store personal information for only as long as we have a reason to keep it.
We aim to make it as simple as possible for you to control what information on your website is shared publicly (or kept private), indexed by search engines, and permanently deleted.
We help protect you from overreaching government demands for your personal information.
We aim for full transparency on how we gather, use, and share your personal information.
Below we explain how we collect, use, and share information about you, along with the choices that you have with respect to that information.
INFORMATION WE COLLECT
We only collect information about you if we have a reason to do so–for example, to provide our services, to communicate with you, or to make our services better.
We collect information in three ways: if and when you provide information to us, automatically through operating our Services, and from outside sources. Let’s go over the information that we collect.
INFORMATION YOU PROVIDE TO US
It’s probably no surprise that we collect information that you provide to us. The amount and type of information depends on the context and how we use the information. Here are some examples:
Basic Account Information: We ask for basic information from you in order to set up your account. For example, we require individuals who sign up for an EFT Universe account to provide a name, username and email address.
Transaction and Billing Information: If you buy something from us – for instance an online course or a live training –you will provide additional personal and payment information that is required to process the transaction and your payment, such as your name, credit card information, and contact information.
Other Kinds of Information: Owner collects certain information in various ways from The Site and from communications you may have with Owner and uses that information in various ways. If you subscribe to our newsletter or if you participate in our Get Started Package or if you participate in our discussion groups, blogs or other forms of interactivity, among the information that Owner may collect are real names, real addresses including the city, state and zip code in which you reside, email addresses, telephone numbers, information about your Internet connection or other information including but not limited to any metadata including personally identifiable and other information. Whether or not you subscribe to our newsletter or participate in our Get Started Package or participate in discussion groups, blogs or other forms of interactivity, Owner may also collect statistics about members, traffic patterns and related information as well as information gathered from the use of “cookie” or other technologies, whether from advertisements on The Site or otherwise, and all other such information. All of the foregoing shall be referred to herein as “The Information.” Owner shall be entitled to use all The Information for purposes of operating The Web Site but Owner shall not intentionally sell, lease or otherwise provide to others The Information except that any credit card information shall be provided to credit card processors for the limited purposes of collecting payments, communicating with credit card companies, Pay Pal or similar services but Owner will not be liable for any inadvertent use or disclosure by Owner or use by any other parties of The Information. You agree that Owner may use and provide to other parties The Information as indicated herein. If you do not agree with the provisions of this paragraph, you should not provide any information to Owner.
Affiliate Information: Through Owner and The Site you may be introduced to a variety of other party vendors and sites including but not limited to vendors of goods and services, providers of other information and other such parties, called "affiliates."
If You Create an Affiliate Account: If you offer our ecommerce services to sell our products or services to others through our site, you have the option to create an affiliate account or log into an existing account. As an affiliate, you will typically provide us with information about your financial account for commission payments, such as the email address for your PayPal account and your TaxID/SSN for accounting purposes.
Content and Communications With Us: Depending on the services you use, you may also provide us with information about you through feedback surveys, testimonials, photos, videos, emails and/or written letters. For example, you may write to us for clarity on a question regarding your education, we will have that information, and so will anyone with access to the Internet if you choose to post the feedback on our website or community forums such as Facebook.
INFORMATION WE COLLECT AUTOMATICALLY
We also collect some information automatically:
Log Information: Like most online service providers, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when you use The Site. We do this for marketing and security reasons. We do not track or store the full IP Address, only the first six digits to track originating country/region, nor do we correlate or store specific IP addresses to a user account or with any unique identifier that will be correlate with a specific user in our system unless you have purchased one of our products or services.
Usage Information: We collect information about your usage of our services. For example, we collect information about the actions that users perform on The Site, who did what, when and to what thing on a site (e.g., user logged in [time/date]). As another example, The Site tracks information like the last time you entered a course, where you are at in completing the course, and assignments completed or in progress. We also collect information about what happens when you use The Site (e.g., page views, length of time on pages, support document searches). We use this information to provide our services to you, as well as get insights on how people use our services, so we can make our services better.
Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit The Site from certain geographic regions.
Stored Information: We may access information stored on your mobile device via our mobile app. We access this stored information through your device operating system’s permissions. For example, if you give us permission to access a file on your mobile device, our Services may access the files stored on your device.
HOW AND WHY WE USE INFORMATION
Purposes for Using Information
We use information about you as mentioned above and for the purposes listed below:
To provide our Services–for example, to offer products and courses, provide access to our online services, or charge you for any of our paid products or services;
To further develop and improve our products and services–for example by adding new features that we think our users will enjoy or will help them to create and manage their websites more efficiently;
To monitor and analyze trends and better understand how users interact with our products and services, which helps us make them easier to use;
To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition–for example, we may analyze how many individuals purchased a product after receiving a marketing message or the courses that have the highest usage history over a certain length of time;
To monitor and prevent any problems with our products and services, protect their security, detect and prevent fraudulent transactions and other illegal activities, fight spam, and protect our rights and property, which may result in us declining a transaction or the use of our products and services;
To communicate with you, for example through an email, about offers and promotions offered by The Site and others we think will be of interest to you, solicit your feedback, or keep you up to date on our products and services; and
To personalize your experience using our products and services, provide content recommendations (for example, through our course feedback surveys), target our marketing messages to groups of our users (for example, those who have taken a particular course with us or have been our user for a certain length of time), and serve relevant advertisements.
Legal Bases for Collecting and Using Information
A note here for those in the European Union about our legal grounds for processing information about you under EU data protection laws, which is that our use of your information is based on the grounds that:
- The use is necessary in order to fulfill our commitments to you under our Terms of Service or other agreements with you or is necessary to administer your account–for example, in order to enable access to The Site on your device or charge you for a paid plan; or
- The use is necessary for compliance with a legal obligation; or
- The use is necessary in order to protect your vital interests or those of another person; or
- We have a legitimate interest in using your information–for example, to provide and update our products and services, to improve them so that we can offer you an even better user experience, to safeguard them, to communicate with you, to measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition, to monitor and prevent any problems with our products and services, and to personalize your experience; or
How We Share Information
We do not sell our users’ private personal information.
We share information about you in the limited circumstances spelled out below and with appropriate safeguards on your privacy:
Third Party Vendors: We may share information about you with third party vendors who need to know information about you in order to provide their services to us, or to provide their services to you or your site. This group includes vendors that help us provide our products and services to you (like payment providers that process your credit and debit card information, fraud prevention services that allow us to analyze fraudulent payment transactions, postal and email delivery services that help us stay in touch with you, customer chat and email support services that help us communicate with you, those that assist us with our marketing efforts (e.g. by providing tools for identifying a specific marketing target group or improving our marketing campaigns), those that help us understand and enhance our products and services (like analytics providers), and companies that make products available on The Site, who may need information about you in order to, for example, provide technical or other support services to you. We require vendors to agree to privacy commitments in order to share information with them. Our vendors and your personal data we store with them are listed here.
Legal Requests: We may disclose information about you in response to a subpoena, court order, or other governmental request. Before revealing any of this information to a party that is not the owner of the account, we require a validly issued subpoena, warrant, or court order that specifically requests it unless we have a good faith belief that there is an emergency involving death or serious physical injury. We do not voluntarily provide governments with access to data about users (private or public) for law enforcement, intelligence gathering, or other surveillance purposes. More information on our requirements for releasing private user information can be found below.
To Protect Rights, Property, and Others: We may disclose information about you when we believe in good faith that disclosure is reasonably necessary to protect the property or rights of The Site, third parties, or the public at large. For example, if we have a good faith belief that there is an imminent danger of death or serious physical injury, we may disclose information related to the emergency without delay.
With Your Consent: We may share and disclose information with your consent or at your direction. For example, we may share your information with third parties such as a hotel when you are registering for an event and we coordinate accommodations.
Aggregated or De-Identified Information: We may share information that has been aggregated or reasonably de-identified, so that the information could not reasonably be used to identify you. For instance, we may publish aggregate statistics about the use of our products and services and we may share a hashed version of your email address to facilitate customized ad campaigns with partners.
Published Support Requests: And if you send us a request (for example, via a support email or one of our feedback mechanisms), we reserve the right to publish that request in order to help us clarify or respond to your request or to help us support other users.
INFORMATION SHARED PUBLICLY
Information that you choose to make public is–you guessed it–disclosed publicly.
That means, of course, that information like your public profile, posts, other content that you make public on our website, and your “Likes” and comments, are all available to others.
For example, a comment or post you might make on a blog or social media page, along with other profile information you may make available within your posts.
Please keep in mind that whenever you voluntarily disclose personal information online including but not limited to on The Site (for example on message boards, through email, or in chat areas), that information is publicly available and is not private and can be collected and used by Owner and by other parties and may result in unsolicited messages or other communications with you. Owner does not guarantee the security of any information you post or otherwise communicate to Owner.
Please keep all of this in mind when deciding what you would like to share.
HOW LONG WE KEEP INFORMATION
We generally discard information about you when we no longer need the information for the purposes for which we collect and use it–which are described in the section above on How and Why We Use Information–and we are not legally required to continue to keep it.
For example, we keep the web server logs that record information about a visitor to The Site, such as the visitor’s IP address, browser type, and operating system, for approximately 120 days. We retain the logs for this period of time in order to, among other things, analyze traffic to The Site and investigate issues if something goes wrong.
As another example, we will retain information up to 120 days after a live event in the event there is customer service or support question related to who attended, arrival date and departure date.
While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our products and services for potential vulnerabilities and attacks.
You have several choices available when it comes to information about you:
Limit the Information that You Provide: If you have an account with us, you can choose not to provide the optional account information, profile information, and transaction and billing information. Please keep in mind that if you do not provide this information, certain features of our products and services–for example, automatic notifications and updates–may not be accessible.
Limit Access to Information On Your Mobile Device: Your mobile device operating system should provide you with the ability to discontinue our ability to collect stored information or location information via our mobile apps. If you do so, you may not be able to use certain features (like adding a location to a photograph, for example).
Opt-Out of Electronic Communications: You may opt out of receiving promotional messages from us. Just follow the instructions in those messages. If you opt out of promotional messages, we may still send you other messages, like those about your account and legal notices.
Set Your Browser to Reject Cookies: You can usually choose to set your browser to remove or reject browser cookies before using The Site, with the drawback that certain features of The Site may not function properly without the aid of cookies.
Close Your Account: While we’d be very sad to see you go, if you no longer want to be part of our community, you can close your any and/or all of your accounts with us. Please keep in mind that we may continue to retain your information after closing your account, as described in How Long We Keep Information above–for example, when that information is reasonably needed to comply with (or demonstrate our compliance with) legal obligations such as law enforcement requests, tax obligations, or reasonably needed for our legitimate business interests.
If you are located in certain countries, including those that fall under the scope of the European General Data Protection Regulation (AKA the “GDPR”), data protection laws give you rights with respect to your personal data, subject to any exemptions provided by the law, including the rights to:
Request access to your personal data;
Request correction or deletion of your personal data;
Object to our use and processing of your personal data;
Request that we limit our use and processing of your personal data; and
Request portability of your personal data.
You can usually access, correct, or delete your personal data using your account settings and tools that we offer, but if you aren’t able to do that, or you would like to contact us about one of the other rights, contact us at support(at)eftuniverse.com.
EU citizens also have the right to make a complaint to a government supervisory authority.
How to Reach Us
Other Things You Should Know
In the case of US based entities, entering into European Commission approved standard contractual arrangements with them; or
In the case of entities based in other countries outside the EEA, entering into European Commission approved standard contractual arrangements with them.
You can ask us for more information about the steps we take to protect your personal information when transferring it from the EU.
- Data protection principles
The Company is committed to processing data in accordance with its responsibilities under the GDPR.
Article 5 of the GDPR requires that personal data shall be:
processed lawfully, fairly and in a transparent manner in relation to individuals;
collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organizational measures required by the GDPR in order to safeguard the rights and freedoms of individuals; and
processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.”
- General provisions
This policy applies to all personal data processed by the Owner.
The Responsible Person shall take responsibility for the Owner’s ongoing compliance with this policy.
This policy shall be reviewed at least annually.
The Owner shall register with the Information Commissioner’s Office as an organization that processes personal data.
- Lawful, fair and transparent processing
To ensure its processing of data is lawful, fair and transparent, the Owner shall maintain a Register of Systems.
The Register of Systems shall be reviewed at least annually.
Individuals shall have the right to ask what information the Owner holds about them and why, how to gain access to the information, be informed on how to keep it up to date, and to be informed on how the Owner is meeting its data protection obligations.
Individuals have the right to access their personal data and any such requests made to the Owner shall be dealt with in a timely manner.
The Owner at its discretion may charge individuals up to $20 USD per request and will provide all relevant data within 20 business days. The Owner will always verify the identity of anyone making a personal data request before handing over any information.
In certain circumstances, personal data may be requested to be disclosed to law enforcement agencies without the consent of the data subject. For more information regarding personal data request from law enforcement agencies, please see the Owner’s Legal Release policy.
- Lawful purposes
All data processed by the Owner must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).
The Owner shall note the appropriate lawful basis in the Register of Systems.
Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data.
Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in the Owner’s systems.
- Data security and minimization
The Owner shall ensure that all employees keep all data secure, by taking sensible precautions and following the following guidelines:
Strong passwords must be used, and they should not be shared for non-system administrative functions. In the event that a system administrative function requires a single user account and password, such as a root password on a web server, the account and password will be strictly controlled by a restricted set of administrators, no more than necessary to adequately support the business needs.
Personal data not be disclosed to unauthorized people, either within the Owner or externally.
The Owner should avoid saving personal data directly on laptops or other mobile devices like tablets or smart phones. If there is a need to transfer personal data to a laptop or mobile device for a very specific business need (e.g. exchanging hotel registration information between the event and hotel staff, providing user name tags and rooming lists etc.), the user will be notified and required to provide explicit consent to the transfer of data on their behalf, as well as the data will be immediately removed from the computing device by the event staff once the data is no longer required to support the business transactions.
All servers and computers containing data should be protected by approved security software and a firewall.
Personal data must be encrypted before being transferred electronically.
The Owner shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
The Owner will provide training to all employees to help them understand their responsibilities in handling data.
The Owner shall ensure that only people able to access data covered by this policy should be those who need it for their work.
The Owner shall ensure that data is not shared informally. When access to confidential information is required, employees will follow strict processes in validating consent from the customer.
The Owner shall take reasonable steps to ensure personal data is accurate.
Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
Data will be held in as few places as necessary. The Owner should not create unnecessary additional data sets.
The Owner should take every opportunity to ensure that data is updated. For example, by confirming a customer’s details when they call.
The Owner will make it easy for customers to update the information held about them. For instance, via the company website.
Once inaccuracies are discovered, data should be updated. For instance, if a customer can no longer be reached on the telephone number stored in the database, it should be removed.
- Archiving / removal
To ensure that personal data is kept for no longer than necessary, the Owner shall put in place an archiving policy for each area in which personal data is processed and review this process annually.
The archiving policy shall consider what data should/must be retained, for how long, and why.
The Owner shall ensure that personal data is stored securely using modern software that is kept-up-to-date.
Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorized sharing of information.
When personal data is deleted this should be done safely such that the data is irrecoverable.
Appropriate back-up and disaster recovery solutions shall be in place.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, the Owner shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).
- Data protection principles
Miscellaneous. The Site is provided by Owner, who is located at PO Box 442, Fulton, California 94539, email support(at)eftuniverse.com and the name of Owner’s agent is Dawson Church located at PO Box 442, Fulton, California 94539. If you have any complaints about The Site, you can contact Owner at the above email or other address. If you believe your copyright rights have been violated, you should notify Owner’s Designated Agent. Residents of the state of California can obtain additional information about their rights from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at (916) 445-1254.
This agreement shall be subject to and interpreted under the laws of the state of California applicable to agreements wholly to be performed therein as well as the laws of the United States, where applicable. Captions are for clarity sake only and have no substantive effect. This agreement is the complete understanding between you and Owner except that Owner may change the provisions of this agreement by posting such changes on The Site but without any individual notice to you and if you use The Site after such change is so posted, you will be deemed to have accepted such change and such change shall be retroactively made a part of this agreement.
This agreement shall bind and benefit each of your and Owner’s respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided Owner in this agreement are cumulative and the exercise by Owner of any remedy shall be without prejudice to Owner’s exercise of any other rights or remedies available to Owner.
Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Sonoma County, California and Owner shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court and you expressly waive the right to a jury trial. In any action under this agreement, the prevailing party shall be entitled to attorneys’ fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. All of the provisions of this agreement shall survive the termination of this agreement for any reason.
IF YOU DO NOT AGREE WITH AND ACCEPT ALL OF THE FOREGOING PROVISIONS, DO NOT REMAIN ON THE SITE, AND DO NOT SUBSCRIBE TO OWNER'S EMAIL LIST.
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