CBD SITE TERMS EDITED
Terms And Conditions Of Use
I understand that The Clear Directory (Clear Business Directory) is not a consumer reporting agency. I agree that I will not use the Clear Directory to determine an individual’s eligibility for credit, insurance, employment, housing, or any other purpose covered under the Fair Credit Reporting Act (FCRA).
If you have any questions regarding the meaning or application of this Agreement, please direct your questions to:
ENTER CONTACT INFO
This website does not provide personal financial advice nor any investment advice. The information on this website does not take account of the individual character of your investment objectives, financial situation or investment needs. It is your responsibility to assess whether the information contained and shared in this site is suitable for your individual investment objectives, financial situation or investment needs. You should do your own Due Diligence before making an investment decision based on the information contained in this on site. The information contained throughout this web site is not a substitute for professional advice you would receive from an accountant, attorney, or qualified tax preparer. The information provided does not constitute legal or professional advice nor is it conveyed or intended to be conveyed in the course of any adviser-client discourse, but is intended to be general information with respect to common cryptocurrency and business issues. If you enter your email address on our web site, you are also requesting and agreeing to subscribe to our free email newsletter, and you can unsubscribe anytime. Any discussion making any reference of the securities industry or any securities-related matter is entered into, if at all, for the purposes of entertainment. We recommend securing “investment advice” from an “investment adviser” registered with the appropriate regulatory agencies, as required by law, for any advice, recommendations, reports or analyses on securities, if that’s what you’re looking for.
- Who We Are and What We Do.
The Site provides a due diligence and vetting solutions to business owners. Through the Site, you are offered a membership in The Clear Business Directory, or you can purchase individual due diligence services.
Unless expressly set forth in writing, this Agreement does not supersede any separate contracts entered into between you and CBD, but merely serves to supplement those agreements and govern your use of the Site.
- Payment to CBD / No Refunds.
If your payment is skipped (for insufficient fees or otherwise), our third-party processor will automatically attempt to draft the funds a second time five days later. If your account fails to draft a second time your membership will be canceled, you will be removed from the Site and forfeit all benefits of membership.
All payments are final. No portion of any amounts paid to CBD is ever refundable unless we expressly state otherwise.
- Membership Plans And Other Services
The following services are offered for purchase through the Site:
3.1 The Clear Business Directory: When you purchase a membership plan you understand you are paying for and will receive a PDF version of the transparency report from your individual vetting. Individuals must opt-in to the directory prior to being listed on the website. By choosing to opt-in to the directory, you agree to have your transparency report listed and displayed to the public as part of your profile. By purchasing membership you understand and agree that if you choose to opt out of the directory you may keep the PDF version of the transparency report, however, no portion of payments received will be refunded. You understand that by not electing to Opt-in and submitting the form CBD will assume you have chosen not to opt-in to the directory. Prices are for individuals, please contact us for team pricing.
The cost for membership in The Clear Business Directory is $497 for the initial year then $199 annually thereafter. Membership in The Clear Business Directory automatically re-bills every twelve months at the $199 rate, until canceled. Cancellation of your membership in The Clear Business Directory requires thirty days’ written notice to the Site. No portion of your membership in The Clear Business directory will be prorated or refunded in the event of cancellation for any reason.
3.2 Annual Vetting review: Members of the CLEAR Business Directory are re-vetted on an annual basis. All members are automatically re-vetted each year after their membership renews. No new information will be vetted and only the original listing will be re-vetted. Please contact us if you wish to have new additional information vetted.
3.3 Verification of Personal Information: In order to become a member, you must complete the authorization for verification of personal information portion of the application. Vettings are only completed after a completed and signed authorization and release is signed electronically through the DocuSign Services.
3.4 Member Vetting Process. By making a purchasing Clear Business Directory Membership plan, you agree to the following: Upon purchasing a membership plan you will directed to a page with instructions. You will receive up to three emails from DocuSign with the forms required to complete the vetting process. Please fill out each form electronically and sign electronically. Fill out the forms in as much detail as possible as it will speed up the vetting process. Any form we receive that is incomplete may result in a delay of generating the transparency report Sign all forms electronically (required). Please allow 10 to 14 days for the transparency report to be returned to you.
We will return a PDF version of the transparency report for your use. You must respond to the instructions in the email in order to opt-in to the directory and be listed on the site.
3.4.1 Member Report Definitions. In each report you may come across specific sentences or terminology. The following is an explanation of what each sentence/term means in relation to the business and principal being vetted.
“No derogatory information discovered” – If you read this in a report it means there was no derogatory information discovered.
“No pertinent derogatory information discovered”– If you read this in a report, it means that there was derogatory information discovered but is not related to frauds, scams or the business.
“Information XXXX self-disclosed was verified…” – If you read this in the report then the individual vetted self-disclosed information that was personal in nature as related to the criminal background check, but not associated with frauds, scams or their specific business history or experience.
As always, we recommend you do further due diligence to ensure your own risk mitigation needs and concerns are addressed prior to engaging a specific business. For an in-depth vetting, please contact us at Clear@ClearBusinessDirectory.com
3.4.2 Marketing of Profile: By choosing to opt-in to the Clear Business Directory, you give permission for CBD to utilize your profile listing in marketing efforts on behalf of CBD. In choosing to opt-in you give CBD permission to publish your profile listing on various advertising and marketing platforms to include but not limited to: Facebook, LinkedIn, Twitter etc. If you wish to not have your profile included as part of the the Clear Directory’s marketing and advertising efforts you may send a request to Clear@ClearBusinessDirectory.com (added 7/25/2017).
3.5 Vetting Services: Service details can be found here. If you elect to purchase a vetting service or employment screening from CBD, you will be contacted by a representative to explain the details of the service. For all services purchased no refunds will be issued where a service is deemed to already be under way. If you purchased a transparent vetting and the business entity to be vetted does not provide the required information the vetting will continue based on the information provided by you at the time services were purchased.
3.6 Cancelation: Members may cancel their Clear Business Directory Membership at anytime by sending a cancelation request to firstname.lastname@example.org No refunds will be issued for any portion of the membership month or year. Upon cancelation request, membership benefits will continue until the next billing cycle, at which point your membership will no longer be billed and all benefits will be terminated.
3.7 Employment Services Provided: The Clear Business Directory utilizes the third party services of KRESS, Inc. who shall provide Consumer Reports at Subscriber’s request in connection with the hiring of job applicants (the “Applicant”) or retention of employees (the “Employee”). Consumer Reports may include such information as employment history, consumer credit reports, motor vehicle reports, education verifications, criminal and/or civil records and other background information (Consumer Report). In the case of Investigative Consumer Reports, KRESS shall also provide personal references collected and processed by KRESS through various channels of
3.7.a Advice of Legal Counsel: Subscriber acknowledges that The Clear Business Directory and KRESS do not provide legal advice and will not act as legal counsel at the behest of We advise Subscriber that it is important to work with an attorney to develop and maintain a background check and/or screening program that is in compliance with local, state and federal laws and regulations.
3.7.b Compliance and Applicable Laws: The Parties shall comply in good faith with all applicable laws in the request, preparation, transmission, dissemination and use of Consumer Reports, including, but not limited to: The Fair Credit Report Act (FCRA) and its amendments, The Drivers Privacy Protection Act (DPPA) and its state equivalent (where applicable), Title VII of the Civil Rights Act of Employment Opportunity Commission (EEOC) guidelines and regulations, and any other state or local laws or regulations as Subscriber also agrees that information provided by KRESS for the purposes described herein shall not be used in violation of any local, state or federal laws or regulations including Title VII of the Civil Rights Act of Employment Opportunity Commission (EEOC) guidelines and regulations.
Employment Screening Obligations of Subscriber:
- Disclosure to Applicant or Employee: Subscriber shall provide Applicant or Employee with a clear and conspicuous disclosure, in writing, that the Consumer Report will be obtained for employment purposes and such disclosure shall be contained in a document containing only such Subscriber shall provide Applicant or Employee such other disclosures as required by FCRA and other applicable state and local laws for the type of report requested, including all disclosures which are requesting that KRESS prepares that Consumer Report, and before taking any adverse action based in whole or in part upon any information contained in the Report.
- Written Authorization from Applicant or Employee: Subscriber shall obtain from the Applicant or Employee a written authorization to obtain and use the Report as required by FCRA and all other applicable State and/or local
- Use for Employment Purposes Only: Subscriber shall use the Consumer Report provided by KRESS for employment purposes only and shall not use the Consumer Report in violation of any Federal or State equal employment opportunity laws or regulations. Subscriber shall notify KRESS immediately of any change in purpose for which the information is used and shall not resell or provide confidential information to any third party.
- Use for Permissible Purposes: Subscriber shall be the exclusive user of the Consumer Reports and certifies that such Consumer Reports shall be used solely for the permitted purposes as prescribed by Section 604 of FCRA and all other applicable State and local laws.
- Basis for Employment Decisions and Obligations after Adverse Decisions: Subscriber shall base all employment decisions on its own policies and procedures and acknowledges and agrees that KRESS’ or ’s employees are not allowed and will not render any opinions regarding the Consumer Report. Before taking any adverse action against an Applicant or Employee based in whole or in part on any information provided in the Consumer Report provided by KRESS, per FCRA guidelines, Subscriber and/or KRESS is required to provide the Applicant or Employee with a copy of their Consumer Report. Subscriber shall inform the Applicant or Employee that neither KRESS nor The Clear Business Directory made the decision to take adverse action and cannot give specific reasons for the adverse action taken. Subscriber shall further provide a Summary of Rights under FCRA to the Applicant or Employee.
- Confidentiality and Security of Information: Subscriber acknowledges and understands its obligation to maintain the confidentiality and integrity of any information received by Subscriber. All information requested by Subscriber is for Subscriber’s exclusive use and Subscriber shall take reasonable steps to ensure that all information provided by KRESS will be held in the strictest confidence, will be kept confidential and will not be disclosed or resold to any third party not involved in the employment decision for which the information is sought.
- Protection of Access Codes: If Subscriber is issued access code(s) to be used for internet access to KRESS’ (the “Access Code”), Subscriber shall only publicize the Access Code to personnel on a need-to-know basis. Any login or password information provided to Subscriber in connection with the Access Code shall be provided only to an authorized account representative. Subscriber is obligated to provide a list of authorized representatives. Subscriber is likewise required to provide any changes to the list of authorized representatives.
- Protection of Reports: Subscriber shall securely store any hard copy of a Consumer Report and protect it against release and disclosure to unauthorized personnel or third parties. In furtherance of that obligation, Subscriber shall provide a list of authorized representatives. Subscriber is likewise required to provide any changes to the list of authorized representatives.
- Record Destruction: Subscriber shall destroy all consumer data in a confidential manner that would include burn, pulverize, or shred papers containing consumer report information, destroy or erase electronic files or media containing consumer report information so that the information cannot be read or reconstructed and/or hire a document destruction contractor to dispose of material specifically identified as consumer report information.
- Governing Law, Jurisdiction, and Venue: This Agreement shall be governed by, and construed in accordance with, the laws of the State of The Subscriber agrees and consents to the exclusive jurisdiction of the court of the County of Harris, Texas for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Harris, Texas.
- Attorney’s Fees and Costs: In the event a dispute arises with respect to this Agreement, the party prevailing in such a dispute shall be entitled to recover all expenses, including, without limitation, reasonable attorneys’ fees and expenses incurred in ascertaining such party’s rights, and in preparing to enforce, or in enforcing such party’s rights under this Agreement, whether or not it was necessary for such party to institute suit or submit the dispute to
- Waiver: The failure of either party to insist in any one or more cases upon the strict performance of any term, covenant or condition of this Agreement will not be construed as a waiver of a subsequent breach of the same or any other covenant, term or condition; nor shall any delay or omission by either party to seek a remedy for any breach of this Agreement be deemed a waiver by either party of its remedies or rights with respect to such a
- Successors: This Agreement shall inure to the benefit of and bind the heirs, personal representatives, successors and assignees of the parties.
- Affiliate Program
The Affiliate program is only available to active members of The Clear Business Directory. Affiliates may earn a 20% commission on any memberships to The Clear Business Directory. Affiliates will earn a monthly commission on every membership sold through their affiliate link so long as the membership sold remains active. CBD reserves the right to adjust the Affiliate percentage at any time without notice.
The CBD Affiliate program is managed through a third party plugin. CBD reserves the right to change the terms of the Affiliate program without notice. All sales are paid on the first of the month for the previous month’s sales. All Affiliates must set up the details of their affiliate account. A PayPal account is required for all affiliates in order to receive payments. Affiliates can create “simple” links or use pre-created text and/or image links. Upon Request CBD will create affiliate specific pages for affiliates to promote sales of memberships to The Clear Business Directory. Residual affiliate commissions are only paid on active referrals. Please note: Affiliate payments will not be made until we have received your tax information.
- Access to the Site.
This Agreement grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by CBD. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which CBD may undertake from time to time; or (iii) causes beyond the control of CBD or which are not reasonably foreseeable by CBD.
- Limited Warranty/Disclaimer of Liability.
CBD makes no representations or warranties as to the truth or accuracy of any information presented by any user of the Site. Although the Site provides guidance, it does not guarantee any result related to services offered by any user of this site.
As a consumer, you should do your own independent investigation of the statements being made on the Site, including confirming credentials, obtaining references, and research using other resources.
This Site and its contents are provided “as is” without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of the Site is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Site, and that CBD shall not be liable for any damages of any kind related to your use of the Site.
IN NO EVENT SHALL CBD, OR ANY DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF THE SITE, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- No Advice Is Given – Use At Your Own Risk
The Site provides information only, not advice. The Site is not intended to be a substitute for professional legal advice, financial advice or business advice. Always seek the advice of your attorney, accountant or other qualified service provider with any questions you may have regarding a business decision. Never disregard professional legal advice or delay in seeking it because of something you have read on the Site.
Reliance on any information appearing on the Site is solely at your own risk.
- Eligibility and Responsibility of Account.
To use portions of the Site, you must create an account with the Site. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify CBD of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is easily compromised. You are not allowed to use another customer’s account without that customer’s permission. Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorized user of that account.
To create an account on the Site, you must be at least eighteen (18) years of age. If you are under 18 years of age, you must obtain parental consent before creating an account on the Site.
By posting to the Site, you represent that you possess the capacity to enter into a binding contract and are not a person barred by any laws from using our Site, or that you have received permission from a parent or legal guardian to post to the Site. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using the Site.
We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “Last Updated” information contained herein. If a change is, in our sole discretion, material, we will notify you of the change if you are an active member of the Site. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.
We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site. We may introduce a new service and the fees for that service are effective as of the date that service becomes available on the Site.
- Site Conduct.
The Site is intended to be used for lawful purposes only. If you create an account, you may be given the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. We reserve the right, but we do not have the obligation to remove any content posted on our site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using the Site:
10.1 You may not post or transmit any material or content on or through the Site:
(a) that violates or infringes in any way upon the rights of others;
(b) that discloses private personally identifying information of another person that could lead to identity theft;
(c) that discloses health related information of another person;
(d) that discloses confidential, proprietary information or trade secrets;
(e) that solicits, encourages, or promotes the use of illegal substances or activities;
(f) which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasion of privacy or publicity rights, is fraudulent or tortious, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
(g) that is protected by the copyright, trademark, trade secret or any other proprietary rights of anyone other than you;
(h) that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
(i) that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
10.2 You may not post or transmit on or through the Site:
(a) software or other materials that contain viruses or other programs harmful or disruptive to the Site or other websites;
(b) chain letters; mass mailings; spam mail;
(c) any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
10.3 You may not:
(a) offer any services on the Site that you are not properly licensed to perform;
(b) misrepresent who you are or impersonate another person;
(c) engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
(d) harvest or collect information about Site visitors or Registered Users without their express consent;
(e) use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
(f) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any film or portion of a film on the Site or any portion of, use of, or access to the Site;
(g) create a database by systematically downloading and storing Site content;
(h) frame or mirror any part of the Site without our prior written consent;
(i) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
- User Comments, Feedback and other Submissions.
By submitting, disclosing, posting, transmitting or uploading any messages or data to the Site, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. By posting information or content to the Site, you grant, and you represent and warrant that you have the right to grant, and that you do grant to CBD an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If you do not agree to this license, do not post on the Site.
We may not be able to review all materials posted to the Site by users and we are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.
- Copyrights, Trademarks and other Intellectual Property Rights.
All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of the Site are protected by U.S. and state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on the Site is owned by us or others who have given us permission to use their protected intellectual property. The Site as a whole is also protected by copyright law and is owned by us.
The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of CBD or the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of CBD.
- Third-Party Content.
The Site may contain content supplied by parties other than CBD., Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of CBD. We make no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose.
CBD is not responsible for the actions or inactions of any users of the Site, including the actions or inactions of any service professional listed on the Site.
You agree to indemnify, defend and hold harmless CBD and its directors, officers, employees, agents and shareholders, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of the Site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.
- Governing Law and Jurisdiction.
This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Arizona to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Arizona for any such action.
- General Provisions.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. CBD shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.
- Termination / Cancellation.
CBD may terminate your use of the Site, including without limitation, your account with the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice.
- Links to Other Sites.
For your convenience, CBD may provide links on the Site to websites that are not operated by CBD, including links to websites that sell products. We do not control such web sites and are not responsible for their contents, products or operation. These links do not mean that CBD endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. We are not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk.
- No Agency/ No Third Party Beneficiary
There is no agency, partnership, joint venture, attorney-client, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.
- Digital Millennium Copyright Act Compliance Notice.
If you believe any of the content on our Site infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act.
SCBD will process notices of alleged infringement that it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to CBD’s designated agent:
ENTER LEGAL TEAM INFORMATION HERE
To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices which do not comply with the law will be disregarded.
- Categories of Personally Identifiable Information.
We may collect the following types of information from you:
(1) Contact Data which includes your name, telephone number, mailing and e-mail addresses;
(2) Online Tracking information, which is described below;
(3) Financial Data (your account or credit card number);
(4) Demographic and additional information, which you provide to us by e-mail, or by posting content or completing online forms, or surveys.
- Online Tracking.
We collect information from you when you register on our site, place an order, subscribe to a newsletter or enter information on our site.
At this time, we do not recognize or respond to a browser’s “do not track” signals or other such mechanisms.
- Uses of Information Collected.
We use Contact Data only to contact you when necessary, which may include sending you periodic emails regarding your order or other products or services. We use Financial Data to charge for our services, to the extent applicable on the Site. We use information obtained from Online Tracking technologies (including information collected by our third party service providers) for web and email analytics and for marketing and advertising purposes. We may also use your PII to personalize your user experience and allow us to deliver the type of content and product offerings in which you are most interested.
- Third Party Collection of Personally Identifiable Information
We do not currently approve third parties to collect Online Tracking information from the Site.
- Confidentiality and Security of Personal Information.
- Lost or Stolen Information.
You must promptly notify us if your user name or password is lost, stolen or used without permission. In such an event, we will cancel that account and assign you a new user name and password and update our records accordingly.
- Other Limits to Your Privacy.
The Site may contain links to other websites and may approve other websites to obtain Online Tracking information from the Site. We are not responsible for the privacy practices or the content of such websites. When you post on the Site, the information that you disclose becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your personal information.
- CAN-SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
If at any time you would like to unsubscribe from receiving future emails, you can email us at ENTER EMAIL and we will promptly remove you from ALL correspondence.