caring about your privacy

Photo: Sacramento, California

TERMS OF SERVICE AND PRIVACY POLICY

Introduction

The following terms and conditions govern all use of the Skorched.com website and all content, services, and products available through the website, including, but not limited to, the client area (collectively referred to as the “Site”).

The Site is owned and operated by Skorched (collectively referred to as the “Operator”). The Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies including, without limitation, the Operator’s privacy policy and procedures that may be published from time to time on this Site by the Operator (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Site. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services. The Site is available only to individuals who are at least 13 years old.
Account Security

You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify the Operator of any unauthorized uses of your account or any other breaches of security. The Operator will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

User Content

If you leave comments anywhere on the Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:

• Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
• You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
• The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content
• The Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)

• The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party

By submitting Content to the Operator for inclusion on our Site, you grant the Operator a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.

Without limiting any of those representations or warranties, the Operator has the right (though not the obligation) to, in the Operator’s sole discretion (i) refuse or remove any content that, in the Operator’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in the Operator’s sole discretion. The Operator will have no obligation to provide a refund of any amounts previously paid under these circumstances.

Privacy Policy

Information We Collect

We may collect personally identifiable information from you in a variety of ways, including through online forms for ordering products and services, and other instances where you are invited to volunteer such information, including, but not limited to, when you register on our site, place an order or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.

How We Use Your Information
Any of the information we collect from you may be used to:

• Personalize your experience
• Improve our website
• Improve customer service
• Process transactions
• Send periodic emails
The email address you provide for order processing will only be used to send you information and updates pertaining to your order. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc. If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Data Retention

We retain personal information only for as long as necessary to fulfill the purposes for which it was collected and to comply with applicable laws. Generally, we will retain your personal information for a period of 3 years after your last interaction with us, unless a longer retention period is required by law or for legitimate business purposes.

Data Security

We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
Data Breach Notification

In the event of a data breach that compromises your personal information, we will notify you and relevant authorities without undue delay, and no later than 72 hours after becoming aware of the breach, where feasible. The notification will include information about the nature of the breach, the information affected, and steps we are taking to address the situation.

Information Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information, except to provide products or services you’ve requested. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-Party Service Providers

We may use third-party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys.

These third parties include:

• Payment processors
• Email service providers
• Analytics providers
• Customer support services
• Hosting providers
We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Cookies and Tracking Technologies

We use cookies and similar tracking technologies to track the activity on our Site and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier.

Types of cookies we use:

• Essential cookies: Necessary for the operation of our site
• Analytical/performance cookies: Allow us to recognize and count visitors
• Functionality cookies: Used to recognize you when you return to our site
• Targeting cookies: Record your visit to our site, pages visited, and links followed
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Your Privacy Rights
For California Residents (CCPA/CPRA)

Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), California residents have the following rights:

• Right to know what personal information is collected, used, shared, or sold
• Right to delete personal information held by businesses
• Right to opt-out of the sale of personal information
• Right to non-discrimination for exercising their CCPA rights
• Right to correct inaccurate personal information
• Right to limit use and disclosure of sensitive personal information
To exercise these rights, please contact us using the information provided in the “Contacting Us” section.
For European Residents (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights under the General Data Protection Regulation (GDPR). These rights include:

• Right to access your personal data
• Right to rectification of inaccurate personal data
• Right to erasure of your personal data
• Right to restriction of processing of your personal data
• Right to data portability
• Right to object to processing of your personal data
• Right to withdraw consent
For any GDPR-related requests, please contact us using the information provided in the “Contacting Us” section.
Accessing, Correcting, and Deleting Your Information

You can request access to, correction of, or deletion of your personal information by contacting us using the information provided in the “Contacting Us” section. We will respond to your request within 30 days.

Children’s Privacy

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Site. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us.

For users between the ages of 13 and 16, we comply with applicable laws requiring parental consent for the collection, use, or disclosure of personal information.
Payments and Refunds

The Site offers products and services for sale. The Site does not handle payments for these products directly but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor.

Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however, we make no guarantees of timeliness or immediacy.

Free accounts are provided with limited access to the Site that allows the user to test all available services prior to making a payment and determine if the offered services meet users’ needs.

Refund Policy

You may request a refund within 7 days of the payment by contacting our customer support team. To qualify for a refund:

• The request must be made within the 7-day period
• You must provide a reason for the refund request
• The product or service must not have been used extensively

Refunds will be processed through the original payment method, typically within 5-10 business days. Processing fees may be deducted from the refund amount where permitted by law.

Responsibility of Website Visitors

By operating the Site, the Operator does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content.

Prohibited Activities

When using the Site, you agree not to:

• Violate any applicable laws or regulations
• Impersonate any person or entity
• Engage in any activity that interferes with or disrupts the Site
• Attempt to gain unauthorized access to the Site or its related systems
• Use the Site to transmit any malware or other malicious code
• Harvest or collect user information without consent
• Use automated means to access or manipulate the Site
The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Operator disclaims any responsibility for any harm resulting from the use by visitors of the Site.
Copyright Infringement and DMCA Policy

As the Operator asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify the Operator in accordance with common DMCA policies.

To file a notice of infringement, please provide the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity
4. Your contact information, including address, telephone number, and email
5. A statement that you have a good faith belief that use of the material is not authorized
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

The Operator will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of the Operator or others, the Operator may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, the Operator will have no obligation to provide a refund of any amounts previously paid to the Operator. You further agree not to change or delete any proprietary notices from materials downloaded from the site. You must retain our copyright notice in the policy you create unless you have purchased a premium policy in which case you may remove our copyright notice from your generated policy.

Third-Party Links

Our site may contain links to third-party sites. These third-party sites have separate and independent terms of service and privacy policies. We, therefore, have no responsibility or liability for the content and activities of these linked sites.

Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Intellectual Property

This Agreement does not transfer from the Operator to you any of the Operator’s or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Operator. The Operator logo and all other trademarks, service marks, graphics and logos used in connection with the Operator, or the Site are trademarks or registered trademarks of the Operator or the Operator’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any the Operator or third-party trademarks.

Changes to the Agreement

The Operator reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.

When we make material changes to this Agreement, we will notify you through:

• A prominent notice on our website
• An email to the address associated with your account (for registered users)
• A notification when you next log in to the Site

The Operator may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

The Operator may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site.

Notwithstanding the foregoing, if you have a client account, such account can only be terminated by the Operator if you materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from the Operator’s notice to you thereof; provided that, the Operator can terminate the Site immediately as part of a general shut down of our service.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Site is provided “as is”. The Operator and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Operator nor its suppliers and licensors make any warranty that the Site will be error-free or that access thereto will be continuous or uninterrupted.

You understand that it is your responsibility to ensure that the policy you create is complete, accurate, and meets yours and your company’s specific needs. We are not liable or responsible for any policies created using our services, and we give no representations or warranties, express or implied, that the policies created using our service are complete, accurate or free from errors or omissions.
General Representation and Warranty

You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless the Operator, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.

Dispute Resolution
Informal Resolution

If you have any concerns or disputes about the Site, you agree to first try to resolve the dispute informally by contacting the Operator.

Arbitration

If we are unable to resolve a dispute through informal means, any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Sacramento, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action basis; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The parties agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any disputes seeking to enforce or protect, or concerning the validity of, any of a party’s intellectual property rights; (ii) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

Force Majeure

The Operator shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, or any other force majeure event.

Miscellaneous

This Agreement constitutes the entire agreement between the Operator and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Operator, or by the posting by the Operator of a revised version.

Governing Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of California, USA, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sacramento, California.

Severability

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Operator may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changes to Our Terms and Privacy Policies

From time to time we may make adjustments to this policy. Changes will be made at our sole discretion. Site’s users are encouraged to check this policy for such changes. Your continued use of this site following changes to this policy constitutes your acceptance of the changes.

Contacting Us

Any questions about these terms of service and privacy policy should be addressed to us by:

• Phone: (916) 243-6660
• Online: Connect

For data protection inquiries, please contact our Data Protection Team at Connect.

This document was last modified on April 7, 2025