caring about your privacy
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”).
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.
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:
• 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.
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.
• Personalize your experience
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.
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.
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.
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.
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:
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.
• Essential cookies: Necessary for the operation of our site
Under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), California residents have the following rights:
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:
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.
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.
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.
You may request a refund within 7 days of the payment by contacting our customer support team. To qualify for a refund:
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.
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.
When using the Site, you agree not to:
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:
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.
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.
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:
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.
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.
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 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.
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.
If you have any concerns or disputes about the Site, you agree to first try to resolve the dispute informally by contacting the Operator.
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.
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.
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.
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.
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.
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.
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.
Any questions about these terms of service and privacy policy should be addressed to us by:
For data protection inquiries, please contact our Data Protection Team at Connect.