IMPORTANT: PLEASE READ
EarnTheNecklace.com is the publisher of the free editorial content celebrity news e-newsletters and their respective web site (herein collectively and individually the “EarnTheNecklace.com ”).
The personal information you provide us with is used for delivery of the EarnTheNecklace.com
you have opted in to receive (e.g. your name, address, and/or e-mail address). To help fund the cost of publishing EarnTheNecklace.com, aside from the editorial content you will receive in the EarnTheNecklace.com e-mails, you will also receive advertisements contained in the e-mail newsletter from EarnTheNecklace.com and third-party partners. If you want to opt out from receiving these advertisements, or from receiving our EarnTheNecklace.com e-mails, you can do so by: (1) using the opt-out link that is at the bottom of our editorial and advertisements e-mails; or (2) by contacting us at the mailing address below; or (3) by sending us an e-mail to the e-mail address below.
USE & COPYRIGHTS: Contents Copyright © 2017. You are prohibited from copying, saving, printing, selling, hyperlinking, using our URL, or reproducing, in any manner whatsoever, any of the information on EarnTheNecklace.com. You may not use our web site or information for any illegal use. All of our content is copyrighted.
CONTENT DISCLAIMER: Editorial information contained on EarnTheNecklace.com is not guaranteed as accurate. We make no warranty as to the suitability of content. Persons under the age of 18 are denied access to our web site and services. Any information from users and/or members who we believe are below the age of 18 will be immediately expelled from any and all of our databases.
By viewing our content and registering for any of our services, you waive all rights to claims of damages arising from the use of our web site and/or our information. By viewing our content, you indemnify and hold us harmless from and against any and all claims.
OTHER: We reserve the right to deny access to our web site or our information to any person for any reason.
Our Privacy Guarantee
We understand the importance of privacy online and have taken the appropriate steps to ensure that the information you provide to us is protected. We will use our absolute best efforts to ensure that the information you provide to EarnTheNecklace.com will only be used for the purposes set forth herein.
Although we use top precautions to keep all personal information secure, we are not legally responsible for any breaches of security that may occur.
How Information Is Collected and Used
DISCLOSURE OF INFORMATION.
(a) Providing Services and Products. We use the information we gather on our website to provide you with the services and or products you have requested. This may include passing your information on to a third party to provide such services or products. Although our contractual arrangement limits how this party can use your information, we do not control the privacy practices of third parties. If you have any questions or wish to remove your information from the third party databases, you will need to contact that party directly. We may disclose necessary personal information to third parties or service providers that help us provide services to you or deliver paid products to you. For example, we will disclose your billing information to payment processors for the purpose of processing transactions you execute with us. Also, we will disclose your shipping address to fulfillment and shipping contractors to deliver your order.
We may also provide your name, customer history, and mailing address to third parties—such as service providers, contractors, and third-party publishers and advertisers—for a variety of purposes, unless you chose to opt out by mailing [email protected], stating that you wish to be removed from third-party direct mailing offers, along with your name and mailing address.
(c) Product and Service Delivery. We share your information with third parties who help us in the delivery of the products and services you have requested. Some of your personal information that you provide to us (e.g. your name, address, and/or e-mail address) may be used for delivery purposes. From time to time, we may send you details regarding special offers and exclusive member opportunities. If you would like to opt-out of receiving notice of special offers, exclusive member opportunities, and other messages, e-mail us at [email protected]
(d) Website Functionality. We share your information with companies and individuals we employ to perform technical functions on our behalf. Examples include third parties who host our website, analyze our data, provide marketing assistance, process credit card payments, and provide customer service.
(e) Anonymous information. We share aggregated anonymous information about you, combined with other persons using our website with third parties, so that they can understand the kinds of visitors that come to our website, and how those visitors use our website. This includes demographic information and behavioral information.
(f) Legal Process. We disclose your information if legally required to do so, or at our discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
(g) Acquisition or Merger. We may disclose and transfer your information to a third party who acquires any or all of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such information in a transaction approved by the court.
(i) Browser Information: Browser information will also be used by EarnTheNecklace.com to analyze user trends, efficiently administer the web site, prevent and stop fraudulent behavior, and collect information about our overall demographic. This tracking information may be shared with our partners, but only as a collective. Information on your individual visits will not be shared externally without your consent, unless we are required to by law, or to protect EarnTheNecklace.com, other members, or anyone else who may be at risk.
(k) Mobile Analytics: As part of our analytics, EarnTheNecklace.com uses software for mobile analytics as well, which enables us to get a better understanding of how the site functions on mobile devices. This mobile analytics software may track information like how you interact with the site on your mobile device, events that may occur during your mobile session on the site, performance data, and aggregate behavior. The mobile tracking information we collect may be shared with our partners, but only as a collective. Information on your individual visits will not be shared externally without your consent, unless we are required to by law, or to protect EarnTheNecklace.com, other members, or anyone else who may be at risk.
Disclosing Member Information When Required By Law
EarnTheNecklace.com reserves the right to disclose users’ profile information, including both personally identifiable and non-personally identifiable information, when required to do so by law or at the request of a trusted third party. You also acknowledge and consent that we can disclose any information you provide if we, in our sole discretion, believe that this disclosure is (1) in compliance with federal, state, municipal, and/or any other legal regulations, including requests from representatives of law enforcement, or any other legal process (regardless of whether or not disclosure is required by the applicable law); (2) defend or safeguard EarnTheNecklace.com’s, or a third party’s, property or legal rights; or (3) protect the health and safety of you or another person.
EarnTheNecklace.com collects information on all users, such as what pages and services are used and accessed most frequently. This data is used collectively and anonymously. We use this information to help determine what our users prefer and to develop and promote an improved overall user experience. On occasion, we may ask visitors questions regarding their experience with the web site (e.g. likes, dislikes, suggestions, etc.) in order to make improvements where necessary.
We may share this type of data with our partners, but only as a collective, so that they can gain a better understanding of how visitors use and interact with EarnTheNecklace.com.
A valid e-mail address is required for registration for any current or future services. This e-mail address will be used as a primary means of communication with you. You will receive e-mails for administrative messages (e.g. web site changes, policy changes, etc.) and promotional messages (e.g. e-letters, new product/service offers, discount opportunities, etc.).
E-mail messages you receive from EarnTheNecklace.com may include codes that enable us to track if the message was opened and what links were clicked on.
On occasion, we may share your e-mail address with carefully selected, trusted third parties that have special offers, goods, and services that our users may be interested in. To opt out of receiving any promotional messages, e-mail us at [email protected]
EarnTheNecklace.com complies fully with all of the requirements outlined in the U.S. CAN-SPAM Act.
On occasion, EarnTheNecklace.com may conduct voluntary online surveys for our users. While it is not mandatory for members to participate in these surveys, doing so will help us to better understand how we can improve our web site and services. All survey responses will be anonymous and not linked to any of your personally identifiable information.
To the extent that is permitted by law, you agree to not participate in or bring in any class action toward any claim, controversy, or disagreement you may encounter with EarnTheNecklace.com or any of its directors, employees, assignees, and/or servicers. This agreement does not prohibit you from waiving your rights to pursue an individual claim that is not part of a class action in binding arbitration as noted above. This agreement to not initiate or participate in any class action suits against EarnTheNecklace.com is an independent agreement.
In the event that EarnTheNecklace.com sells or acquires assets, your information may be included in the transaction, depending on the nature of the business transaction. For example, if EarnTheNecklace.com is acquired by another company, that company will acquire all of your personally identifiable and non-personally identifiable information as part of the acquisition. If this occurs, you will be made aware of the changes with regards to how your personal information is being collected and handled.
We endeavor to safeguard and protect your information. When you submit information on our website, such information is protected both online and offline. We have security measures in place to protect against the loss, misuse, and alteration of personal information under our control. The servers in which we store your information are kept in a secure physical environment. The servers have industry standard firewalls. Access to such servers is password protected and access by our employees is limited. Currently, we use Secure Socket Layer software (“SSL”) to protect data and to secure any transactions. SSL encrypts information including credit card number(s), and names and addresses, as they are transmitted over the Internet. Please be advised that, although we take commercially reasonable technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure; therefore, we cannot and do not warrant that your information will be absolutely secure. Any transmission of data at or through our website is at your own risk. However, access to your information is strictly limited and not accessible to the public.
YOUR CALIFORNIA RIGHTS.
(a) California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. In addition California residents have the right to know if we respond to do not track signals or cookies. We do not respond to such signals or cookies.
(b) As stated in this Policy, you have agreed to allow us to share information with third parties for their direct marketing purposes until you remove your information; and thus, you have agreed to this disclosure. California customers may request further information about our compliance with this law by sending us an email at [email protected] Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.
(a) TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BINDING ARBITRATION AND CLASS ACTION WAIVER.
- If you are a customer in the United States (including its possessions and territories), you and we agree that any dispute, claim or controversy arising out of or relating in any way to the use of our site or sale of our products, these Terms and Conditions of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your account with us.
b. If you elect to seek arbitration or file a small claim court action, you must first send us, by certified mail, a written Notice of your claim (“Notice”). The Notice to us must be addressed to: Profit Confidential, 350 5th Avenue, 59th Floor, New York, NY 10118 (“Notice Address”). If we initiate arbitration, we will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court.
c. If you wish to proceed with arbitration, you are required to pay a filing fee, which we will reimburse you for after we receive notice of the commenced of the arbitration process unless your claim is for greater than USD $10,000, in which event you will be responsible for filing fees.
d. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless we and you agree otherwise, any arbitration hearings will take place in the county of your residence.
e. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
To contact EarnTheNecklace.com, e-mail us at [email protected]. You can also contact us by mail at the following address:
1371 SW 8th St., Unit #1
Pompano Beach, FL 33069-4524