Effective Date: April 5, 2019
TYPES OF INFORMATION WE COLLECT. We use the information gathered to better understand your needs, to improve the contents of our web pages and to monitor technical performance of our network.
The information we gather falls into two categories: (1) information voluntarily supplied by users to the Site through optional registration; and (2) tracking information gathered as users navigate through the Site.
Information You Provide To Us.
We may collect and store information, personal or otherwise, that you voluntarily supply either while using our Site or in responding via email in connection with a feature provided on our Site. Some examples of this type of information include demographic information and personal information (such as your name, address, or email address, along with profile information such as a password or passphrase) that you electronically submit to Us for purposes such as registration for certain features on our Site, signing up for email newsletters, completing surveys or entering sweepstakes, or posting on message boards or other public posting areas on our Site. We may also ask for information (including a credit card number) from users who make a purchase or conduct other transactions on our Site. The information supplied helps us to provide the product or service requested, offer you more personalized features, and tailor the Site to your interests. Supplying such information is entirely voluntary. However, if you choose not to supply information requested, we may be unable to provide you with services offered to users of the Site.
We also may collect and store information that is generated automatically as you navigate through our Site. For example, to help make the Site more responsive to the needs of users, we employ a standard feature of browser software called a "cookie" to assign each user a unique, random number that resides on a user's computer. The cookie does not personally identify the user; it merely identifies the computer with which the user accesses the Site. Unless a user voluntarily identifies himself or herself (through registration, for example), the Site will not be able to ascertain the identity of the user, even if a cookie is assigned to a user's computer. The only personal information a cookie can contain is information supplied by a user. By showing how and when visitors use the Site, cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you have entered preference information previously. Of course, you are free to set your web browser to disable cookies; however, doing so may render your computer unable to take advantage of the personalized features enjoyed by other users of the Site.
We also may use web beacons and other methods to access cookies and to count users who visit our Site or open our HTML-formatted email messages. Our Site's servers automatically collect limited information about your computer's connection to the Internet, including your IP address. The IP address is a number that lets computers attached to the Internet know where to send data such as the web pages users view. An IP address does not personally identify a user. We use this information to deliver the Site's content to you upon request and to measure traffic within the Site.
USE AND DISCLOSURE OF INFORMATION. We use the information we collect in a variety of ways, including using the information to customize features and advertising that appear on the Site. We also may provide your information to third parties, such as service providers, contractors, and sponsors, for a variety of purposes.
You agree that we may use your information to contact you for customer service purposes, to inform you of important changes or additions to our Site or the services offered over our Site, and to send you administrative notices, offers and any other communications that we believe may be of interest to you. You may withdraw your permission and prevent our use of your information in this manner by contacting us using the contact information below.
Please bear in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example on ratings and reviews or through email - that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Please be aware that we may occasionally release information about users when release is appropriate to comply with law or to enforce or protect the rights, property or safety of other users of our Site, the public or us.
MODIFYING YOUR INFORMATION AND OPTING OUT. If you register with us, you will have the opportunity to review, update, change or delete the information you have provided to us (and that we continue to store) at any time. Please contact us by phone, email, or postal mail using the information below to do so, or click Unsubscribe in any of our marketing emails to opt-out.
STORAGE OF INFORMATION. All information gathered on our Site is stored within a database accessible only by us. We will use industry standard measures, including encryption where appropriate. However, as effective as the reasonable security measures we implement may be, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information supplied will not be intercepted while being transmitted over the Internet. To the extent permitted by law, in no event shall we be liable for the deletion, loss, or unauthorized modification of any of your information.
Terms and Conditions of Service and Use
Changes to the Agreement
3. Governing Agreement
The terms of this Agreement ("Terms of Service and Use" or "Terms") govern the relationship between you and Connect Now (hereinafter "Connect Now" or "Us" or "We") regarding your use of Connect Now Services and support, which includes use or application of our online Bonus Materials. "Connect Now" includes any future Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership.
5.1. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with this Agreement and any other relevant Connect Now policies or agreements, Connect Now grants you a non-exclusive, non-transferable, revocable limited license to access and use the Connect Now Services provided in our workshops and in our online Bonus Materials.
5.2. Accessing the Service
5.3. Account Information
5.4. License Limitations
Any use of the Connect Now Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted, and may subject you to liability for violations of law.
You agree that you will not, under any circumstances, engage in any act that Connect Now deems to be in conflict with the spirit or intent of the Connect Now Services, including but not limited to circumventing or manipulating these Terms, our service rules, site and service policies.
5.7 Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, CONNECT NOW MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE CONNECT NOW SERVICES OR PORTIONS THEREOF IF YOU ARE, OR CONNECT NOW SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS AND CONDITIONS OF SERVICE AND USE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, IF WE BELIEVE THAT THEY ARE INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
The Connect Now Services that are copyrighted are works owned by Connect Now, LLC. Connect Now reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Connect Now Services.
Your information, and the contents of all of your online communications (including without limitation text, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Connect Now Services and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Connect Now Services are being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of Connect Now, including to enforce our Terms and Service. By entering into these Terms and Conditions of Service and Use, you hereby provide your irrevocable consent to such monitoring, access and disclosure.
8. Third Party Advertisements
You understand that the Connect Now Services and the Connect Now application may feature advertisements from Connect Now or third parties.
8.1 Links to Third Party Sites and Dealings With Possible Advertisers
Connect Now may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Connect Now Services. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Connect Now makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of Connect Now and may collect data or solicit personal information from you. Connect Now is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Connect Now of these linked sites.
9. COPYRIGHT NOTICES/COMPLAINTS
It is Connect Now's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Connect Now reserves the right to terminate without notice any User's access to the Service if that User is determined by Connect Now, in its sole discretion, to be a "repeat infringer." In addition, Connect Now accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
10. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
10.1. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE CONNECT NOW SERVICES IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
10.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE CONNECT NOW SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE CONNECT NOW PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CONNECT NOW.
You agree to indemnify, save, and hold Connect Now, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. Connect Now reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Connect Now, and you agree to cooperate with Connect Now's defense of these claims. Connect Now will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You also agree that the provisions in this paragraph will survive any termination of your Account(s) or use of the Connect Now Services.
11. DISPUTE RESOLUTION
If a dispute arises between you and Connect Now, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Connect Now agree that We will resolve any claim or controversy at law or equity that arises out of this Agreement or the Connect Now Services (a "Claim") in accordance with subsection 11.1 below or as We and you otherwise agree in writing. Before resorting to these alternatives, We strongly encourage you to first contact Us directly to seek a resolution by emailing us at email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
11.1 Law and Forum for Legal Disputes
This Agreement and any dispute arising out of or related to it or the Connect Now Services shall be governed in all respects by the laws of the State of Oregon as they apply to agreements entered into and to be performed entirely within Oregon between Oregon residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Connect Now must be resolved exclusively by a state or federal court located in Multnomah County, Oregon. You agree to submit to the personal jurisdiction of the courts located within Multnomah County, Oregon for the purpose of litigating all such claims or disputes.
12. GENERAL PROVISIONS
12.2. Entire Agreement
12.3. Language of the Terms and Conditions of Service and Use
In the event of a conflict between a translation of the Connect Now Policies and the English version, the English version of the Connect Now Policies will control.
12.4. No Waiver
Except as expressly and specifically set forth in this this Agreement, no representations, statements, consents, waivers, or other acts or omissions by Connect Now shall be deemed a modification of this Agreement nor be legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer/owner of Connect Now.
We may notify you via postings on www.connectnowandplay.com and/or via e-mail or any other contact information you provide to Us. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
12.5. Force Majeure
Connect Now shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Connect Now, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Connect Now’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.