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Dixon & Kee HVAC
156 Perrine Circle, Lewisburg, WV 24901 | 304-645-1530 | [email protected]
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Terms of Use
Effective Date: November 12, 2024
1. INTRODUCTION AND OVERVIEW
These Terms of Use (“Terms”) set forth a legally binding agreement between you and Dixon & Kee HVAC (“Company”, “we”, “our”, or “us”), and govern your use of any online service location that posts a link to these Terms, including, without limitation Dixon & Kee HVAC and all features, content, and other services that we own, control and make available through such online service location, including, without limitation Dixon & Kee HVAC (collectively, the “Service”).
In some instances, both these Terms and separate terms elsewhere on the Service will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any applicable Additional Terms, the Additional Terms will control unless they expressly state otherwise.
By using the Service, you agree to these Terms, and consent to our collection, use and disclosure practices, and other activities as described in our Privacy Policy. If you do not agree and consent, discontinue use of the Service.
2. SERVICE USE
A. Content.
The Service contains: (i) materials and other items relating to Company and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
B. Limited License.
Subject to your strict compliance with these Terms and any applicable Additional Terms, Company grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”), in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
C. Accounts.
Certain features of the Service may require you to register an account. When registering an account, you agree to: (i) provide true, accurate, current, and complete information; (ii) maintain and update this information to keep it true, accurate, current, and complete; (iii) protect and prevent unauthorized access to your account; (iv) not transfer or share your account with any third party; and (v) immediately notify us of any suspected or actual unauthorized use of your account or breach of security. Please note that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and we are not liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
D. Restrictions.
You may not: (i) use the Service or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Company; (iii) harvest any information from the Service or Content; (iv) reverse engineer or modify the Service or Content; (v) interfere with the proper operation of or any security measure used by the Service or Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Service or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.
You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.
E. Availability.
Company may suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in Company’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Company, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service and Content.
F. Reservation of Rights.
All rights not expressly granted to you are reserved by Company and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
3. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
4. LIMITATIONS OF OUR LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
5. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of Company.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
6. SUBMISSIONS
When you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Service (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.
You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.
7. PRODUCTS
We do our best to describe every product or service offered on our Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Company shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product or service you purchased from Company is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.
All physical products purchased from the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
8. CUSTOMER SUPPORT
If you have any questions or comments, please send an e-mail to us here. You acknowledge that the provision of support is at Company’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: 156 Perrine Circle, Lewisburg, WV 24901. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
9. THIRD PARTY SERVICES
Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. These Third Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Third Party Services, you do so at your own risk. For more information on Third Party Services, see our Privacy Policy.
10. COMMUNICATIONS
A. E-mails.
You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link, or contacting us here with the word UNSUBSCRIBE in the subject field of the e-mail. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or Company’s ongoing business relations.
B. Push Notifications.
You can opt-out of receiving push notifications from us at any time by adjusting the permissions in your Device or uninstalling our app.
C. Text Messages and Calls.
We may send you reoccurring text messages and calls (including prerecorded and/or by autodialer) to the phone number you provide for transactional and direct marketing purposes. You understand that your consent is not required as a condition of purchase, and that you can opt-out of receiving text messages or calls from us at any time by: (i) for text messages, texting “STOP” in response to any text message you receive from us or contacting us here and specifying you want to opt-out of text messages; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us here and specifying you want to opt-out of calls. For text messages, you can also text “HELP” at any time for more information. You understand that you may receive a text message confirming any opt-out by you. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phone and/or carriers are supported. Contact your carrier for further details.
Please note that any opt-out by you is limited to the e-mail address, device, or phone number used and will not affect subsequent subscriptions.
11. CHOICE OF LAW
A. Waiver of Class Actions.
You waive any right to pursue an action on a class-wide basis against us and may only resolve disputes with us on an individual basis, and may not bring a claim against us as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
B. Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
C. Choice of Law/Forum Selection.
In any circumstances where the parties litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Iowa, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in West Des Moines, IA.
12. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY COMPANY OR A LICENSOR OF COMPANY.
13. UPDATES TO TERMS
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. If you object to any such changes, your sole recourse is to cease using the Service.
14. GENERAL PROVISIONS
A. Consent or Approval.
No Company consent or approval may be deemed to have been granted by Company without being in writing and signed by an officer of Company.
B. Survival.
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Unsolicited Submissions, Copyright Infringement, Subscriptions and Products, Customer Support, Third Party Services, Service Features, Agreement to Arbitrate Disputes and Choice of Law, Disclaimer of Representations and Warranties, Limitations of Our Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Updates to Terms, and General Provisions, will survive.
C. Severability; Interpretation; Assignment.
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.
D. Complete Agreement; No Waiver.
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
E. International Issues.
Company controls and operates the Service from the U.S., and Company makes no representation that the Service is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
F. Investigations; Cooperation with Law Enforcement.
Company reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Company may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
G. California Consumer Rights and Notices.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
Privacy Policy
Effective Date: January 1, 2026.
1. Introduction.
This Privacy Policy describes Dixon & Kee HVAC’s (“Company”) practices regarding information we collect about you and the choices available to you regarding such information. For purposes of this Privacy Policy, unless otherwise stated, “information” or “personal information” means information relating to an identified or identifiable individual.
This Privacy Policy applies to information we collect where we control the purposes and means of processing, specifically information we collect through any of our websites, apps, emails, or other online services that link to this Privacy Policy (the “Service”) or other sources identified below. Please note that your use of the Service is subject to our Terms of Service.
This Privacy Policy does not apply to:
- the practices of third parties we do not control
- information collected in the context of your job application or employment with us
- information that has been anonymized or, to the extent permitted by law, deidentified
See additional disclosures if you live in the following regions:
- California
- Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia
- Nevada
For our contact details, see the Contact Us section below.
2. Collection.
This section describes the information we collect and how we collect it.
Information You Provide through the Service.
When you use the Service, you may be asked to provide information to us, such as when you create an account, make a purchase, sign up for our newsletters or loyalty programs, participate in a promotion, respond to our surveys, or contact support. The categories of information we collect in this context include:
- Contact Identifiers, including your name, email address, postal address, and phone number.
- Characteristics or demographics, including your age, gender, and country.
- Commercial or transactions information, including records of products or services you purchased, obtained, or considered.
- Account credentials, including your username, password, password hints, and other information for authentication or account access.
- Payment information, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments. This information is processed by our payment processors.
- Content, including content within any messages you send to us (such as feedback, questions, or survey responses) or publicly post on the Service (such as in product reviews or blog comments).
Please do not provide any information that we do not request.
Information from Your Browser or Device.
When you use the Service, we and third parties we work with automatically collect information from your browser or device. The categories of information we automatically collect in this context include:
- Device identifiers, including your device’s IP address and Ad ID.
- Device information, including your device’s operating software and browser (e.g., type, version, and configuration), internet service provider, and regional and language settings.
- Internet activity, including information about your browsing history and interactions, such as the features you use, pages you visit, content you view, purchases you make or consider, time of day you browse, and referring and exiting pages.
- Non-precise location data, such as location derived from an IP address or data that indicates a city or postal code level.
- Precise location data, such as latitude / longitude, with your consent.
This information is automatically collected through cookies and other tracking technologies incorporated into our Service, as described below:
- Cookies. Cookies are browser-based text files which are dropped on your browser when you visit a website, open or click on an email, or interact with an advertisement. There are various types of cookies, including session cookies (which are cookies that expire when you close your browser) and persistent cookies (which are cookies that do not expire until a set expiration date or you manually delete them). Cookies may be first party (which are cookies served directly by us) or third party (which are cookies served by third parties we work with).
- Pixels. Pixels (also known as web beacons) are code embedded in a service. There are various types of pixels, including image pixels (which are one-pixel transparent images) and JavaScript pixels (which contain JavaScript code). Pixels are often used in conjunction with cookies. When you access a service that contains a pixel, the pixel may permit us or a third party to collect information from your browser or device, or to drop or read cookies on your browser.
- App technologies. App technologies are technologies included in apps that are not browser-based like cookies. For example, our apps may include Software Development Kits (SDKs), which are tools released by third parties that provide certain functionality. When you access our apps, these technologies may permit us or a third party to collect information from your browser or device.
- Device fingerprinting. Device fingerprinting is the process of analyzing and combining sets of data from your device, such as JavaScript objects and installed fonts, to create a “fingerprint” and uniquely identify your browser or device.
We use these tracking technologies for a variety of purposes, including to help make our Service work, personalize your browsing experience, prevent fraud and assist with security, perform measurement and analytics, offer abandon cart functionality, and provide advertising (including targeted advertising).
We also use the following technologies in connection with the Service.
- Precise location technologies. With your consent, we may get access to precise location technologies on your device (such as GPS or Bluetooth) and collect precise location data. We use precise location data for purposes of verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
- Voice processing technologies. With your consent, we may get access to the microphone on your device and collect audio to effectuate an instruction or request by you. We only maintain audio long enough to complete your instruction or request and then immediately delete it. We may use non-audio data associated with the collection for additional purposes such as data analytics and in accordance with this Privacy Policy.
To exercise choice around tracking technologies, see Your Privacy Choices below.
Information from Our Business Relationships.
Through our business relationships with you, we collect your contact identifiers and other information relating to you and your business. This information is not subject to this Privacy Policy except as required by applicable law.
Information from Other Sources.
We also collect information from other sources. The categories of other sources from which we collect information include:
- Business partners that offer co-branded services, sell or distribute our products, or engage in joint marketing or promotional activities.
- Third party vendors and related parties we work with in connection with receiving analytics, advertising, security, and fraud prevention services.
- Social media platforms with which you interact. For example, when you engage with our content on social media (such as through our brand page or direct messages), we may collect information such as your contact identifiers and any comments you provide. We may also receive additional information from the social media platform that you have authorized the platform to disclose to us. If you publicly reference our Service on social media (such as by tagging us or using a hashtag associated with us in a post), we may use your reference on or in connection with our Service.
- Third party integrations that you connect to the Service. For example, if you choose to log-in to the Service through your Meta or Apple account, we receive information that you have authorized to be disclosed to us.
- Data providers, such as licensors of private and public databases.
- Public sources, such as information in the public domain.
Information We Infer.
We infer new information from other information we collect, including to generate information about your likely preferences or other characteristics.
Sensitive Information.
Some of the information we collect may be considered sensitive under applicable law. See additional disclosures in your region for details.
3. Purposes for Collection and Use.
Our purposes for collecting and using information include:
- Providing services. We collect and use information to provide services to you, including to operate the Service, establish and maintain your account, and provide support.
- Personalizing your experience. We collect and use information to personalize your experience and show you content we believe you will find interesting.
- Communications. We collect and use information to communicate with you about updates, security alerts, changes to policies, and other transactional messages. We also collect and use information to personalize and deliver marketing communications to you, including by email, and, where you opt-in, text and push notification.
- Analytics. We collect and use information to understand trends, usage, and activities, for example through surveys you respond to and tracking technologies that we incorporate into the Service (such as Google Analytics).
- Advertising. We collect and use information to advertise our products and services. Various third parties such as ad agencies, ad networks, publishers, social media platforms, and technology providers may be involved in this process. For example, we place ads on third party publisher websites and social media platforms. These ads incorporate tracking technologies to help serve the ads, measure their performance, detect ad fraud, limit the frequency of ads shown, and provide insights. If you visit our Service after seeing an ad on a third party service, tracking technologies on our Service help us attribute conversions and determine how effectively we use our ad budgets.
Some of the advertising we engage in may be “targeted advertising,” which is the practice of showing you more relevant or personalized ads based on your activity collected over time and across non-affiliated services. Targeted advertising often involves us incorporating third party tracking technology into our Service or providing (often hashed) contact or device identifiers to a third party, which then matches common factor between our data and their data (or a partner’s data) to serve ads to you or individuals like you. For example, we incorporate the Meta pixel on our website to serve ads to audiences created by Meta based on the data we provide.
We also use audience modeling services, where we and a partner each provide (often hashed) data to a technology provider. The technology provider then matches common factors between our and the partner’s data to allow us to gain insights into audience overlap and campaign performance. - Promotions. When you voluntarily enter a promotion, we collect and use information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law. By entering a promotion, you agree to the official rules that govern that promotion, and that, except where prohibited by applicable law, we, the sponsor, and related entities may use your name, voice and/or likeness in advertising or marketing materials.
- Improvements. We collect and use information to develop and improve our services.
- Security and enforcement. We collect and use information to prevent, detect, investigate, and address fraud, breach of policies or terms, or threats or harm.
- At your direction or with your consent. We collect and use information for additional purposes where you direct us to use it in a certain way or with notice to you and your consent.
- Non-personal information. Sometimes we anonymize or deidentify information so it is no longer considered personal information under applicable law. Where we deidentify information, we commit to maintain and use the deidentified information in deidentified form and not attempt to reidentify it. We may use non-personal information for any purpose to the extent permitted by applicable law.
To exercise choice around our collection and use, see Your Privacy Choices below.
4. Disclosure.
We disclose the information we collect for the purposes described in this Privacy Policy. The categories of persons to whom we disclose information include:
- Service providers. Many of the third parties we work with are service providers that collect and process information on our behalf. Service providers perform services for us such as payment processing, data analytics, marketing and advertising, website hosting, and technical support. To the extent required by law, we contractually prohibit our service providers from processing information they collect on our behalf for purposes other than performing services for us, although we may permit them to use non-personal information for any purpose to the extent permitted by applicable law.
- Third party vendors and related parties. Some of the third parties we work with independently control the purposes and means of processing your information. For example, we disclose information to ad networks, technology providers, and other third parties that help provide targeted advertising. For these third parties, we encourage you to familiarize yourself with and consult their policies and terms of use.
- Business partners. We disclose information to our business partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing or promotional activities.
- Affiliates. We disclose information to our affiliates and related entities, including where they act as our service providers subject to this Privacy Policy or use the information in accordance with their own privacy policies.
- The public. We disclose information you make public, such as information in your profile or that you post on public boards. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to any rights you have under applicable law.
- Recipients in a merger or acquisition. We disclose information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
- Recipients for security and enforcement. We disclose information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also disclose information to protect the rights, property, life, health, security and safety of us, the Service or anyone else.
- Recipients at your direction or with your consent. We disclose information where you direct us to or with notice to you and your consent.
- Non-personal information. We may disclose non-personal information for any purpose to the extent permitted by applicable law.
To exercise choice around our disclosures, see Your Privacy Choices below.
5. Third Parties.
Our Service may link to, or be incorporated into, websites and online services controlled by third parties. In some circumstances, we may get a commission if you purchase a product after clicking on a link to an affiliate partner’s website. In addition, we may integrate technologies into our Service, including those disclosed in the Collection section above, controlled by third parties. Except where third parties act as our service providers, they, and not us, control the purposes and means of processing any information they collect from you, and you should contact them directly to address any concerns you have about their processing. Third party data practices are subject to their own policies and disclosures, including what information they collect, your choices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
6. Your Privacy Choices.
This section describes the choices available to you regarding your information.
Communications.
You can opt-out of receiving certain communications from us as follows:
- Emails. To stop receiving marketing emails, change your communication preferences through your account settings, follow the unsubscribe instructions near the bottom of such emails, or email us at as set out in the Contact Us section below with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt out of transactional emails.
- Texts and calls. To stop receiving texts, text “STOP” in response to any text message you receive from us or contact us as set out in the Contact Us section below and specify you want to opt-out of text messages. To stop receiving calls, request opt-out during any call you receive from us or contact us as set out in the Contact Us section below and specify you want to opt-out of calls.
- Push notifications. To stop receiving push notifications, adjust your device settings or uninstall our app.
Accounts.
If you have an account with us, you can delete your account through your account settings. We will address your request in accordance with our data retention practices.
Browser and Device Controls.
- Cookies and pixels. You may be able to manage cookies through your browser settings. When you manage cookies, pixels associated with such cookies may also be impacted. Please note that cookie management only applies to our website. If you use multiple browsers, you will need to instruct each browser separately. If you delete or reset your cookies, you will need to reconfigure your settings. Your ability to limit cookies is subject to your browser settings and limitations.
- App technologies. Unlike cookies, app technologies cannot be controlled by your browser settings. For some platforms (like Apple iOS), we will only receive access to your device’s Ad ID if you provide consent. You can reset your device’s Ad ID through your device settings, which is designed to limit how the prior Ad ID can be used. See your device settings for details. You can stop all collection of information through an app by uninstalling the app.
- Precise location technologies. You can stop collection of precise location data within an app through your device settings or by uninstalling the app.
- Preference signals. Your browser or extension may allow you to automatically transmit Do Not Track and other preference signals. Except as required by law, we do not respond to preference signals.
- Third party opt-out tools. Some third parties we work with offer their own opt-out tools related to information collected through cookies and pixels. To opt out of your information being used by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout. We are not responsible for the effectiveness of their tools.
- Industry opt-out tools for targeted advertising. Some third parties we work with are part of the National Advertising Initiative or follow the Digital Advertising Alliance’s Self- Regulatory Principles for Online Behavioral Advertising, which offer their own opt-outs tools for targeted advertising. For details, visit https://www.networkadvertising.org/choices/ and https://youradchoices.com/control. We are not responsible for the effectiveness of their tools.
Region-Specific Choice.
See additional disclosures regarding your rights to exercise choice if you live in the following
regions:
- California
- Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia
- Nevada
7. Children.
The Service is not directed toward children under 13 years old, and we do not knowingly collect personal information (as that term is defined by the U.S. Children’s Online Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected personal information from children, please contact us as set out in the Contact Us section below. We will delete the personal information in accordance with COPPA.
8. Security.
We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Please note that transmission via the internet is not completely secure and we cannot guarantee the security of information about you.
9. Retention.
We retain information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
10. International Transfer.
We are based in the U.S. If you are located outside the U.S., please be aware that your information may be transferred to and processed in the U.S. or another country where we operate. Where required by applicable law, we will provide appropriate safeguards for data transfers.
11. Changes to this Privacy Policy.
We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide additional notice to you, such as through email or prominent notice on the Service.
12. Contact Us.
The controller under this Privacy Policy is:
Company (“Company,” “we,” “our,” or “us”)
Address: 156 Perrine Circle, Lewisburg, WV 24901
Email: [email protected]
If you have questions about our practices regarding your information or have trouble accessing this Privacy Policy, please contact us at the postal address or email address above. To exercise choice available to you, please use the designated methods listed in this Privacy Policy.
13. Region-Specific Disclosures.
California.
Notice at Collection
For residents of California, at or before the time of collection of your personal information, you have the right to receive notice of our data practices. Our data practices are as follows:
- Collection. The categories of personal information we have collected in the past 12 months and the categories sources from which the personal information is collected are set out in the Collection section above.
- Purpose. The specific business and commercial purposes for collecting and using personal information are set out in the Purposes for Collection and Use section above.
- Disclosure. The categories of persons to whom personal information is disclosed, including service providers for business purposes, are set out in the Disclosure section above. We disclose the categories of personal information listed in the Collection section above to service providers for business purposes.
- Sales and Shares. Some of our disclosures of personal information may be considered a “sale” or “share” as those terms are defined under California law. A “sale” is broadly defined to include a disclosure for something of value, and a “share” is broadly defined to include a disclosure for cross-context behavioral advertising. We collect, sell, or share the following categories of personal information for commercial purposes: contact identifiers, characteristics or demographics, commercial or transactions information, content, device identifiers, device information, internet activity, non-precise geolocation data, and inferences drawn from any of the above. The categories of third parties to whom we sell or share your personal information include, where applicable, vendors and other parties involved in cross-context behavioral advertising. We do not knowingly sell or share the personal information of minors under 16 years old who are California residents.
- Sensitive Data. Some of the personal information we collect may be considered sensitive personal information under California law. We collect, use, and disclose sensitive personal information only for the permissible business purposes for sensitive personal information under the CPRA or without the purpose of inferring characteristics about consumers. We do not sell or share sensitive personal information.
- Retention. The criteria used to determine the period of time we retain your personal information is set out in the Retention section above.
Requests
You have the right to exercise choice over your personal information as follows:
- Verifiable Requests: You have the right to:
- Know what personal information we have collected about you, specifically have the right to know the categories of sources from which personal information was collected, the business or commercial purposes for collecting, selling, or sharing personal information, the categories of personal information that we sold, shared, or disclosed for a business purpose, the categories of third parties to whom we disclosed personal information, and the specific pieces of personal information we have collected about you;
- Correct inaccurate personal information we maintain about you; and
- Delete personal information that we have collected from you.
These rights are verifiable rights, meaning that we need to verify your identity before fulfilling them. To exercise any of these rights, submit a request through our form here (specifying the rights you wish to exercise) or call our number at 304-645-1530. If you have an account with us, we may require you to submit the request through your account. We will confirm receipt of and respond to your request consistent with applicable law. To verify your identity, we may require you to confirm receipt of an email sent to an email address that matches our records, provide us with details relating to your history with us, or provide additional information. If we cannot verify your identity, we may deny your request in accordance with applicable law.
- Sales and Shares: You have the right to opt-out of us selling or sharing your personal information to third parties. To exercise this right, click here to manage your technology preferences or turn on a recognized opt-out preference signal, such as Global Privacy Control, in your browser or extension. Please note that when you opt-out through either of the above methods we do not know who you are within our systems, and your opt-out will apply only to information collected through tracking technologies on the specific browser from which you opt-out or, where required by law, to any pseudonymous profiles we maintain associated with your browser or device. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your settings. If you are logged into your account when you submit the request, where required by law, we will apply the request to your account. If you want the opt-out to apply to information we have about you in our systems, such as your email address, please also submit a request through our form here (specifying the right you wish to exercise).
- Shine the Light: If you are a customer, you may request (i) a list of the categories of personal information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To make a request, please write us at the email or postal address set out in the Contact Us section above and specify that you are making a “California Shine the Light Request.”
Your rights are subject to exceptions and our retention practices. You have the right not to be discriminated against for exercising any of your rights. To the extent permitted by law, rights requests must be exercised through the applicable designated method listed above. You may make a rights request using an authorized agent. Except for rights requests made by opt-out preference signal, we will require written and signed proof of the agent’s permission to do so and we may verify your identity directly with you.
Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New
Jersey, New Hampshire, Oregon, Tennessee, Texas, Utah, and Virginia.
Data Practices
For residents of Colorado, Connecticut, Delaware, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, and Virginia, our practices regarding the collection, use, disclosure, and retention of your personal data are set out in the main Privacy Policy above.
Some of our disclosures of personal data may be considered a “sale” under applicable law, which is often defined to include a disclosure for something of value. We also may process your personal data for purposes of targeted advertising. We do not process personal data for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.
Some of the personal data we collect may be considered sensitive personal data under applicable law. We collect sensitive personal data with your consent.
Requests
You have the right to exercise choice over your personal data as follows:
- Verifiable Requests: You have the right to:
- Confirm whether or not we are processing your personal data, and in some regions, confirm the categories of personal data we have processed;
- Access your personal data;
- Correct inaccuracies in your personal data;
- Delete your personal data;
- Obtain a copy of your personal data that you previously provided to us in a portable and readily usable format
If you are a Minnesota or Oregon resident, you also have the right to obtain a list of the specific third parties to which we have disclosed personal data.
If you are a Delaware or Maryland resident, you also have the right to obtain a list of categories of third parties to which we have disclosed your personal data.
These rights are verifiable rights, meaning that we need to verify your identity before fulfilling them. To exercise any of these rights, submit a request through our form here (specifying the rights you wish to exercise) or call our number at 304-645-1530. If you have an account with us, we may require you to submit the request through your account. We will confirm receipt of and respond to your request consistent with applicable law. To verify your identity, we may require you to confirm receipt of an email sent to an email address that matches our records, provide us with details relating to your history with us, or provide additional information. If we cannot verify your identity, we may deny your request in accordance with applicable law.
- Sales and Targeted Advertising: You have the right to opt-out of us selling your personal data or processing your personal data for purposes of targeted advertising. To exercise this right, click here to manage your technology preferences or turn on a recognized opt-out preference signal, such as Global Privacy Control, in your browser or extension. Please note that when you opt-out through either of the above methods we do not know who you are within our systems, and your opt-out will apply only to information collected through tracking technologies on the specific browser from which you opt-out or, where required by law, to any pseudonymous profiles we maintain associated with your browser or device. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your settings. If you are logged into your account when you submit the request, where required by law, we will apply the request to your account. If you want the opt-out to apply to information we have about you in our systems, such as your email address, please also submit a request through our form here (specifying the right you wish to exercise).
- Consent: You have the right to revoke consent previously given to us for the processing of your personal data. To revoke consent, write us at the email or postal address set out in the Contact Us section above (specifying the consent you wish to withdraw). If you withdraw consent, you may not be able to receive certain services related to that consent.
Your rights are subject to exceptions and our retention practices. You have the right not to be discriminated against for exercising any of your rights. To the extent permitted by law, rights requests must be exercised through the applicable designated method listed above. You may make a rights request using an authorized agent. Except for rights requests made by opt-out preference signal, we will require written and signed proof of the agent’s permission to do so and we may verify your identity directly with you.
You have the right to appeal our decision in response to your request. To appeal, please write us at the email or postal address set out in the Contact Us section above and specify what you wish to appeal. We will review and respond to your appeal in accordance with applicable law. If we deny your appeal, you may submit a complaint to your Attorney General as follows:
- For Colorado residents: https://coag.gov/file-complaint/
- For Connecticut residents: https://www.dir.ct.gov/ag/complaint/
- For Delaware residents: https://attorneygeneral.delaware.gov/fraud/cmu/complaint/
- For Iowa residents: https://www.iowaattorneygeneral.gov/for-consumers/file-a-consumer-complaint/complaint-form
- For Maryland residents: https://www.marylandattorneygeneral.gov/Pages/CPD/Complaint.aspx.
- For Minnesota residents: https://www.ag.state.mn.us/Office/Forms/ConsumerAssistanceRequestForm.pdf
- For Montana residents: https://dojmt.gov/office-of-consumer-protection/consumer-complaints/
- For Nebraska residents: https://www.nebraska.gov/apps-ago-complaints/
- For New Hampshire residents: https://www.doj.nh.gov/citizens/consumer-protection-antitrust-bureau/consumer-complaints
- For New Jersey residents: https://www.njconsumeraffairs.gov/Pages/Consumer-Complaints.aspx
- For Oregon residents: https://justice.oregon.gov/consumercomplaints/
- For Tennessee residents, https://www.tn.gov/attorneygeneral/working-for-tennessee/consumer/file-a-complaint.html
- For Texas residents: https://oag.my.salesforce-sites.com/CPDOnlineForm
- For Utah residents: https://attorneygeneral.utah.gov/contact/complaint-form/
- For Virginia residents: https://www.oag.state.va.us/consumercomplaintform
Nevada
Nevada residents have the right to opt-out of sale of their information. To make a request, please write us at the email or postal address set out in the Contact Us section above and specify that you are making a “Nevada Opt-Out of Sale Request.” Your rights are subject to exceptions and our retention practices.