Welcome to United Business Solutions, a Web site owned by United Business Solutions NY LLC, a New York limited liability company (“Company”), which owns and operates the Web site at unitedbusinesssolutions.com (“SETC Website” or “Website”). The SETC Website is an informational Web site that also contains a Web based software portal (the “Software”). These Terms of Use (“TOU” or “Terms of Use”) govern your use of the SETC Website and your use of the Software in the event that you choose to use the Software. The privacy policy, if any, contained in the TOU is augmented by a separate Privacy Policy (“SPP”) that you also agree to when using the SETC Website. Further, when using the Software, at your own election, you may be asked to agree to a separate Software Agreement (“SSA”), which augments this TOU.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME). YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION XII BELOW. YOU UNDERSTAND AGREE THAT THE PUROSE OF THIS SITE IS TO PROVIDE INFORMATION ABOUT THE POSSIBLE ELIGIBILITY FOR CERTAIN TAX CREDITS AND/OR OTHER PRIVATE OR GOVERNMENT PROGRAMS PARTICULARLY DIRECTED AT THE SELF-EMPLOYED AND THE SELF-EMPLOYED TAXPAYER, INCLUDING WITHOUT LIMITATION TAX CREDIT LEGISLATION THAT WAS ENACTED DURING THE CORONVIRUS PANDEMIC AND WHICH BECAME PART OF THE FEDERAL TAX CODE FOR TAX YEARS PARTICULARLY FOR 2020 AND 2021.

I. Intellectual Property. The Website and included content (and any derivative works or enhancements of the same) including, without limitation, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (“Website Content”) and all intellectual property rights to the same are owned by the Company and/or any applicable licensors. All trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us and/or our licensors. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved by the Company.

II. Website Access and Use. Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, laws governing intellectual property and copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third- party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content. Unless expressly permitted in these Terms of Use, you may not: (a) remove, alter, or distort any proprietary rights notice (including, without limitation, as to copyright) on the Website or Website Content; (b) circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations, restrictions, or the like on the, use of the Website or Website Content; (c) use any form or an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without the express written permission of the Company; provided, that, notwithstanding the foregoing in this Section II(c), the Company grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time; (d) collect or otherwise harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses; (e) solicit other our Website users to join or become members of any commercial online service or other organization without our prior written approval from the Company; (f) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (g) decompile, reverse engineer, or disassemble the Website or any portion thereof; (h) use network-monitoring software to determine architecture of or extract usage data from the Website; (i) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s access to the Website or Software without express written permission from both that person and from the Company); (j) violate U.S. laws, including, without limitation, export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or (k) engage in any conduct that restricts, impairs or inhibits any other user from using or enjoying the Website. Additionally, without diluting any of the foregoing, you agree to cooperate fully with the Company to investigate any suspected or actual activity that is in breach of these Terms of Use.

III. Conditions for Linking to Website. Upon your acceptance of these Terms of Use as evidence by your clicking where indicated below your acceptance of and agreement to these terms, we hereby grant you a non-exclusive, limited license, revocable at our discretion, for you to link to the Website home page from any site you own or control that is not commercially competitive with the Website and does not criticize or otherwise injure the Website, so long as the site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten or violate the rights of privacy, publicity, intellectual property or other legal rights of others or, in any way, post, publish, distribute, disseminate or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene or illegal/unlawful information, topic, name or other material or that violates the spirit of our mission. Such a link is not an endorsement of such other site(s) by us. All of our rights and remedies are expressly reserved.

IV. User Registration. In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to this Website. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users, including, as determined by the Company, access to the Software. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at [email protected] of any breach of security or unauthorized use of your Membership.

V. User Content, If Applicable.

A. We may now or in the future permit users to post, upload, transmit through, submit or otherwise make available on the Website (by any method, referred to as “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Your Submitting such content is subject to the rights and license you grant to us including, without limitation, pursuant to the TOU and SPP, provided, that you retain the right, title and interest in your User Content, except as such is granted to the Company hereunder and via the other agreements you have the Company, if any. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for protection of any of your rights in that regard.

B. To the extent that we permit User Content, you shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

C. To the extent that we permit User Content and you use this feature, you represent, warrant, and covenant that you will not submit any User Content that: (1) violates or infringes in any way upon the rights of others, including, without limitation, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity; (2) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable; (3) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (4) is an advertisement for goods or services or a solicitation of funds; (4) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; (5) contains a formula, instruction, or advice that could cause harm or injury; (6) contains content that is competitive with the Company, including, without limitation, content that is competitive with the SETC Website, (7) is a chain letter of any kind; and/or (8) he licensed use by us hereunder would result in us having any obligation or liability to any party. Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website is not, and will not be, permitted.

D. By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully licensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, record, sell, lease, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, publish and otherwise exploit your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use. The granted rights include the right to configure, host, index, cache, digitize, compress, optimize, modify, edit, adapt, and remove such content and combine same with other materials. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you.

E. By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.

F. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Website, or your use of the Website, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Website and we have no obligation to return your User Content or otherwise make it available to you.

H. The rights granted by you hereunder may not be terminated, revoked, or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to [email protected].

VI. Website Content; Third-Party Content; Third-Party Links. We provide the Website including, without limitation Website content for educational and promotional purposes only; provided that the Software, if used, is for its express purpose, as stated in applicable polices and agreements, including without limitation, the SPP, to the extent such augments these TOU. Some of the information is obtained from the Internal Revenue Service and/or other government agencies and such information may be summarized in good faith by us and/or interpreted by us, as applicable. For the avoidance of doubt, you will consult with your own professional representation, legal counsel, or accounting professional in your own interpretation of any such content, including, without limitation, interpretated, summarized, and/or synthesized content. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content and Software. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content or the Software. In some instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than, if applicable, an official spokesperson of the Company operating in an official capacity with an express statement from the Company. The Website may contain links to other Websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on third-party Websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Websites nor are we liable to you or anyone for any loss or damage of any sort incurred as a result of your dealings and/or reliance on or with any third-party or third-party Website.

VII. Indemnification. You agree to indemnify and hold harmless the Company and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (A) your access to or use of the Website; (B) User Content provided by you or through use of your Membership; (C) any actual or alleged violation or breach by you of these Terms of Use; (D) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (E) your acts or omissions, (F) with respect to the Software and any amended tax return prepared in connection therewith (i) any modification by the Internal Revenue Service (“IRS”), (ii) any change to your previously filed tax returns (prior to amendments via the Software or otherwise), (iii) any withholding by the IRS for any reason of any anticipated credit, including without limitation, due to backup withholding, child support, garnishment, student loan payments, or tax offsets, (iv) any changes or modifications due to the IRS ruling in any fashion and for any reason that the credit is in variance from any amended return prepared by or with, in whole or in part, the Software and the Website. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

VIII. Disclaimers. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND OF THE SOFTWARE IS AT YOUR SOLE RISK. THE WEBSITE, WEBSITE CONTENT, AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (A) WARRANTIES THAT THE WEBSITE AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, THE WEBSITE CONTENT, AND/OR SOFTWARE; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE AND OF THE SOFTWARE; (D) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE INCLUDING WITHOUT LIMITATION THE SOFTWARE; (E) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR THE SOFTWARE; (F) WARRANTIES THAT YOUR USE OF THE WEBSITE AND/OR WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

IX. Limitation on Liability.

(A) UNDER NO CIRCUMSTANCES SHALL THE COMPANY AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD- PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

(B) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE COMPANY AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE COMPANY DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.

(C) IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY, SUCH AS SET FORTH ABOVE ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS SHALL APPLY.

X. Termination.
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Company shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.

(B) If you become a registered user, you may terminate your Membership at any time by sending an e-mail to [email protected] ; provided, that, to the extent you have used the Software, we will continue to avail ourselves of the rights hereunder, as applicable, after your requested termination.

(C) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, without limitation the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choose of law, and forum and venue.

XI. Applicable Law; Venue; Forum. The parties agree that it is their intention and covenant that this agreement and performance under it and all suits and special proceedings relating to it be construed in accordance with and under and pursuant to the laws of the State of Florida and that in any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this agreement, the laws of said State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted. The exclusive venue for any and all disputes between you and the Company, for any reasons whatsoever, shall be arbitration, governed by the rules of the American Arbitration Association (“AAA”), which arbitration shall take place in Broward County, Florida. Such arbitration under the AAA rules shall be buy a panel of three (3) arbitrators. You agree that this applicable law provision is a material inducement by you to the Company so that the Company can rely on your promise that this is the exclusive choice of law, venue and forum. Therefore, in the event that you attempt to file, or proceed to file or proceed, in any other forum or venue, other than arbitration in Broward County, Florida, you agree that such is a material breach of the TOU by you and that such attempt to proceed in an alternative forum or venue shall, without limitation, release the Company from all of the obligations that the Company may be alleged to have to you, thereby rendering the obligations of the Company under the TOU and the Software void and voidable by the Company at the Company’s sole and absolute discretion.

XII. Amendment; Additional Terms.
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Website generally, unique parts of the Website, or both. (B) Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control. (C) Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, you may terminate your Membership as provided in herein or, if you do not have a Membership, your only recourse is to immediately discontinue use of the Website.

 

XIII. Miscellaneous. (A) Severability: The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. (B) No Waiver: The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. (C) Notices: Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party. (D) Entire Agreement: This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. (E) Assignment of Rights: The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party; except that the Company may assign its rights to an affiliate or a third-party without your consent.

 

XIV. Privacy Statement.

(A) The privacy statement in the TOU augments the SPP that you have agreed to. When accessing our Website, the Company will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site. If you visit our site to including to read or download information on our pages, we collect and store the following information about you:

(1) the name of the domain from which you access the Internet;
(2) the date and time you access our site; and
(3) the Internet address of the Web site you used to link directly to our site.

(B) If you identify yourself by sending us an e- mail containing personal information and/or via the Software, then the information collected will be used to respond to your message.

(C) Information collected is for statistical purposes and as otherwise set forth in our SPP. The Company uses, or may use, directly or indirectly, through affiliates or third-parties, software programs to create summary statistics (different that the Software referenced herein), which programs are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.

(D) For site security purposes and to ensure that this service remains available to all users, to the extent commercially reasonable, the Company uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

(E) The Company will not obtain personally identifying information about you simply when you visit our site, unless you choose to provide such information to us on the Website and/or the Software, nor will such information from your basic visit (i.e. not from the Software or what you provide to us about yourself) be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection, as set forth in these TOU, SPP, and/or SSA.

(F) California Privacy Rights. Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at: United Business Solutions NY LLC , 515 Broadhollow Rd Melville NY 11747, and [email protected].

(G) Third Party Ad Server Networks. The Website may use third parties such as network advertisers to serve advertisements on the Website and may use traffic measurement services to analyze traffic on the Website. Network advertisers are third parties that display advertisements based on your visits to the Website and other Websites you have visited. Third-party ad serving enables us to target advertisements to you for products and services in which you might be interested. The Website’s third-party ad network providers, the advertisers, the sponsors and/or traffic measurement services may themselves set and access their own cookies on your computer if you choose to have cookies enabled in your browser and track certain behavioral information regarding users of your computer via a Device Identifier. These third-party cookies are set to, among other things: (1) help deliver advertisements to you that you might be interested in; (2) prevent you from seeing the same advertisements too many times; and (3) understand the usefulness to you of the advertisements that have been delivered to you. Note that any images (or any other parts of a web page) served by third parties in association with third party cookies may serve as web beacons, which enable third parties to carry out the previously described activities. Third party cookies and web beacons are governed by each third party’s specific privacy policy, not this one.

(H) Public Forums, If Any. We may offer chat rooms, message boards, bulletin boards, or similar public forums where you and other users of our Website can communicate. The protections described in this Privacy Policy within the TOU and in the SPP do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Website.

(I) Keeping Your Information Secure. We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse, and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time, we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.

(J) Other Sites; Links. Our Website may link to or contain links to other third party Websites that we do not control or maintain, such as in connection with purchasing products referenced on our Website and banner advertisements. We are not responsible for the privacy practices employed by any third party Website. We encourage you to note when you leave our Website and to read the privacy statements of all third party Websites before submitting any personally identifiable information.

(K) Contact and Opt-Out Information. You may contact us as at [email protected] if: (1) you have questions or comments about our Privacy Policy under the TOU and the SPP; (2) wish to make corrections to any personally identifiable information you have provided; (3) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (4) wish to withdraw your consent to sharing your personally identifiable information with others. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website including the Software and, to the extent that you have used the Software, we may continue to maintain the information in connection therewith for a rights and duties pursuant to your Software usage.

(L) No Summary Applies. This Privacy Policy as posted on this Website under the TOU is the sole statement of our privacy policy with respect to this Website, except as may be augmented and supplemented by the SPP and SSA and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post new or revised policy(ies) to the Website.