ANY USER OF OUR WEBSITE(S)(“YOU”) BY USING OUR WEBSITE(S) AND/OR SUBMITTING CONTACT OR PERSONALLY IDENTIFYING INFORMATION TO JIM ADAN & ASSOCIATES(“WE”, “US”) ACKNOWLEDGES AND AGREES TO BE BOUND BY THE FOLLOWING:
I. Jim Adan & Associates Active Use of Your Information.
A. Any other terms, conditions, or policies posted on our website(s) notwithstanding, Jim Adan & Associates reserves the right to retain, use and disclose any personally identifying or contact information you submit to us, whether submitted online or off, or made available to and collected by us incidental to your use as follows:
1. To process an order or respond to an inquiry submitted by you;
2. To comply with any law or regulation, or any order or decree by a court of competent jurisdiction;
3. To maintain our own internal books and records;
4. To market products and services to you
and/or;
5. As necessary to permit any employee, supplier, contractor, consultant, agent, counsel, partner, associate, subsidiary or other affiliate to perform the service or services we have partnered, directed, hired, retained or contracted them to perform, including, but not limited to, creating, preparing, or disseminating marketing materials on our behalf.
II. Passive Use of Your Information by Technological or Outsourced Process.
A. Pursuant to I.A.1-5, above, we hereby disclose to you, and you acknowledge said same disclosure to you by us, that in the course of offering, provisioning, maintaining, constructing, delivering and operating our website(s), as well as some or all other services and/or normal conduct of business, we employ a variety of technological tools and services, including but not limited to: computer software, computer hardware, servers, hosting, email, file transfer protocols, advertising services, websites, web applications, cookies, and tracking codes, which are developed and maintained by parties other than us, and that such parties may have access to, or be in factual physical or digital retentive or transmissive custody of, some or all of the information provided to and/or collected by us, and that there is an implicit risk that such parties may misuse, misappropriate, or improperly secure such information.
We believe the foregoing practices to be customary and anticipated in the modern business marketplace, and that such practices therefore fall within a reasonable standard of care. We do nonetheless endeavor to mitigate the aforementioned risk by using products and services offered by reputable companies who themselves purport to exercise a reasonable standard of care in handling and protecting the information with which they are entrusted.
By using our website(s) you consent to your information being used as herein described, implied, or referenced, and accept the risks explicit and implicit therein, and further agree to indemnify and hold harmless Jim Adan & Associates for any breach of your information security or privacy save those reasonably foreseeable and avoidable by us and resultant from our gross negligence.
III. Jim Adan & Associates Respects Your Privacy.
A. No Rental or Sale. Jim Adan & Associates will neither rent nor sell your contact or personally identifying information to any third party. The sharing of information pursuant to items I.A.1-5 of this policy, and as otherwise described above shall not be deemed to constitute the sale or rental of such information.
B. Opting Out. You may opt out of receiving marketing communications from us:
1. Marketing emails from us will include instructions for opting out of receiving future emails.
2. You may opt out of receiving marketing phone calls and/or mailings from us by giving us notice in writing, either by mail to 1052 West Alameda Ave., #380, Burbank, CA, 91506, or by email to info@jimadan.com. To the extent not required by law, we do this as a courtesy on a best effort basis. To the extent required by law, you acknowledge and agree that you may still receive marketing mail up to and including (90) days from the date of our receipt of such notice, as mailing campaigns including your address may already be in progress.
IV. General.
A. Severability. If any provision of this agreement or the application of such provision to any person or circumstance shall be held invalid, the remainder of this agreement or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
B. Interpretation. All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the context in which they are used may require. All headings and titles herein are inserted only for convenience and ease of reference and are not to be considered in the interpretation of any provision of this agreement.
C. Modification. Jim Adan & Associates reserves the right, in our discretion, to change or modify this policy at any time. The current version of this policy shall be the version posted online at www.jimadan.com. Use of our website shall constitute your acceptance of the posted version of this policy.
D. Authoritative Copy. This policy may be posted online in HTML or other standard web format, however, the PDF version, which shall also be made available for download, shall govern should a discrepancy exist between the two versions.
(END)
published: June 3, 2009
revised: January 26, 2010
revised: February 16, 2010
