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​-  TERMS OF USE OF THIS WEB SITE  - 
 

  Terms of Use

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.  Your use of this website is expressly conditioned on your acceptance of the following terms of use and the related Privacy Policy.  By using this website, you signify your assent to these terms and conditions.  If you do not agree with any part of the following terms and conditions, do not use this website; Copyright © 2007, The KEELEN COMPANY | Nature’s Mills and/or any of its family of brands | subsidiaries ALL RIGHTS RESERVED.

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OWNERSHIP.  This website, and each of its components, is the copyrighted property of The KEELEN COMPANY (Nature’s Mills).

“The KEELEN COMPANY” and its affiliates, various third-party providers and distributors; portions of the content found on this website may be owned by such affiliates, third-party providers and distributors and is the copyrighted work of the respective third-party providers.  None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission (consent) of The KEELEN COMPANY |Nature’s Mills and its third-party providers and distributors.  In addition, the trademarks, logos and service marks displayed on this website (collectively, the “Trademarks”) are registered and common-law trademarks of The KEELEN COMPANY and/or its Nature’s Mills brands, or its affiliates, and various third parties.  Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of The KEELEN COMPANY or such other party that may own the Trademark.

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USE OF SITE.  You may only use this website to browse the content, make inquiries to The KEELEN COMPANY | regarding Nature’s Mills Brand and/or any of its other family of brands, order The KEELEN COMPANY products and not for any other purposes. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of The KEELEN COMPANY, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only.  “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing.  Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.  

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You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials.  The use of such materials on any other website or in any environment of networked computers is prohibited.  You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.  The links from this website to any other websites are provided for your information and convenience only.  

 

The KEELEN COMPANY | Nature's Mills does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation.  The KEELEN COMPANY | Nature's Mills does not review or monitor such links.  A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website.  While this website may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites.  You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  

 

In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized KEELEN COMPANY | Nature’s Mills personnel (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).

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Throughout the site, the terms “we”, “us” and “our” refer to The KEELEN COMPANY. The KEELEN COMPANY offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.  By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

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Again, please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our discretion, to update, change, remove or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

   ONLINE STORE TERMS

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By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. You must not interfere or tamper with the functioning of the site, nor may you attempt to gain access to information or control of the site not specifically granted to you. You must not knowingly provide or post any false, misleading, or fraudulent information. Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive. A breach or violation of any of the Terms will result in an immediate termination of your Services.

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GENERAL CONDITIONS.  We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to

the Service or any contact on the website through which the Service is provided, without express written permission by us. The headings used in this Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

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AGE AND RESPONSIBILITY.  You represent that you are of legal age to use this website and to create binding legal obligations for any liability you may incur because of the use of this website.  You understand that you are financially responsible for all uses of this website by you and those using your Access Codes (defined hereafter).

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AGE OF CONSENT. Our websites are general audience sites that are not designed nor intended to collect Personal Information from minors under the age of 18. To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Personal Information. We will not knowingly collect, use, or disclose Personal Information from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian). By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. We ask that parents supervise their children while online.

 

PRIVACY. You represent that you have read The KEELEN COMPANY | Nature’s Mills Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to The KEELEN COMPANY by The KEELEN COMPANY and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in The KEELEN COMPANY Privacy Policy.

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SPECIALS PROMOTIONS AND SWEEPSTAKES | CONTESTS. Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.  THE RULES MAY SUPERSEDE THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY.   PASSWORDS.  When you order you will be given the opportunity to create an account.  In that regard, you will be permitted to create your own username and passwords (“Access Codes”).  Thereafter, you may utilize those Access Codes to obtain access to your account.  You will be responsible for any activities conducted using Access Codes you created.

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EXCLUSION OF WARRANTY. THE KEELEN COMPANY AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS.  THE KEELEN COMPANY AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS.  THE KEELEN COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE KEELEN COMPNY COMPUTER SYSTEM.  THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

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Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. The KEELEN COMPANY may make additions, deletions, or modifications to the information at any time without any prior notification.

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LIMITATION OF LIABILITY. THE KEELEN COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL THE KEELEN COMPANY OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY THE KEELEN COMPANY OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

 

INDEMNIFICATION.  You shall defend and indemnify The KEELEN COMPANY and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties because of your use of this website.

 

EMPLOYMENT.  From time to time, The KEELEN COMPANY may place vacancy announcements on this website, seeking applications from candidates who desire employment with The KEELEN COMPANY or one of its related entities.  However, The KEELEN COMPANY is under not any obligation to screen or review any applications or to offer any vacancy announcement or other employment opportunities.  As a result, The KEELEN COMPANY does not certify the existence, type or quality of the jobs posted the accuracy of the listings, the suitability of any job opportunities to candidates or the continued existence of the job after posting.  This website and all job-related information they contain are provided “AS IS.”  THE KEELEN COMPANY makes no representations about the accuracy, reliability, or completeness of the JOB-RELATED OR OTHER information provided on this Website.  The KEELEN COMPANY does not guarantee that any employment position will be offered to any of the candidates submitting information.  By using this website, you assume the risk that the information on this website may be incomplete, inaccurate, out of date, or that a specific posting may not meet your needs and requirements.  You also agree that any information you submit, whether or not it is in response to any posted vacancy, are truthful and complete.

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SUBMISSIONS.  “Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to The KEELEN COMPANY regarding the products or services of The KEELEN COMPANY.  Submissions will not be confidential and will become the property of The KEELEN COMPANY upon submission to The KEELEN COMPANY | Nature’s Mills.  By providing any Submissions, you agree to assign to The KEELEN COMPANY | Nature’s Mills, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions.  You represent and warrant that any Submission you provide to The KEELEN COMPANY | Nature’s Mills will be complete and accurate.  You acknowledge that you are responsible for the Submissions that you provide, and that you,

not The KEELEN COMPANY | Nature’s Mills, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

 

Except as expressly stated and agreed upon in advance by The KEELEN COMPANY| Nature’s Mills, no confidential relationship shall be established if any user of this website should make any oral, written or electronic communication to The KEELEN COMPANY | Nature’s Mills (such as feedback, questions, comments, suggestions, ideas, etc.).  

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If any of The KEELEN COMPANY | Nature’s Mills website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), The KEELEN COMPANY | Nature’s Mills shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and The KEELEN COMPANY | Nature’s Mills shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.  The sender of any information to The KEELEN COMPANY | Nature’s Mills is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

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PRODUCT AND SERVICE AVAILABILITY.  Reference to any product or service on this website constitutes an offer to sell or supply that product or service and does not mean that the product or service is available at the moment you order it.  The KEELEN COMPANY | Nature’s Mills manages all or portions of this website from Georgia, in the United States of America.  The KEELEN COMPANY | Nature’s Mills in no way implies that the materials on this website are appropriate or available for use outside of the United States and/or outside of its origin in which it does business | operates and we may not be able to fill your order if you require shipping outside of the United States or its international territories.

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We cannot guarantee that a product will actually ship right away, as inventory can change significantly from day to day.  In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed.  If an item is in your shopping cart when you place your order, but is sold out by the time your order is processed, we will notify you by e-mail that your order will not be filled and you will not be charged.

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COLORS.  The KEELEN COMPANY | Nature’s Mills attempts to display the colors of our products as accurately as possible.  Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

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BACKORDERS (OUT OF STOCK).  Backordered merchandise includes items that are not currently in stock.  In most cases, these items are on order from our processing facilities or suppliers.  In some cases, we are researching or waiting for stock information from one or more of our suppliers.  We will notify you if a backorder situation exists.

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PRICES AND AVAILABILITY.  PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THIS WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.  The listing, description of, or reference to, a product or service on this website does not imply that the product or service is presently available.  If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price.

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MODIFICATIONS TO THE SERVICE AND PRICES.  Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time and in our sole discretion. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

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Please note:  If you are accessing the site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.

 

PRODUCTS OR SERVICES (if applicable).  Certain products or services may be available exclusively online through the website. These products or services may have limited quantities. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

ORDER ACCEPTANCE.  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all.  We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.  We may require additional verifications or information before accepting any order.

 

SALES TAX. Sales tax charges are based on state and local tax laws and tax rates for the delivery address of your order.  Where required, tax will also be applied to the shipping and handling charges.  If you return an item for a refund, you will also receive a refund for the taxes you paid for that item.  You will not receive a refund for the taxes you paid on the shipping and handling of that item, as the shipping and handling charges are nonrefundable once an item has been shipped.  Please note that on-screen order totals reflect estimated tax.  The actual charge to your credit card will reflect all applicable taxes calculated at the time your order is shipped.

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• Shipping, taxes, and discounts calculated at checkout.

 

REGISTRATION AND SECURITY.  If you wish to purchase any products or use certain services on this website, you must provide certain minimum the required information to us.  By entering any information on this website, you represent and warrant that: (i) you are of legal age in the state in which you reside; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.  Additionally, you agree to maintain the strict confidentiality of your account and any Access Codes that you have chosen. Remember that you are responsible for all activity that occurs under your account or Access Codes.  We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.  All information provided to us will be used in accordance with our Privacy Policy.

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If you want to cancel your Access Codes, or if you become aware of any loss, theft or unauthorized use of an Access Code, please notify us immediately at Info@naturesmills.com. We may delete or change any Access Code at any time and for any reason.

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PAYMENT.  You are responsible for any payments due for any products or services ordered through your account or Access Codes.  You are also responsible for any costs of collection for overdue payments. Again, shipping, taxes, and discounts calculated at checkout.

 

RELATIONSHIP.  Your use of this website is independent of The KEELEN COMPANY | Nature’s Mills and not as an employee, agent, partner, or joint venture with The KEELEN COMPANY | Nature’s Mills for any purpose.  We will permit our independent sales representatives to access portions of this website.

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GOVERNING LAW.  This Agreement and its performance shall be governed by the laws of the State of Georgia, United States of America, without regard to its conflict of law’s provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Georgia, United States of America, in all questions and controversies arising out of your use of this website and these Terms of Use and the related Privacy Policy.

 

ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.  MODIFICATION. The KEELEN COMPNY may modify these Terms of Use in its discretion, at any time, without notice.  Your use of this website will be conditioned upon the Terms of Use posted on this website at the time of your use.  Please be sure to review our Privacy Policy proceeding to use this website.

 

ADDITIONAL TERMS.  Additional terms and conditions may apply to purchases of certain goods and services and for the use of portions of this website, and you agree to abide by such other terms and conditions.

 

SEVERABILITY.  These terms and conditions are severable.  If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

HEADINGS.  The heading used in these Terms of Use and the related Privacy Policy are included by convenience only and will not limit or otherwise affect these Terms of Use or the related Privacy Policy.

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ENTIRE AGREEMENT.  These terms and conditions and the related Privacy Policy, together with those incorporated herein or referred to herein constitute the entire agreement between The KEELEN COMPANY | Nature’s Mills and/or any of its other family of brands and you relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.

 

   INTERNATIONAL USERS

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Our Site is based in the United States. If you are visiting from the European Union or other region with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information, you expressly consent to any transfer and processing in accordance with this Policy while acknowledging that privacy laws in the United States may be different, and in some cases, less protective, than those in effect in your jurisdiction.

 

   Users in the European Union (the “EEA”) and Switzerland. If you are a resident of the EEA or Switzerland, the following                      information applies.

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• Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of our Site. We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide services; and (3) as necessary for our legitimate interests in providing the services where those interests do not override your fundamental rights and freedom related to data privacy.

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• Right to lodge a complaint: Users that reside in the EEA or Switzerland have the right pursuant to the General Data Protection Regulation (“GDPR”) to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here [link: https://edpb.europa.eu/about-edpb/board/members_en].

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• Transfers: Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We will ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.

 

• Individual Rights: If you are a resident of the EEA or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal data prior to accessing any records containing information about you.

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 The right to request data erasure. You have the right to have your data erased from our Sites if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing. The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise  of official authority (including profiling);  using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.