CARINA MEDIA PRIVACY POLICY
INTRODUCTION
Carina Media, LLC (hereinafter referred to as: “we”, or “us” or “our”) respects the privacy of our users (hereinafter referred to as: “user”, “you”, or “your”). Protecting your private information is our priority. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website www.carinamedia.com including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site). Please read this privacy policy carefully. If you do not agree with any of the terms of this privacy policy, please do not access the Site.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We always indicate the date the last changes were published via the “Last Updated” date under the Privacy Policy section. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification.
You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Site after the date such revised Privacy Policy is posted.
PRIVACY POLICY
Last Updated June 1, 2021
If you have any questions or concerns about this privacy notice or our practices with regards to your personal information, please contact us at contact@carinamedia.com.
Please read this privacy policy carefully as it will help you understand what we do with the information that we collect.
1. INFORMATION WE COLLECT
1.1. Personal information you disclose to us.
In Short: We collect information that you provide to us.
a) We may collect personal information about you in a variety of ways. The personal information we may collect on the Site includes:
Personal Data: personally identifiable information, such as names; phone numbers; email addresses; mailing addresses; job titles; contact preferences; usernames; passwords; contact or authentication data; and other similar information, that you voluntarily give to us when you register with the Site or when you choose to participate in various activities related to the Site, such as online chat, online forms, and online payment. You are under no obligation to provide us with personal information of any kind, however, your refusal to do so may prevent you from using certain features of the Site or our services.
Payment Data: financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date, security code associated with your payment instrument) that we may collect when you purchase, order, or request information about our services from the Site. We store only limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor Wix Payments and you are encouraged to review their privacy policy and contact them directly for responses to your questions.
Contests, Giveaways, and Surveys Data: personal and other information you may provide when entering contests or giveaways, and/or filling out a survey.
Social Media Login Data: we may provide you with the option to register with us using your existing social media account details, like your Facebook or other social media account. If you choose to register in this way, we will collect the information described in clause 7.
b) All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.
2. INFORMATION AUTOMATICALLY COLLECTED
In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Site.
2.1. We may collect information about you in a variety of ways. The information we may collect on the Site includes:
a) Derivative Data: information our servers automatically collect when you access the Site, such as your IP address, browser, and device characteristics, operating system, language preferences, referring URLs, device name, country, location, access times, and pages you have viewed directly before and after accessing the Site, and other technical information. This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes.
2.2. Like many businesses, we also collect information through cookies and similar technologies. The information we may collect includes:
a) Log and Usage Data: log and usage data are service-related, diagnostic usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
b) Device Data: We collect device data such as information about your computer, phone, tablet, or other devices you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system configuration information.
c) Location Data: We collect information data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type of settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt-out of allowing us to collect this information either by refusing access to the information or by disabling your Locations settings on your device. Note, however, if you choose to opt-out, you may not be able to use certain aspects of the Services.
d) Browser Extensions
3. HOW WE USE YOUR INFORMATION
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
3.1. Having accurate information about you allows us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information we collect or receive about you via the Site to:
a) Facilitate account creation and logon process: if you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See clause 7 for further information.
b) Post testimonials: we post testimonials on our Services that may contain personal information. If you wish to update or delete your testimonial listed on our Site, please contact us at contact@carinamedia.com and be sure to include your name, testimonial information/update or request for removal, and contact information.
c) Request feedback: we may use your information to request feedback and to contact you about your use of our Services.
d) Administer sweepstakes, promotions, giveaways, and contests: we may use your information to administer prize draws and competitions when you elect to participate in our competitions or giveaways.
e) Assist law enforcement and respond to subpoena: if we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
f) Compile anonymous statistical data and analysis for use internally or with third parties
g) Create and manage your account: we may use your information for the purposes of managing our account and keeping it in working order.
h) Send you marketing and promotional communications: we and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time see clause 12.2.
i) Email you regarding your account or order
j) Deliver and facilitate delivery of services to the user: we may use your information to provide you with the requested service.
k) Enable user-to-user communications: we may use your information in order to enable user-to-user communications with each user's consent.
l) Fulfill and manage purchases, orders, payments, and other transactions related to the Site: we may use your information to fulfill and manage your orders, payments, returns, made through the Services.
m) Generate a personal profile about you to make future visits to the Site more personalized
n) Increase the efficiency and operation of the Site
o) Monitor and analyze usage and trends to improve your experience with the Site
p) Notify you of updates to the Site
q) Offer new products, services, and/or recommendations to you
r) Perform other business activities as needed
s) Prevent fraudulent transactions, monitor against theft, and protect against criminal activity
t) Resolve disputes and troubleshoot problems
u) Respond to product and client service requests: we may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
v) Deliver targeted advertising to you: we may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
w) Enforce our terms, conditions, and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract
4. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
4.1. We may process or share information/data we have collected about you in certain situations. Your information/data may be disclosed on the following legal basis:
a) Legal Obligations: we may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
b) Vital Interests: we may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
c) Performance of a Contract: where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
d) Vendors, Consultants, and Other Third-Party Service Providers: we may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service, and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data on our behalf about how you interact with our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages, or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent, or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.
e) Third-Party Advertisers: we may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to the Site and other websites that are contained in web cookies in order to provide advertisements about goods and services of interest to you.
f) Affiliates: we may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
g) Business Partners: we may share your information with our business partners to offer you certain products, services, or promotions.
h) Consent: we may process your data if you have given us specific consent to use your personal information in a specific purpose.
i) Interactions with Other Users: if you interact with other users on the Site, those users may see your name, profile photo, and descriptions of your activity, including sending invitations to other users, chatting with other users, liking posts, following blogs.
j) Online Postings: when you post comments, contributions, or other content to the Site, your posts may be viewed by all users and may be publicly distributed outside the Site in perpetuity.
k) Legitimate Interests: we may process your data when it is reasonably necessary to achieve our legitimate business interests.
l) Business Transfers: we may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
4.2. We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
5. USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES
In Short: We may use cookies and other tracking technologies to collect and store your information.
5.1. We may use cookies and similar tracking technologies (like web beacons and pixels) on the Site to access or store information to help customize the Site and improve your experience. For more information on how we use cookies, please refer to our Cookie Policy posted on the Site, which is incorporated into this Privacy Policy. By using the Site, you agree to be bound by our Cookie Policy.
5.2. Internet-Based Advertising: additionally, we may use third-party software to serve ads on the Site, implement email marketing campaigns, and manage other interactive marketing initiatives. This third-party software may use cookies or similar tracking technology to help manage and optimize your online experience with us. For more information about opting-out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
5.3. Website Analytics: we may also partner with selected third-party vendors, such as Adobe Analytics, Google Analytics, and others, to allow tracking technologies and remarketing services on the Site through the use of first-party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third-party vendor or the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
5.4. You should be aware that getting a new computer, installing a new browser, upgrading an existing browser, or erasing or otherwise altering your browser’s cookies files may also clear certain opt-out cookies, plug-ins, or settings.
6. THIRD-PARTY WEBSITES
6.1. The Site may contain links to third-party websites and applications of interest, including advertisements and external services, that are not affiliated with us. Once you have used these links to leave the Site, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites, you should inform yourself of the privacy policies and practices (if any) of the third-party responsible for that website, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Site.
7. SOCIAL LOGINS
In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.
7.1. Our Services offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform. If you login using Facebook, we may also request access to other permissions related to your account, such as your friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.
7.2. We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use, and share your personal information, and how you can set your privacy preferences on their sites and apps.
8. SECURITY OF YOUR INFORMATION
8.1. We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. We cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.
9. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
9.1. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than twelve (12) months past the termination of the user's account.
9.2. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
10. POLICY FOR CHILDREN/MINORS
In Short: We do not knowingly collect data from or market to children under 18 years of age.
10.1. We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data, we may have collected from children under age 18, please contact us at contact@carinamedia.com.
11. CONTROLS FOR DO-NOT-TRACK FEATURES
11.1. Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
12. OPTIONS REGARDING YOUR INFORMATION
12.1. Account Information
a) You may at any time review or change the information in your account or terminate your account by: Logging into your account settings and updating your account Contacting us using the contact information provided below
12.2. Emails and Communications
a) If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by: Noting your preferences at the time you register your account with the Site Logging into your account settings and updating your preferences. Opting out of such communications by unsubscribing via the UNSUBSCRIBE button/link on the email. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
12.3. Other
a) Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and/or comply with legal requirements.
13. USE OF WEBSITE
13.1. Your use of the Site is subject to the Company’s Privacy Policy. It is the responsibility and obligation of the User to review the Privacy Policy, which also governs the Site and informs users of the Company’s data collection practices.
13.2. ELECTRONIC COMMUNICATIONS
a) Visiting the Site or sending emails to the Company constitutes electronic communications. The User consents to receive electronic communications and agrees that all agreements, notices, disclosures, and other communications that the Company provides to the User electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
13.5. NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
a) The User is granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms and conditions. As a condition of the User’s use of the Site, the User warrants to the Company that he/she will not use the Site for any purpose that is unlawful or prohibited by these Terms. The User may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
b) All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. The User agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
c) The User will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Company content is not for resale. The User’s use of the Site does not entitle the User to make any unauthorized use of any protected content, and in particular the User will not delete or alter any proprietary rights or attribution notices in any content. The User will use protected content solely for his/her personal use and will make no other use of the content without the express written permission of the Company and the copyright owner. The User agrees that he/she do not acquire any ownership rights in any protected content. The Company does not grant the User any licenses, express or implied, to the intellectual property of the Company or its licensors except as expressly authorized by these Terms.
13.6. INTERNATIONAL USERS
a) The Site is controlled, operated, and administered by the Company from our offices within the United States of America. If the User accesses the Site from a location outside the United States of America, the User is responsible for compliance with all local laws. The User agrees that he/she will not use the Company’s Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
13.7. INDEMNIFICATION
a) The User agrees to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of the User’s use of or inability to use the Site or services, any user postings made by the User, his/her violation of any terms of this Agreement, his/her violation of any rights of a third party, or his/her violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event he/she will fully cooperate with the Company in asserting any available defenses.
13.8. ARBITRATION
a) In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
13.9. CLASS ACTION WAIVER
a) Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both the User and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
13.10. LIABILITY DISCLAIMER
a) THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
b) THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE USER. IF THE USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE
13.11. TERMINATION/ACCESS RESTRICTION
a) The Company reserves the right, in its sole discretion, to terminate the User’s access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and the User hereby consents to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
b) The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to the User’s use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
c) Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.