Infusiasm.com Terms of Service
ACCESS TO THIS SITE
YOU MUST BE TWENTY ONE (21) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER TWENTY ONE (21) YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
RESTRICTIONS ON USE
You may not use this site for any illegal purpose, and by using this site you represent and warrant to Infusiasm that your usage of the site conforms to all applicable law.
This site may be hyperlinked to other sites which are not maintained by, or related to, Infusiasm or the third parties that provide Content. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or Infusiasm. Infusiasm has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user’s own risk, and Infusiasm makes no representations or warranties about the safety or content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by Infusiasm of that site.
You understand that Infusiasm cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You, not Infusiasm, are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Infusiasm does not assume any responsibility or risk for your use of the Internet, and expressly disclaims any responsibility to do so or any attendant liability. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Infusiasm. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Infusiasm disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Infusiasm does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Infusiasm may make changes or improvements at any time (including while you are accessing the site). You, and not Infusiasm, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. INFUSIASM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Infusiasm does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.
LIMITATION ON LIABILITY
LIVWELL HOLDINGS, INC., BEYOND BROADWAY, LLC, GREEN BRANDS, LLC AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LIVWELL HOLDINGS, INC., BEYOND BROADWAY, LLC, GREEN BRANDS, LLC AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Trademarks, service marks, and logos appearing in this site are the property of Green Brands, LLC or the party that provided the trademarks, service marks, and logos to Infusiasm. Infusiasm and any party that provided trademarks, service marks, and logos to Infusiasm retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this site any material that: you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.
Specifically, this Policy will explain:
a) What personally identifiable information (“PII”) is collected from you through our website;
b) Why we collect PII and the legal basis for such collection;
c) How we use collected PII and with whom it may be shared;
d) What choices are available to you regarding the use of your data; and
e) What security procedures we have in place to protect against misuse of collected PII.
Information We Collect
Whether you disclose PII to us is your decision, now and in the future, however some products and services can only be provided with the disclosure of certain information. Should you choose not to disclose PII Infusiasm reserves the right to decline to register you as a user or provide certain products or services. Infusiasm may collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race, and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining quality service. Infusiasm may ask you to voluntarily provide and may collect PII, including but not limited to your name, e-mail address, phone number, purchase information, or correspondence conducted via the website.
Infusiasm.com may use information you voluntarily provide, cookies, web beacons, tracking pixels, and other tracking technologies, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”) to help customize the Site, improve your experience, and for marketing or advertising purposes.
Why We Collect Information and for How Long
We collect your data to:
a) Better understand your needs and provide you with requested services, including queries received from you via the Site;
b) Advance our legitimate interest in improving our services and products;
c) Provide promotional and/or marketing emails upon your consent;
d) Request your participation in surveys and other market research upon your consent;
e) Use your preferences and online behavior to customize our website.
All data collected from you will be stored for the minimum duration necessary, which shall be determined by: 1) How long your information remains relevant, 2) what constitutes a reasonable time period to retain records to fulfill our duties and obligations, 3) limitation periods within which claims might be made, 4) mandatory or recommended retention periods, 5) the nature of any contract we may have with you, 6) the existence of your consent, and 7) our legitimate interest in retaining such information as stated in this Policy.
Use of Collected Information
Infusiasm may collect and use collected information to assist in the operation of our website and to ensure delivery of the services you need and request. We may also use PII to inform you of products and services in which you might be interested, and/or to request your participation in surveys and/or questionnaires. Any data you provide as part of any surveys and/or questionnaires shall be kept by Infusiasm as well.
Disclosure of Information
Infusiasm may only use or disclose the information you provide under the following circumstances:
a) as necessary to provide you services or products;
b) as described in this Policy or in ways to which you have consented;
c) when sufficiently aggregated and anonymized with other information to prevent your identity from reasonably being determined;
d) as required by law, or in response to a subpoena or search warrant;
e) to outside auditors who are obligated to keep the information confidential;
f) as needed to enforce the Terms of Service;
g) as needed to maintain, safeguard, and preserve the rights and property of Infusiasm.
Children Under the Age of 13
You must be at least 21 years old to use this website. If you are under 21 years old you are not permitted to use this website for any reason. No information obtained by this site requires monitoring per the Child Online Privacy Act (“COPA”).
Your Rights as to Collected Data
All users and visitors to this website have the option to stop receiving communications from us, such as emails and newsletters, sometimes known as the “Right to be Forgotten.” To unsubscribe from our website please email email@example.com. Any PII previously collected will be treated per the terms of this Policy.
You may also contact the email address above at any time, to:
Infusiasm will provide its best reasonable efforts to comply with user and visitor requests relating to the above.
Sharing Your Personal Data and Third Party Advertisers.
We share your information with at least one third party for the following purposes:
Links to Other Websites
Our website contains links to affiliate and third-party websites. Infusiasm specifically disclaims any responsibility for any privacy policies, practices, and/or procedures of websites accessed through such links. This Policy applies solely to the information collected by this website.
Notice to European Union Users
Infusiasm’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (“EU”) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.
We take the security of your data seriously and use appropriate technologies and procedures to protect it according to the risk level and service provided. Precautions are taken to protect your information, and sensitive information submitted on this website is protected both online and offline. Sensitive information is encrypted and transmitted to us securely, as indicated by the lock icon in the address bar and “https” preceding the address of the webpage. Access to PII is limited to our employees who need the information to perform a specific job. The computers used to store PII are kept in a secure environment, with access permitted only to our specific employees that require access related to their positions. These steps are taken to prevent any loss, misuse, unauthorized access, disclosure, or modification of your PII within our control.
Despite these precautions and security measures, Infusiasm can never fully guarantee total security of data shared and stored online. Use of the Site is, ultimately, at your own risk. If any of the settings or procedures of the Site are circumvented by user, Infusiasm is not liable under any theory of law for any consequences of said action.
Acceptance of Terms
By using this website you are hereby accepting the terms and conditions stipulated within this Policy. If you do not agree with our terms and conditions you should refrain from further use of this website.
If you have any questions or concerns regarding this Policy related to our website, you may contact us at firstname.lastname@example.org or 720-240-9885.
What Are Cookies
Cookies are small files that contain information about browsing activity. When you visit Infusiasm.com, the website sends a cookie to the device you are using to access the website. Your device stores the cookie in a file that is located within your web browser, so when you revisit the website it can respond in a more personalized way. While most web browsers automatically accept cookies, you may be able to adjust your browsers’ settings to decline cookies or alert you when a website is attempting to place a cookie on your computer. The Site will provide you with the opportunity to decide which cookies are used during your visit.
We use persistent cookies to track your response regarding whether you are twenty-one years of age or older. Once you respond to our default question about your age, Infusiasm.com will be personalized to remember your response for twenty-four hours. After twenty-four hours have passed, the cookie will be deleted. We use third party cookies for marketing and advertising, as discussed in the immediately preceding section.
When you accept all cookies upon entering the Site, you are consenting to Surfside’s terms as well.
How to Control or Delete Cookies
Because the only cookies we utilize are strictly necessary to ensure compliance with applicable laws, rules, and regulations, it is not possible to access Infusiasm.com without allowing our cookies. You may “opt out” of our cookies at any time and delete cookies, however disabling cookies will prevent you from using the website. Please refer to your browser Help instructions to learn more about cookies and other tracking devices and how to manage their use. The process of refusing or deleting cookies is exclusive to an individual computer or web browser and must be repeated if you change computers or web browsers. Additional help regarding how to reject cookies can be found at www.allaboutcookies.org.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS INFUSIASM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY INFUSIASM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER INFUSIASM OR LAW ENFORCEMENT AUTHORITIES.
CONTRACTING THROUGH THIS SITE
If you use this site to order from Infusiasm, these terms and conditions are hereby incorporated into any purchase order or other contract entered into between you and Infusiasm. In addition, regardless of any terms or conditions submitted by you, and regardless of the timing of such a submission, all of Infusiasm’s terms and conditions are superior and binding. If this is not acceptable to you, please do not order goods from this site. Contact a customer representative directly to mutually negotiate terms.
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