PRIVACY POLICY, LEGAL NOTICE AND TERMS OF USE, & DISCLAIMER

PRIVACY POLICY
NASHFacts.com
Effective Date: March 20, 2019

Introduction

Your privacy is important to us. To better protect that privacy, CurranC Creative LLC (“Company”) is providing this notice to explain our online information practices and the choices you can make about the way your information is collected and used. This Privacy Notice applies only to the use and collection of data collected by NASHFacts.com (“Site”) and does not apply to any other data collected by Company online or offline.

As used in this Privacy Notice, “We” includes CurranC Creative LLC, and its related companies, as well as any third-party vendors we hire to assist in the administration of the Site. These vendors are required to maintain the confidentiality of the user information to which they become privy in accordance with the terms of this Privacy Notice and to otherwise abide by the terms of this Privacy Notice. These vendors are prohibited from using the user information for any other purpose.

Collection, Use and Sharing of Your Information

We collect two basic types of information: personally identifiable information and non-personally identifiable information; and we may also use personal and anonymous information to create a third type of information, aggregated statistical information. You can visit our Site and find out about the Company products and services without giving us any personally identifiable information about you. When you visit our Site, we do not collect any personally identifiable information without your consent. We collect and store information from you that you voluntarily choose to give us or enter on our Site, including but not limited to “personally identifiable information” such as your name, address, e-mail address, etc. If you do not want the Company to collect your personally identifiable information, please do not provide it to us.

Our primary purpose in collecting and processing such information is to provide you with services that you request or to personalize product information for you.

We may also use your personally identifiable information to provide you with additional information about our products and services, to provide you with advertising based on your activity on our websites and applications and on third-party sites and applications, to optimize or improve our products, services and operations, and to detect, investigate and prevent activities that may violate our policies or be illegal. We may also share your personally identifiable information with affiliates, our agents, contractors, or business partners in order that they may perform services for us. We may also collect non-personally identifiable information from Site visitors, which includes information that does not directly or indirectly identify, and cannot reasonably be used to identify, an individual visitor. This can be technical information or it can be demographic information, such as your age, gender or interests. Non-personally identifiable information does not identify you personally. We will share your personal information with third parties only in the ways that are described in this Privacy Notice. We do not sell your personal information to third parties. We may conduct research on users’ demographics, interests and behaviors based upon information provided to us during use of our Site and we may combine your information with information collected from other individuals to produce anonymous, aggregated statistical information. Aggregated data does not include personally identifiable information. We use this demographic information, such as the percentage of male or female visitors to improve the content of our Site. We also may share this anonymous, aggregated information, which does not include personally identifiable information, with third parties.

Public Forums

You should also be aware that any communication you submit or that may be posted to any publicly viewable interactive feature such as a blog, community forum or testimonial page is a public communication and may be viewed by the general public. Therefore, you acknowledge and agree that you do not expect privacy or confidentiality of the content you submit to such services over our websites, whether or not it includes personal information about you. If you display your personal information in any communication submitted to such services or features, other individuals may collect and use your personal information. We are not responsible for, nor can we guarantee the protection of, any personal information you disclose in a communication submitted to such services or features for posting or contained in an email or other communication submitted to us for such posting, and thus, you acknowledge that if you disclose personal information in any such material, you do so at your own risk.

Testimonials

From time to time, we display personal testimonials on our Site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected]

Data Retention

While the information you provide will be retained for a commercially reasonable time by Company for administrative, liability, and archival purposes, your personally identifying information is not shared with a third party, other than (i) as required by law, (ii) to protect and defend the rights of Company, the Site, or the users of the Site, (iii) as incident to a corporate sale, merger, reorganization, dissolution, bankruptcy, or similar event, (iv) under circumstances we believe reasonably necessary to protect the personal safety of users of Company products and services, the Site or the public, or (v) as is otherwise described in this Privacy Notice.

Communications

We may collect your personal or professional contact information on this Site to provide you product information or other requested information or services. If you wish to subscribe to a newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at [email protected]

Surveys

We may provide you the opportunity to participate in surveys on our Site. If you participate, we will request certain personally identifiable information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and email address), and demographic and/or health information (such as zip code and health condition information).

Social Media Features

Our Site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our Site. These Features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy notice of the company providing it.

Security and Use of Information

To prevent unauthorized access to the Site or any portion thereof, maintain data accuracy, and ensure the correct use of information, we have enacted commercially reasonable physical, electronic, and managerial procedures to safeguard and secure, during transmission and storage, the information we collect online.

Special Note Regarding Website Use By Children

Company does not knowingly collect or solicit personal information from anyone under the age of 18. Our websites are not intended or designed to attract children. If you are under 18, please do not send any personal information about yourself to Company. If you believe that we might have any information from or about a child under 18, please contact us at [email protected] and we will delete such information.

Links to Other Websites

As a resource to our visitors, the Site provides links to other websites. Please be aware that these other websites are not covered under the Company’s Privacy Notice. We suggest that when linking to another site, you always read that website’s privacy notice before volunteering any personally identifiable information.

Cookies and IP Addresses

Cookies are text files that are stored on a website user’s computer by the Site. Cookies typically contain user-related information such as preferences, status, settings, etc. The purpose of most cookies is to make use of the Internet easier and quicker. Most browsers allow the user to choose settings that allow the use of cookies that provide notice to the user when cookies are being stored, and/or that refuse all cookies.

We may collect information through technology, such as cookies, Flash cookies and Web beacons (also known as “clear gifs,” “web bugs” or “pixel tags”), including when you visit our websites and applications or use our applications on third-party sites or platforms. (See additional information below). You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. Cookie management tools provided by your browser will not remove Flash cookies. Web beacons may be used to allow us to count users who have visited certain pages of the Site and to help determine the effectiveness of promotional or advertising campaigns. Web beacons can tell the sender whether and when the email has been opened. ln contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages. An IP address is a unique identifying number that is automatically assigned to any computer connected to the Internet. Depending on the nature of your Internet connection, the IP address may change each time you connect or may always be the same number. We reserve the right to log IP addresses for system administration, security, statistical analysis, demographic analysis of Site use, and other such functions.

Changes to this Privacy Notice

Company may, from time to time in its sole discretion, change or modify this Privacy Notice to accommodate new technologies, industry practices, regulatory requirements or for other purposes. Any changes or modifications will be effective upon posting of the revisions on the Site. At any given time, your access and use of the Site and provision of information is governed by the Privacy Notice then in effect. Company may post changes or modifications to referenced policies and guidelines without your approval, and may determine whether and when any such changes apply to you. Your continued use of the Site following posting of any changes or modifications by Company will constitute your acceptance of such changes or modifications. Should you not wish to be bound by the modified Privacy Notice, you may not use or access the Site. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent.

Feedback

Comments, suggestions, or other communications sent by you to us are deemed to be nonconfidential. We have no obligations of any kind in relation to such comments, suggestions, or communications and are free to use or distribute them in any way, including in relation to the administration, update, or improvement of the Site, without compensation to the author, sender, or any other party.

By using the Site, you signify your assent to this Privacy Notice. Should you have any questions or concerns regarding this Privacy Notice you may contact us at: CurranC Creative LLC Attn: Privacy Department 260 Woodstream Ct Langhorne, PA 19047

Notice to California Residents- Your California Privacy Rights

Under California law, a California resident with whom Company has an established relationship has the right to request certain information with respect to the types of personal information Company has shared with third parties for their direct marketing purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to: CurranC Creative LLC Attn: Privacy Department 260 Woodstream Ct Langhorne, PA 19047

LEGAL NOTICE AND TERMS OF USE

CurranC Creative LLC  (“Company”) maintains this website NASHFacts.com  (“Site” ) for your personal information, education, and communication. While you should feel free to browse the Site, please understand that your access to and use of the Site is subject to the following terms and conditions (“terms and conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the terms and conditions and acknowledge that any other agreements between you and Company concerning the Site are superseded to the extent they conflict with these terms and conditions. Your use of or linking to any content of the Site, except as provided in these terms and conditions, is strictly prohibited.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE NASHFACTS.COM SITE.

By using the Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Site.

The Site is not intended for use by persons under the age of 18. By accessing and using the Site, you have indicated that you are at least 18 years old or older.

Note that special terms apply to some services, like rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and receipt of data, materials and information available at or through the Site, the possibility of our use or display of your Solicited Submissions.

 

Terms and Conditions

1. You should assume that everything you see or read on the Site is copyrighted and may not be used without the written permission of Company, except as provided in these terms and conditions or in the text on the Site. Company neither warrants nor represents that your use of material displayed on the Site will not infringe rights of third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Company intellectual property right (including, but not limited to any patent, trademark, trade name, copyright or trade secret).

2. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained in the materials or as specified on the Site. You may not, however, distribute, modify, transmit, reuse, re-past, or use the content of the Site, including the text, images, audio, and video, for public or commercial purposes.

3. When you access Site through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain features of this Site may be prohibited or restricted by your network provider and not all aspects of this Site may work with your network provider or device.

4. Images of people or places displayed on the Site are either the property of, or used with permission by, Company where applicable, or are available in the public domain. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or as provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are also advised that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

5. The trademark logos and service marks displayed on the Site (collectively the “trademarks”), are registered and unregistered trademarks of Company and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks without the written permission of Company or such third party that may own the trademarks.

6. Company has not reviewed all of the websites linked to the Site and is not responsible for the content of any off-site pages or any other websites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.

7. In these terms of use, we use the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, “Distribute”) on or through Site. There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on the Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in games, sweepstakes, contests and promotions); and (b) that you Distribute on or through the Site for which you do not seek Consideration (as defined below). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph. Our long-standing company policy does not allow us to accept or consider Unsolicited Submissions so please do not Distribute Unsolicited Submissions on or through Site. We want to avoid the possibility of future misunderstandings when projects developed by us or under our direction might seem to others to be similar to their own creative work. We therefore ask that you not Distribute any Unsolicited Submission. In any event, you agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in anyway, and that you have no expectation of any review, compensation or consideration of any type (other than any stated Consideration). Except as expressly stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.

8. While Company uses reasonable efforts to include accurate and up-to-date information in the Site, Company makes no warranties or representations as to its accuracy. Company shall not be held responsible for any action taken that is based on the information presented on the Site, and all users of the Site agree that access and use of the Site is at the user’s own risk. Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

9. Your use of and browsing of the Site are at your own risk. Neither Company nor any other party involved in creating, producing, hosting or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site or its contents. Without limiting the foregoing, everything on the Site is provided to you “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

10. Company also 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 the Site or your downloading of any materials, data, text, images, video or audio from the Site.

11. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post may be used by Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purposes whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products using such ideas, concepts, know-how, or techniques. We also reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from the Site that violates these terms of use (including any rules of conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the rules of conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including this Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

12. You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

13. Company reserves the right, in its sole discretion, to terminate or block your access to the Site or to modify or remove any content from the Site at any time and without notice, for any reason.

14. Any failure by Company to exercise or enforce any right under these terms and conditions shall not constitute a waiver of such right. If any portion of these terms and conditions is held to be unenforceable, that portion shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of the remaining provisions contained herein.

15. Company may at any time revise these terms and conditions including by modification, deletion and/or addition of any portion thereof of this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the current terms and conditions to which you are bound. If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Site covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the websites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

16. Company maintains this Site as a service to the internet community. The Site has been designed to provide general information about Company and its products. These pages are not intended to provide investment or medical advice.

17. You agree that any action at law or in equity arising out of or relating to these terms of use or the Site shall be filed, and that venue properly lies, only in state or federal courts located in the State of Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Neither you nor Company will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law. We make no representation that content on the Site is appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

18. If you choose to provide us with personal information about yourself, we will handle your information according to the terms of our Privacy Notice. Our Privacy Notice is incorporated by reference into these Terms.

19. Contact Company: If you have any questions about these terms and conditions, please contact us by e-mail at [email protected] or write to us:

Office of General Counsel

CurranC Creative LLC 260 Woodstream Ct Langhorne, PA 19047

Effective Date: March 28, 2019

Disclaimer

This website contains health information that is provided for general educational purposes only and is not meant to substitute for the advice provided by a medical professional.

Use and access of this site is intended for residents of the United States 18 years of age and older only and is subject to the terms and conditions as set out in our PRIVACY POLICY and TERMS OF USE.

No information about a therapy, service, product or treatment is intended to replace advice from your doctor or other registered health professional. A health care professional must handle all decisions regarding a person’s care. These decisions should be based on the unique needs of each individual. The information and materials contained on this website are not meant to be a comprehensive guide concerning all aspects of the therapy, service, product or treatment described on the website.

No members of Company shall bear any liability for reliance by any user on the materials contained on this website.

The contents of the Site, such as text, graphics, images, and other material contained on Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Company, Company employees, others appearing on the Site at the invitation of Company, or other visitors to the Site is solely at your own risk.

The Website may contain health- or medical-related materials that you may find offensive. If this is the case, you may not want to use this Website. The Website and the Content are provided on an “as is” basis.

The communications on or because of this Website DO NOT constitute a doctor-patient relationship and DO NOT take the place of medical advice from your (or any) physician. Use of this Website or anything written here IS NOT a medical relationship of any kind and you SHOULD talk to a doctor who knows you and your medical situation.

Furthermore, Site does not provide any legal advice to any person and is not engaged in the practice of law. The information provided on Site is not legal advice. The information is provided solely as a service to our Site visitors. We make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information found on this Site or through a link from this Site. You should carefully review any information to determine its accuracy, relevance, timeliness, and completeness. By using this Site and its links, you acknowledge and agree that Company and its staff are not responsible for any errors or omissions on this Site or any site linked to from this Site, nor for any damages resulting or alleged to result from its use or application. If you choose to download and/or use files from the Internet, you assume full responsibility from any resulting loss or damage.

Images used on this Site are for illustrative purposes only. They do not imply any health status or behavior on the part of the people in the photo.

©2019 CurranC Creative LLC | All rights reserved. March 2019. Updated February 2020.