Privacy Policy
Last Updated on: Feb 24, 2021
peterschwinge.com is committed to protecting the privacy of visitors to our website, subscribers to our newsletters, and those providing contact information. In addition, peterschwinge.com is opposed to unauthorized commercial e-mail delivery, otherwise known as spam. Please read the following Privacy and Spam Policy to understand how your personal information is treated. From time to time, peterschwinge.com may offer new information or services that may affect this policy. If you have any questions or concerns regarding this Privacy and Spam Policy, please send an e-mail to privacy at peterschwinge {dot} com.
WHAT INFORMATION DO WE COLLECT & HOW IS IT USED?
Information You Voluntarily Submit to the Website: We may collect personal information from you such as your name or e-mail address. For example, you may voluntarily submit personal information to peterschwinge.com by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, upon making certain purchases described herein, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
Automatically-Collected Information: We automatically collect certain information about you and the device with which you access peterschwinge.com. For example, when you use peterschwinge.com, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the website. We may also collect information about actions you take when using peterschwinge.com, such as links clicked.
Cookies: We may log information using cookies, which are small data files stored on your browser by peterschwinge.com. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the website.
The following list includes examples of specific ways we collect personal information from our website visitors and the type of information collected:
Electronic Newsletter: To register online for our electronic newsletters, we request the following required information: (i) name, and (ii) e-mail address. The provision of an e-mail address is mandatory in order to receive our newsletter.
Contact Forms: To contact peterschwinge.com for the purposes of evaluating or engaging our services or to answer your questions, we utilize numerous forms throughout our site. Required information varies depending on the form and at most includes (i) name, and (ii) e-mail address. The provision of this information is mandatory in order to receive a response from peterschwinge.com. The provision of the remaining information requested on the registration form is optional.
Online Purchases: When you purchase a product from peterschwinge.com, we may utilize a third-party online shopping system, which is described more fully below. To process your payment, certain standard required information includes address and credit card information. Transactions are secured via SSL encryption and credit card details will never be e-mailed. Credit information is purged from our systems on a regular basis.
HOW YOUR PERSONAL INFORMATION MAY BE USED
peterschwinge.com may use your personal information in the following ways:
- To operate and maintain the website;
- To create your account, identify you as a user of the website, and customize the website to your account;
- To send you promotional information, such as newsletters. Each e-mail newsletter will provide information on how to opt-out of future mailings by unsubscribing;
- To send you administrative communications, such as administrative e-mails, confirmation e-mails, technical notices, updates on policies, or security alerts;
- To respond to your comments or inquiries;
- To provide you with user support;
- To track and measure website performance;
- To process payment for purchases you make through peterschwinge.com;
- To protect, investigate, and deter against unauthorized or illegal activity;
- To review the effectiveness of our marketing programs and analyze other general demographic trends;
- To notify you of new information or services that may be of interest to you; or,
- To send promotional materials.
DOES peterschwinge.com SHARE MY INFORMATION?
peterschwinge.com will not share, rent, or sell your personally identifiable information with third-parties. We may, however, share your information with third-parties when we are authorized to share such information.
Additionally, peterschwinge.com may use third-party service providers to service various aspects of the website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policy. peterschwinge.com currently uses the following third-party service providers:
Tracking: peterschwinge.com uses various marketing tools that help us create a better user experience for people visiting our site. These tools allow us to look at aggregated data such as scrolling patterns, clicks, and allow us to run tests to determine which pages result in the best actions. However, your personally identifiable information is not used by any of these tools. We use the following third-party service providers for tracking:
Google Analytics: Privacy Policy
Remarketing: peterschwinge.com uses remarketing tracking cookies and conversion pixels from vendors such as Google and Facebook to present special offers to you for our products or services over the Google Content Network and via social networks. This means you may see an ad for one of our products or services as a result of visiting our website. In addition, peterschwinge.com uses custom audiences based on e-mails and phone numbers of subscribers and customers. This allows us to present special offers for our products and services to you via Facebook and Google. However, your personally identifiable information is not used by any remarketing service other than to present you special offers from us. We use the following third-party service providers for remarketing:
Facebook: Opt-out of Facebook remarketing here
Google: Opt-out of Google remarketing here
Newsletters: peterschwinge.com uses MailChimp as its e-mail service provider. MailChimp collects contact information, distributes our newsletter, and tracks actions you take that assist us in measuring the performance of the website and newsletters. Upon subscription, MailChimp also tracks the pages you visit on the website. If you become a customer, information about the products you purchase is passed into MailChimp.
Our newsletters contain tracking pixels. This pixel is embedded in e-mails and allows us to analyze the success of our newsletters. Because of these tracking pixels, we may see if and when you open an e-mail, which links within the e-mail you click, and the pages you visit on our website. This behavior is not passed to third-parties. All data submitted at the time of subscription to our newsletter is stored on MailChimp’s servers. At any time, you may be removed from our newsletter list by clicking on the unsubscribe button provided in each e-mail.
We may also rely on a third-party service, OptinMonster, to service certain pop-up subscription boxes. Any information collected by OptinMonster is passed through directly to MailChimp and is not stored by any party other than MailChimp.
Purchases: peterschwinge.com uses Stripe, and PayPal to service payments for some services.
• Stripe collects personal information such as your name, e-mail address, zip code, and payment information. You may access Stripe’s Privacy Policy here. Upon making a purchase via Stripe, your will receive e-mail confirmations to the e-mail address you provide during your purchase. These e-mails are sent through various services as outlined below.
• PayPal collects personal information such as your name, e-mail address, address, and payment information. You may access PayPal’s Privacy Policy here. Upon making a purchase via Stripe, your will receive e-mail confirmations to the e-mail address you provide during your purchase. These e-mails are sent through various services as outlined below.
Online Summits: peterschwinge.com hosts regular online events (“Summits”). If you purchase tickets for one of these Summits, you will enter personal data into Amember for processing this transaction. Your payment will be processed by Stripe or PayPal, as described above. We communicate with attendees via e-mail through MailChimp, which stores the product you purchased and your personal contact information on their servers.
Membership: peterschwinge.com hosts a paid membership site. If you purchase a membership on www.peterschwinge.com, your purchase will be processed through Stripe, as described above.
Additionally, at the time you join peterschwinge.com, you will create a profile through Paid Membership Pro, which stores your personal information on our servers. We communicate with Members via e-mail through MailChimp, which stores your personal contact information on their servers.
Surveys: Periodically, we may invite you to complete a voluntary survey.. All survey responses may be submitted anonymously and only your IP address is stored. You may voluntarily enter your name and e-mail address.
Webinars: From time to time, peterschwinge.com will host webinars. If you elect to participate in a webinar, you will be required to submit personal information to register and login. You may also receive e-mail communications regarding reminders and playback availability.
All information submitted for your participation is stored by the software hosting the webinar. Please consult their individual privacy policies.
Contact Information and Website Support: We offer multiple ways to contact peterschwinge.com, including contact forms, e-mails, and chat. If at any time, you attempt to contact us through a contact form, the information you provide will be stored on our servers.
Comments: peterschwinge.com uses Disqus to make it easy for you to leave comments on blog posts. Personal information that you enter for comments will be stored on the Disqus servers, in accordance with the Disqus privacy policy.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in peterschwinge.com’s sole discretion.
Except when required by law, we will not sell, distribute, or reveal your e-mail address(es) or other personal information without your consent; however, we may disclose or transfer personal information collected through peterschwinge.com to third-parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
ANONYMOUS DATA
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
PUBLICLY VISIBLE INFORMATION
If you create a user profile on peterschwinge.com or the Social Media Marketing Society or leave a comment on peterschwinge.com, certain information may be publicly visible.
COOKIES
peterschwinge.com uses cookies to: store visitors’ preferences; record user-specific information on what pages users access or visit; ensure that visitors are not repeatedly sent the same banner ads; or customize our content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.
At any time, you may prevent the setting of cookies by the website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of peterschwinge.com may be entirely usable.
WHAT IF THERE ARE CHANGES TO THIS PRIVACY AND SPAM POLICY?
If we change our Privacy and Spam Policy, we will post those changes on our privacy page at https://www.peterschwinge.com/privacy/.
RIGHTS RELATED TO YOUR PERSONAL DATA
Opt-out: You may opt-out of future e-mail communications by following the unsubscribe links in our e-mails. You may also notify us at privacy at peterschwinge {dot} com to be removed from our mailing list.
SENSITIVE PERSONAL INFORMATION
At no time should you submit sensitive personal information to peterschwinge.com. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy and Spam Policy.
CHILDREN’S INFORMATION
peterschwinge.com does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that peterschwinge.com has personally identifiable information of a child under the age of 13 in its database, please contact us immediately at privacy at peterschwinge {dot} com and we will use our best efforts to promptly remove such information from our records.
SPAM POLICY
peterschwinge.com is strongly opposed to spam. We will only send e-mail to users that have explicitly registered to peterschwinge.com.
WEB LINKS
peterschwinge.com contains links to other sites. Please be aware that peterschwinge.com is not responsible for the privacy practices or the content of such other sites. We encourage our users to be aware when they leave our site to read the privacy and spam policies of each and every website that collects personally identifiable information. This Privacy and Spam Policy applies solely to information collected by peterschwinge.com.
HOW DO I CONTACT peterschwinge.com?
If you have any further questions or comments regarding the peterschwinge.com website or this Privacy and Spam Policy, you may contact privacy at peterschwinge {dot} com.
LEGAL DISCLAIMER
We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our site.
TERMS AND CONDITIONS
Legal Notices
We, Peter Schwinge, (“Operators”) of this Website, provide it as a public service to our users.
Please carefully review the following basic rules that govern your use of the Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the “User”) do not agree to them, do not use the Website, provide any materials to the Website or download any materials from them.
The Operators reserve the right to update or modify these Terms and Conditions at any time without prior notice to User. Your use of the Website following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website.
These Terms and Conditions of Use apply to the use of the Website and do not extend to any linked third party sites. These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and the Operators with respect to the Website. Any rights not expressly granted herein are reserved.
Permitted and Prohibited Uses
You may use the Website for the sole purpose of sharing and exchanging ideas with other Users. You may not use the the Website to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
You may not upload or transmit any material that infringes or misappropriates any person’s copyright, patent, trademark, or trade secret, or disclose via the Website any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.
You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Website’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Website.
You are strictly prohibited from communicating on or through the Website any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You are expressly prohibited from compiling and using other Users’ personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Website, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.
You also are expressly prohibited from distributing Users’ personal information to third-party parties for marketing purposes. The Operators shall deem the compiling of marketing and mailing lists using Users’ personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users’ personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and the Operators reserve the right to terminate or suspend your access to and use of the Website and to suspend or revoke your membership in the consortium without refund of any membership dues paid.
The Operators note that unauthorized use of Users’ personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The Operators reserve the right to report the abuse of Users’ personal information to the appropriate law enforcement and government authorities, and the Operators will fully cooperate with any authorities investigating violations of these laws.
User Submissions
The Operators do not want to receive confidential or proprietary information from you through the Website. Any material, information, or other communication you transmit or post (“Contributions”) to the Website will be considered non-confidential.
User Discussion Lists and Forums
The Operators may, but are not obligated to, monitor or review any areas on the Website where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. The Operators, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The Operators may edit or remove content on the Website at their discretion at any time. Racist, sexist, or transphobic remarks, doxxing (posting people’s personal information), personal threats, or sexual harassment may cause your account to be terminated.
Complaints
If you are offended by a post or topic please contact us and include a link to the offending post. Please do not use this facility if you simply disagree with what has been posted; if this is the case post a reply stating your opposing opinion. When doing so do not make any personal attacks. If you disagree with another member of the boards or with a situation, state your case without attacking or insulting others, and treat others with respect.
The Operators reserve the right to:
Modify the message boards from time to time, with or without notice, including the right to terminate the message board and all (or any of) its messages for any reason; Determine (in its absolute discretion) if any message or discussion is in violation of these Terms, and edit or remove any content that it considers does so; Prohibit and/or ban the posting of messages by any member at any time if they should violate these Terms, or for any other reasonable cause.
Moderation
The message boards will be subject to some form of moderation to ensure that all users are protected; this is not in place to stifle free expression but exists to ensure that the boards offer a safe environment that does not (amongst other things): Cause offense; Cause legal problems; Or endanger personal safety.
The Operators are free to move or remove messages that do not follow the terms and conditions or deem them as inappropriate.
Use of Personally Identifiable Information
Information submitted to the Website is governed according to the Operators’ current Privacy Policy and the stated license of this website.
You agree to provide true, accurate, current, and complete information when registering with the Website. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the Website.
Although sections of the Website may be viewed simply by visiting the Website, in order to access some Content and/or additional features offered at the Website, you may need to sign on as a guest or register as a member. If you create an account on the Website, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the Website using your account or User ID. You grant the Operators and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website and in the provision of services to you. The Operators cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of personal information in your account, please visit our Privacy Policy.
Indemnification
You agree to defend, indemnify and hold harmless the Operators, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Website, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
Termination
These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the Website. If you are dissatisfied with the Website, their content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the Website. The Operators reserve the right to terminate or suspend your access to and use of the Website, or parts of the Website, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the Operators have reason to believe that you are in violation of these Terms and Conditions of Use.
WARRANTY DISCLAIMER
THE WEBSITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE OPERATORS MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE. THE OPERATORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE.
IN NO EVENT SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE WEBSITE, EVEN IF THE OPERATORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE OPERATORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE WEBSITE. YOUR PARTICIPATION IN THE WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE OPERATORS OR THROUGH THE OPERATORS, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE OPERATORS OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE WEBSITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR FOR ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE OPERATORS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE OPERATORS’ TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE WEBSITE WILL NOT EXCEED FIVE U.S. DOLLARS ($5.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE OPERATORS WOULD NOT PROVIDE THE WEBSITE ABSENT SUCH LIMITATION.
General
The Website is hosted in the United States. The Operators make no claims that the Content on the Website is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party’s principal place of business, attention of that party’s principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the Operators to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the Operators’ rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or User’s use of the Website must be brought in the courts of Belgium, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Transfer of Membership
Membership may not be transferred to any non-member or existing member.
Revocations and Refunds
User agrees that the Operators may revoke this Membership, in their sole discretion, by giving notice to Member. Any unused Membership Dues in possession of the Operators at the time of the effective date of revocation or cancellation will be paid to Member within 4 weeks of the effective date of revocation. Except for revocations, there will be no refunds of Membership Fees or any other fees except for where this agreement stipulates. Membership Fees are based on the package the user has purchased and there will be no refund of a Membership Fee for a partial month.
Force Majeure
Neither party shall be liable to the other for any delay or non-performance of its obligations by reason of matters beyond its control including, but not limited to, any act of terrorism, war, riot, civil commotion, compliance with any law or government order, fire, flood or storm, strikes, or any other industrial dispute, delay in transit, power failure, postal delay, or any event that cannot be reasonably be planned for or avoided.
Links to Other Materials
The Website may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the Operators offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the Operators reserve the right to note its lack of affiliation, sponsorship, or endorsement on the Website. If you decide to access any of the third party sites linked to by the Website, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the Operators cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Notification Of Possible Copyright Infringement
In the event you believe that material or content published on the Website may infringe on your copyright or that of another, please contact us.