Your Privacy

Privacy Policy

Geisler Consulting Group Inc. d/b/a Blue Chameleon Tracking (“us”, “we”, or “our”) operates the https://www.bluechameleontracking.com/ website (“BCT website”), the Blue Chameleon Tracking software, the Blue Chameleon Tracking mobile application and any other related  mobile applications and software (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

• Personal Data
  • While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). If any Personal Data is collected, which is not at this time a practice of the Service, this personally identifiable information may include, but is not limited to:
    • Email address
    • First name and last name
    • Cookies and Usage Data
• Usage Data
  • We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).
  • This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
  • When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
• Tracking & Cookies Data
  • We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
  • Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
  • You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
  • Examples of Cookies we use:
    • Session Cookies. We use Session Cookies to operate our Service.
    • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
    • Security Cookies. We use Security Cookies for security purposes.
  • For more information on our Service’s use of cookies, see the Cookie Policy

Use of Data

• BCT uses the collected data for various purposes:
  • To provide and maintain the Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer care and support
  • To provide analysis or valuable information so that we can improve the Service
  • To monitor the usage of the Service
  • To detect, prevent, and address technical issues

Transfer Of Data

• Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
• Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
• BCT will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Third-Party Services

• The Service uses third-party services that mar collect information defined above as Personal Data.  BCT does not control what Personal Data is collected by third-party services.  A link to the Privacy Policy of the third-party service providers used by BCT can be found at https://policies.google.com/privacy?hl=en-US .
• We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
  • These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
  • We utilize third-party service providers, whether individuals or companies, for any of the following reasons:
    • To facilitate our Service;
    • To provide the Service on our behalf;
    • Toer perform Service-related tasks; or
    • To assist in analyzing how the Service is used (See Analytics section of this Privacy Policy).

Disclosure Of Data

• Legal Requirements
  • BCT may disclose your Personal Data in the good faith belief that such action is necessary to:
    • To comply with a legal obligation
    • To protect and defend the rights or property of BCT
    • To prevent or investigate possible wrongdoing in connection with the Service
    • To protect the personal safety of users of the Service or the public
    • To protect against legal liability

Security Of Data

• The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Log Data

• When you use our Service, in the case of an error in the app, or on the website, we collect data and information (through third-party services) on your device called Log Data.  This data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, configuration of the app or website when utilizing our Service, time and date of the use of the Service, and other statistics that may be helpful in correcting any present or future issues.

Analytics

• We may use third-party Service Providers to monitor and analyze the use of our Service.
  • Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.

Links To Other Sites

• Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
• We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

• Our Service does not address anyone under the age of 13 (“Children”).
• We do not knowingly collect personally identifiable information from anyone under the age of 13.
  •  If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. 
  • If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to immediately remove that information from our servers.

California Privacy Policy

• For our Privacy Policy directed toward California users, please see  CA POLICY

Changes To This Privacy Policy

• We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
• We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.
• You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

• If you have any questions about this Privacy Policy, please contact us by email:
  • optout@trustbct.com

Cookie Policy

This Cookie Policy is designed to inform Users about the technologies and entities that help this Website, and its related Service, to achieve the purposes described below.  Such technologies allow the Service Owner to access and store information (ex., Cookie) or use resources (i.e., running a script) on a User’s device as they interact with this Website and the related Service.  For simplicity, all such technologies are defined as “Collectors” within this document – unless there is a reason to differentiate. 

Expressed, secondary User consent may be required for some of the purposes of the Collectors on this Website. At any point when this consent is given, a User may freely withdraw it at any time following the instructions provided below.

This Website uses Collectors managed directly by the Owner (“first-party” Collectors) and Collectors that enable services provided by a third-party (“third-party” Collectors). Unless otherwise specified herein, third-party providers may access the Collectors managed by them.

The validity and expiration periods of Cookies and other similar Collectors may vary depending on the lifetime set by the Owner or the relevant provider. Some expire upon User terminating the browsing session.

For more precise information about the life of Cookies stored by Owner, User may contact the Owner.  Owner can provide more specified information about third-party Collectors upon contact from User.

To find more information dedicated to Californian consumers and their privacy rights, Users may read the privacy policy.

Operation of this Website

This Website uses “technical” Cookies and other similar Collectors to carry out activities that are strictly necessary for the operation of this Website or delivery of the Owner’s Service.

Hosting and Backend Infrastructure

Owner uses a third-party hosting service for its Website.  This third-party, WordPress.com, has the purpose of hosting Data and files that enable this Website to run and be distributed.  Further, WordPress.com provides a ready-made infrastructure to run specific features or parts of this Website.  Some of those services may work through geographically distributed servers, making it difficult to determine the actual location where Users’ Personal Data are stored.

Handling Payments

Unless otherwise specified, this Website processes payments by credit card or other means via external payment service providers.  These external provides are beyond the purview of Owner and are exclusively under the umbrella of WordPress.com, its affiliated entities, and any third-parties utilized by them.  In general and unless where otherwise stated, Users are requested to provide their payment details and personal information directly to such payment service providers.  This Website isn’t involved in the collection and processing of such information: instead, it will only receive a notification by the relevant payment service provider as to whether payment has been successfully completed.

Collection of Privacy Related Preferences

This type of service allows this Website to collect and store Users’ preferences related to the collection, use, and processing of their personal information, as requested by the applicable privacy legislation.

How to Manage Preferences and Provide/Withdraw Consent

There are various ways to manage Collector related preferences and to provide/withdraw consent, where relevant:

• Users can manage preferences related to Collectors from directly within their own device settings.
• Whenever the use of Collectors is based on consent, Users can provide/withdraw such consent by setting their preferences within the cookie notice or by updating such preferences accordingly via the relevant consent-preferences widget, if available.
• It is also possible, via relevant browser or device features, to delete previously stored Collectors, including those used to remember the User’s initial consent.
  • Other Collectors in the User’s browser’s local memory may be cleared by deleting the browsing history.

With regard to any third-party Collectors, Users can manage their preferences and withdraw their consent via the related opt-out link (where provided), by using the means indicated in the third party’s privacy policy, or by contacting the third party.

Locating Collector Settings

Users can find information about how to manage Cookies in the most commonly used browsers at the following addresses:

• Google Chrome
• Mozilla Firefox
• Apple Safari
• Microsoft Internet Explorer
• Microsoft Edge
• Brave
• Opera

Users may also manage certain categories of Collectors used on mobile apps by opting out through relevant device settings such as the device advertising settings for mobile devices, or tracking settings in general.

Information for California Consumers

This part of the privacy policy integrates with and supplements the information contained in the rest of the privacy policy and is provided by the Owner running this Website and, if the case may be, its parent, subsidiaries and affiliates (for the purposes of this section referred to collectively as “we”, “us”, “our”).

The provisions contained in this section apply to all Users who are consumers residing in the state of California, United States of America, according to “The California Consumer Privacy Act of 2018” (Users are referred to below, simply as “you”, “your”, “yours”), and, for such consumers, these provisions supersede any other possibly divergent or conflicting provisions contained in the privacy policy.

This part of the document uses the term “personal information“ as it is defined in The California Consumer Privacy Act (CCPA).

Categories of Personal Information Collected, Disclosed, or Sold

Information we collect: the categories of personal information we collect

• We have collected the following categories of personal information about you: identifiers, California Consumer Records Statute information, commercial information, internet information and geolocation data.
• We will not collect additional categories of personal information without notifying you.

How we collect information: what are the sources of the personal information we collect?

• We collect the above mentioned categories of personal information, either directly or indirectly, from you when you use this Website.
  • You directly provide your personal information when:
    • You submit requests via any forms on this Website. 
    • You navigate this Website, as personal information about you is automatically observed and collected. 
• We may collect your personal information from third parties that work with us in connection with the our Service or with the functioning of this Website and its features.

How we use the information we collect: sharing and disclosing of your personal information with third parties for a business purpose

• We may disclose the personal information we collect about you to a third party for business purposes. In this case, we enter a written agreement with such third party that requires the recipient to both keep the personal information confidential and not use it for any purpose(s) other than those necessary for the performance of the agreement.
• We may also disclose your personal information to third parties when you explicitly ask or authorize us to do so, in order to provide you with our Service.

Sale of your personal information

• For our purposes, the word “sale” means any “selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating orally, in writing, or by electronic means, a consumer’s personal information by the business to another business or a third party, for monetary or other valuable consideration”.
  • This means that a sale can happen whenever an application runs ads, or makes statistical analyses on the traffic or views, or simply because it uses tools such as social network plugins and the like.

Your right to opt out of the sale of personal information

• You have the right to opt out of the sale of your personal information.
  • This means that whenever you request us to stop selling your data, we will abide by your request.  Such requests can be made freely, at any time, without submitting any verifiable request, simply by following the instructions below.

Instructions to opt out of the sale of personal information

• If you’d like to know more, or exercise your right to opt out in regard to all the sales carried out by this Website, both online and offline, you can contact us for further information using the contact details provided in this document.

What are the purposes for which we use your personal information?

• We may use your personal information business purposes.  In such cases, your personal information will be processed in a fashion necessary and proportionate to the business purpose for which it was collected, and strictly within the limits of compatible operational purposes.
• We may also use your personal information for other reasons such as for commercial purposes, as well as for complying with the law and defending our rights before the competent authorities where our rights and interests are threatened or we suffer an actual damage.
• We will not use your personal information for different, unrelated, or incompatible purposes without notifying you.

Your California privacy rights and how to exercise them

• The right to know and to portability
  • You have the right to request that we disclose to you:
    • the categories and sources of the personal information that we collect about you, the purposes for which we use your information and with whom such information is shared;
    • in case of sale of personal information or disclosure for a business purpose, two separate lists where we disclose:
      • for sales, the personal information categories purchased by each category of recipient; and
      • for disclosures for a business purpose, the personal information categories obtained by each category of recipient.
  • The disclosure described above will be limited to the personal information collected or used over the past 12 months.
  • If we deliver our response electronically, the information enclosed will be “portable”, i.e. delivered in an easily usable format to enable you to transmit the information to another entity without hindrance – provided that this is technically feasible.

• The right to request the deletion of your personal information
  • You have the right to request that we delete any of your personal information, subject to exceptions set forth by the law (such as, including but not limited to, where the information is used to identify and repair errors on this Website, to detect security incidents and protect against fraudulent or illegal activities, to exercise certain rights etc.).
  • If no legal exception applies, as a result of exercising your right, we will delete your personal information and direct any of our service providers to do so.

• How to exercise your rights
  • To exercise the rights described above, you need to submit your verifiable request to us by contacting us via the details provided in this document.
  • For us to respond to your request, it’s necessary that we know who you are. Therefore, you can only exercise the above rights by making a verifiable request which must:
    • provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative;
    • describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
  • We will not respond to any request if we are unable to verify your identity and therefore confirm the personal information in our possession actually relates to you.
  • If you cannot personally submit a verifiable request, you can authorize a person registered with the California Secretary of State to act on your behalf.
  • If you are an adult, you can make a verifiable request on behalf of a minor under your parental authority.
  • You can submit a maximum number of 2 requests over a period of 12 months.

• How and when we are expected to handle your request
  • We will confirm receipt of your verifiable request within 10 days and provide information about how we will process your request.
  • We will respond to your request within 45 days of its receipt. Should we need more time, we will explain to you the reasons why, and how much more time we need. In this regard, please note that we may take up to 90 days to fulfill your request.
  • Our disclosure(s) will cover the preceding 12 month period.
  • Should we deny your request, we will explain you the reasons behind our denial.
  • We do not charge a fee to process or respond to your verifiable request unless such request is manifestly unfounded or excessive. In such cases, we may charge a reasonable fee, or refuse to act on the request. In either case, we will communicate our choices and explain the reasons behind it.

Terms of Service/Terms & Conditions

Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Geisler Consulting Group Inc d/b/a Blue Chameleon Tracking (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://www.bluechameleontracking.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). You agree that by accessing the Service, you have read, understood, and agree to be bound by these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Service after the date such revised Terms of Service are posted.

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

User Representations

By using the Service, you represent and warrant that: 

1. All information you submit will be true, accurate, current, and complete; 
2. You will maintain the accuracy of such information and promptly update such information as necessary; 
3. You have the legal capacity and you agree to comply with these Terms of Service; 
4. You are not a minor in the jurisdiction in which you reside and not under the age of 13, in general; 
5. You will not access the Service through automated or non-human means, whether through a bot, script or otherwise; 
6. Uou will not use the Service for any illegal or unauthorized purpose; and 
7. Your use of the Service will not violate any applicable law or regulation.

Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States. The Content and the Marks are provided on the Service “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Service, the Content and the Marks.

Fees and Payment

We may accept credit card payments through a third-party hosted service, WordPress.com.  By using our payment portal provided on the website and/or app, you are agreeing to the Privacy Policy, Terms of Service, and any other agreements published by WordPress.com.  Our Service does not regulate, control, or oversee any actions by WordPress.com.  To see the policies of WordPress.com please visit LINK TO WORDPRESS.COM PAYMENTS.

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Service. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the website.

Mobile Application License

Use License

If you access the Service via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service. 

You shall not: 

1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; 
2. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; 
3. Violate any applicable laws, rules, or regulations in connection with your access or use of the application; 
4. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; 
5. Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; 
6. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; 
7. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 
8. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or 
9. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Service: 

1. The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 
2. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 
3. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 
4. You represent and warrant that
   1. You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and 
   2. You are not listed on any U.S. government list of prohibited or restricted parties; 
5. You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and 
6. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.

Third-Party Websites and Content

The Service may contain (or you may be sent via the Service) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Service or any Third-Party Content posted on, available through, or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Service and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Service or relating to any applications you use or install from the Service. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Service Management

We reserve the right, but not the obligation, to: 

1. Monitor the Service for violations of these Terms of Service; 
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; 
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; 
4. In our sole discretion and without limitation, notice, or liability, to remove from the Service or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 
5. Otherwise manage the Service in a manner designed to protect our rights and property and to facilitate the proper functioning of the Service.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: LINK TO PRIVACY POLICY. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. 

Term and Termination

These Terms of Service shall remain in full force and effect while you use the Service. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. 

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Service. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.

Governing Law

The Service is hosted in the United States, as such, if you access the Service from any other country of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Service, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

As per the foregoing, these Terms shall be governed by and defined following the laws of the United States. Use of the Service means you yield to the courts of the United States, which shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Dispute Resolution

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the American Arbitration Association.  All arbitration proceedings shall take place in North Carolina, United States. The language to be used in the arbitral proceedings shall be English. The governing law of the contract shall be the substantive law of the United States.

Corrections

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

Disclaimer

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Contact Us

In order to resolve a complaint, receive more information, or ask questions regarding these Terms of Service, the Privacy Policy, or the Service, please contact us at: info@trustbci.com