Privacy Policies and Terms of Use

Effective Date: December 1, 2021

Last Updated: November 15, 2021

 

1. Introduction

Dispongeables Company, LLC (“Dispongeables,” “we,” “us,” or “our”) oversees this the website, minibunion.com (“Site”) and all related services (collectively, our “Services”). We have developed this Privacy Policy to inform all users (“user(s),” “you,” or “your”) about how we collect information in the course of conducting our business, including on the Site, how we use the collected information, and a user’s rights with respect to the collected information.

Please read this Privacy Policy carefully.  If you do not agree to be bound by this Privacy Policy, then do not access or use the Services.  By accessing and/or using the Services, you accept and agree to be bound by this Privacy Policy.  This Privacy Policy is incorporated into our Terms of Use. Your use of our Services and any Personal Information (as hereafter defined) you provide through the Services are subject to this Privacy Policy at all times.

You must be at least EIGHTEEN (18) years old to access the Site and use our services.  If you are under eighteen (18) years old, you are not permitted to use any part of the Services for any reason.

If you have any questions about this Privacy Policy, please contact us at info@dispongeables.com  or at the contact information below.

 

2. Information We Collect

When you use the Site, we process certain types of Information, as described below.

 

a. Personal Information

“Personal Information” means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.  Personal Information that we collect on the Site includes, but is not limited to, first and last names, email address, phone number, and any other information you may choose to provide.

When you access or use the Services, you may provide Personal Information to Dispongeables, such as when you request to receive information, support, or a consultation; communicate with us or our representatives, whether through our website, live chat form, email, telephone, or standard mail.

b. Non-Personal Information

“Non-Personal Information” means information that does not identify you, but provides insights regarding your use of the Site. For example, we collect information about your use of the Site, including but not limited to, the number of visitors to the Site, the time spent on the Site and pages clicked, the types of devices used to access the Site, and the Internet Protocol (IP) addresses of visitors.  We may use automated information collection tools, such as cookies and pixels, to collect certain types of Non-Personal Information. You can set your browser to reject cookies, but that may limit your use of some features of the Platform.

Personal Information and Non-Personal Information are collectively referenced as “Information.” Information we collect about you may be aggregated with other users’ Information. It may also be combined with associated Personal Information that you provide to us or that we receive from third parties. If we combine or associate information from other sources with Personal Information that we collect through the Site, we will treat the combined Information as Personal Information in accordance with this Policy.

 

c. Third-Party Social Networking Service(s)

If you choose to access, visit, and/or use any third-party social networking service(s) that may be integrated with our Site, we may receive your Personal Information and other information about you and your computer, mobile, or other device that you have made available to those social networking services, including information about your contacts through those services.  For example, some social networking services allow you to push content from our Site to your contacts or to pull information about your contacts so you can connect with them on or through our Site.  Some social networking services also will facilitate registration or enhance or personalize your experience on our Site.  Your decision to use a social networking service in connection with our Site is voluntary.  However, you should make sure you are comfortable with the information your third-party social networking services may make available by reviewing privacy policies of those providers and/or modifying your privacy settings directly with those networking sites/services.

3. Use of Information

We use Non-Personal Information collected by cookies, web beacons, and other Internet tracking technology to store your preferences, improve website navigation, make personalized features and other services available to you, to generate statistical information, monitor and analyze user traffic and usage patterns, monitor and prevent fraud, investigate complaints and potential violations of our policies, to improve the our content and the products, services, materials, and other content that we describe or make available through the Services, and otherwise help administer and improve the Services.

We may identify you from your Personal Information and merge or co-mingle Personal Information and Non-Personal Information.  Except as otherwise stated, Dispongeables may use Information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited to:

  • To fulfill or meet the reason you provided the Personal Information. For example, if you share your name and contact information to ask a question about our Services, we will use that Personal Information to respond to your inquiry.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To provide, support, personalize, and develop our Services, including without limitation, to conduct aggregate or research analysis and develop business intelligence that helps us to enhance, improve, evaluate, operate, protect, make informed decisions about, and report on the performance of our Services.

  • To communicate information and promotional materials to you, where you have not expressed a preference otherwise, and to send you information and updates about the Services.

  • To notify you of any changes to relevant agreements, policies, or other terms, and to enforce such terms.

  • To work with our service providers, who perform certain business functions or services on our behalf.

  • To prevent or investigate fraud, or for risk management purposes, and to help maintain the safety, security, and integrity of our Services, databases and other technology assets, and business.

  • To comply with legal obligations, court orders, or in order to exercise any legal claim or to defend against any legal claim.

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our consumers is among the assets transferred.

  • As otherwise described to you when collecting your Personal Information.

In addition, we may use third‐party e‐mail providers to deliver communications to you.  This is an opt-in e-mail program.  If you no longer want to receive these e-mail communications, you may opt-out of receiving e-mail communications through an “unsubscribe” link or by contacting us info@dispongeables.com.

We may, from time to time, invite you to participate in online surveys. The information requested in these surveys may include, but is not limited to, your opinions, beliefs, insights, ideas, activities, experience, purchase history, and purchase intent regarding products, events, and Services.  The information collected by these surveys is used to research market trends, company growth, community needs, etc.  Your input will help us to improve customer experience and shape development of our products and Services.

 

4. How We Share Information

We may share Personal Information with the following parties:

  • Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities for the purposes described in this Policy which are required to treat the information in accordance with this Privacy Policy;

  • Service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf.

  • Authorized third parties, who are parties directly authorized by you to receive the applicable Information. The use of your Information by an authorized third party is subject to the third party’s privacy policy;

  • Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use such information in accordance with this Privacy Policy;

  • As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence; and

  • With another party, pursuant to your express consent.

 

5. Information Security

We take reasonable steps online and offline to safeguard the Personal Information that you provide to us.  However, it is common knowledge that transmission of information via the Internet is not wholly secure, and we cannot guarantee or warrant the security of your Personal Information, or any other information, transmitted to or through our Site or Services or otherwise provided to us.  We are not responsible for the theft, destruction, or inadvertent disclosure of such information.  It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Service(s).  Any transmission of information is at your own risk.

If you have any questions about security on our Services, or if you become aware of or suspect a security breach, notify us immediately via email at info@dispongeables.com.  If our security system is breached, we will notify you of the breach to the extent required under applicable law.

 

6. Information Retention

We retain the Personal Information we receive as described in this Privacy Policy for as long as you use our Site or as necessary to fulfill the purpose(s) for which it was collected, provide our products and services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

 

7. Links to Third Party Sites

The Site may contain links to other sites that are not operated by us.  If you click on a link to another site, you will be directed to that third party’s site.  Such links do not constitute an endorsement by us of those other websites, their content or services, or the persons or entities associated with those websites.  This Privacy Policy does not apply to third-party websites.  We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.  We encourage you to review the privacy policies and terms of all third-party websites or services that you may visit.

 

8. Children’s Privacy

We do not sell products or services for purchase by anyone under the age of eighteen (18).  Furthermore,  in accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Information from anyone under the age of thirteen (13) without verifiable parental consent.  In the event that we receive actual knowledge that we have collected such Personal Information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical.  We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Service(s).

 

9. Your California Privacy Rights

California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.  Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to info@dispongeables.com­­­­­­.  For more information about your rights as a California Resident, please see our Privacy Notice for California Residents.

 

10. Changes in the Privacy Policy

 

We reserve the right to modify and update this Privacy Policy at any time by posting an amended version of the statement on our Site. Please refer to this policy regularly.  If at any time we decide to use Personal Information in a manner different from that stated at the time it was collected, we will notify you either on the panel home page of our Site or via e-mail.

 

11. How to Contact Us

Because protecting your privacy is important to us, you may always submit concerns regarding our Privacy Policy on the contact us page. We will attempt to respond to all reasonable concerns and inquiries expeditiously.

 

If you have any questions or comments about our Privacy Policy, please contact us at:

E-mail Address:  info@dispongeables.com

Mailing Address:
Dispongeables Company, LLC
5806 Teal Ct.
Long Grove, IL 60047

Privacy Notice for California Residents

Effective Date: December 1, 2021

Last Updated: November 24, 2021

 

1.  Introduction

This Privacy Notice for California Residents (the “Notice”) supplements the information contained in the Dispongeables Company, LLC (“Dispongeables,” “we,” “us,” “our”) Privacy Policy (the “Privacy Policy”) and applies solely to all visitors, users, and others who reside in the State of California (“user(s),” “you,” or “your”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice. This Notice governs our Site and Services, as those terms are defined in the Privacy Policy.

 

2.  Information We Collect

Our Services collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). Below, we have provided a list of categories of Personal Information and examples of the types of Personal Information we collect that may fall within those categories.

Within the last twelve (12) months, our Services have collected the following categories of Personal Information from consumers:

  • Identifiers, including name, email, phone, and zip code.

  • Personal Information Categories Listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), including name.

  • Protected Classification Characteristics Under California or Federal Law, including sex and age. We do not request this information, but it may be provided by you through our live chat feature, as described below.

  • Internet or Other Similar Network Activity, including information about how you interact with our Site.

  • Geolocation Data, including zip code.

You may provide additional information through our live chat feature on the Site, or through communications with our employees and representatives. We use this information only for the purposes for which it was provided, and we retain it only for so long as is necessary to fulfill such purpose.

Dispongeables obtains the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, from information you provide through the Site and Services and through any correspondences, such as when you request to receive information or support.

  • Indirectly from you. For example, from observing your actions on our Site through the use of automated data collection tools.

  • From third parties. For example, from our business partners and service providers, who provide us with your Personal Information as directed by you or in connection with our Site and Services or our relationship with the third party.

3.  Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the Personal Information. For example, if you share your name and contact information to ask a question about our Site, we will use that Personal Information to respond to your inquiry.

  • To provide, support, personalize, and develop our Services, including without limitation, to conduct aggregate or research analysis and develop business intelligence that helps us to enhance, improve, evaluate, operate, protect, make informed decisions about, and report on the performance of our Services.

  • To communicate information and promotional materials to you, where you have not expressed a preference otherwise, and to send you information and updates about the Services.

  • To serve advertisements tailored to your interests and to improve our marketing and advertising performance on the Services.

  • To notify you of any changes to relevant agreements, policies, or other terms, and to enforce such terms.

  • To work with our service providers, who perform certain business functions or services on our behalf.

  • To prevent or investigate fraud, or for risk management purposes, and to help maintain the safety, security, and integrity of our Site, databases and other technology assets, and business.

  • To comply with legal obligations, court orders, or in order to exercise any legal claim or to defend against any legal claim.

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our consumers is among the assets transferred.

  • As otherwise described to you when collecting your Personal Information or as set forth in the CCPA.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

4.  Sharing Personal Information

We do not sell or rent your Personal Information. We may, however, disclose your Personal Information to third parties for a business purpose. In the preceding twelve (12) months, Dispongeables has disclosed the following categories of Personal Information for a business purpose:

  • California Customer Records Personal Information categories.

  • Protected classification characteristics under California or federal law.

  • Internet or other similar network activity.

  • Geolocation data.

We disclose your Personal Information for a business purpose to the following categories of third parties:

  • Corporate affiliates, including corporate parents, subsidiaries, other affiliated entities, and associated entities for the purposes described in this Notice which are required to treat the information in accordance with this Notice.

  • Service providers and other third parties that help us administer and provide the Site and Services (for example, a web hosting company whose services we use to host our platform). While we may seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, you agree that we do not bear any responsibility for any actions or policies of third parties.

  • Authorized third parties, who are parties directly authorized by you to receive the applicable Information, such as when you authorize us to provide your information to physicians. The use of your Information by an authorized third party is subject to the third party’s privacy policy; or

  • Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings), in which case we will require the recipient to use such information in accordance with this Privacy Policy.

5. Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. The following sections describe your CCPA rights and explains how to exercise those rights.

6. Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), we will disclose to you:

  • The categories of Personal Information we collected about you.

  • The categories of sources for the Personal Information we collected about you.

  • Our business or commercial purpose for collecting that Personal Information.

  • The categories of third parties with whom we share that Personal Information.

  • The specific pieces of Personal Information we collected about you (also called a data portability request).

  • If we disclosed your Personal Information for a business purpose, a separate list identifying the Personal Information categories that each category of recipient obtained.

7. Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights, below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

  • Debug products to identify and repair errors that impair existing intended functionality.

  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

  • Comply with a legal obligation.

  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

8. Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. To authorize an agent to act on your behalf with respect to the rights contained in this Notice, we may require proof from the agent that you have provided the authorized agent written permission to do so, and we may require that you verify your own identity directly with us. If you have provided the agent with power of attorney, that may be sufficient.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request 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 cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. To verify your requests, we ask that you provide information required to match the request with the consumer about whom information has been collected or utilize the authentication practices for your password-protected account. We verify requests by matching information you provide to information that we maintain in our records. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

9. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, up to an additional forty-five (45) days, we will inform you of the reason and extension period in writing.[1]

We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

10. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

  • Provide you a different level or quality of goods or services.

  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. We do not currently offer any financial incentives, and we will notify you if and when that changes. Any CCPA-permitted financial incentive we may offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

11. Other California Privacy Rights

California Civil Code Section 1798.83 permits California residents to request and obtain a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, California residents are entitled to request and obtain such information, by e-mailing a request to info@dispongeables.com.

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12. Changes to Our Privacy Notice

Dispongeables reserves the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated notice on the Site and update the Notice’s effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

13. Contact Information

If you have any questions or comments about this notice, the ways in which Dispongeables collects and uses your information described above and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact our representative(s) at the following:

E-mail Address:  info@dispongeables.com

Mailing Address:
Dispongeables Company, LLC
5806 Teal Ct.
Long Grove, IL 60047

[1] Please note that this is not a complete statement of response timings; this is just for the consumers’ reference.

Website Terms of Use

 

Effective Date: December 1, 2021

Last Updated:  November 11, 2021

Dispongeables Company, LLC (“Dispongeables,” “we,” “us,” or “our”) oversees this the website, minibunion.com (“Site”) and all related services (collectively, our “Services”).  These Terms of Use (“Terms”) are applicable to you (“user(s),” “you,” or “your”) and govern your access to and use of the Services, as well as any information, text, graphics, photos, or other material uploaded, downloaded or appearing on the Services.  The Terms contained herein apply to all users of this Site and our Services.

Read these Terms carefully before you begin using this Site.  BY CLICKING “I AGREE” OR BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.

Access to the Services is intended only for users located within the United States. Dispongeables makes no representation or warranty of any kind that use of this Site outside of the United States is lawful or permissible. Those who access this Site from other jurisdictions are responsible for their compliance with local laws pertaining to the use of this Site. The Services are also not intended for use by minors. By using the Services, you represent and warrant that you are eighteen (18) years of age or older.

1. Access to and Use of the Site and the Services

To use our Services, you may be asked to provide your name, telephone number(s), and e-mail as well as any other personally identifiable information (“Personal Information”).  By providing such information, you acknowledge and agree that we may, and you specifically authorize us or permitted third parties, to process all requests and transactions related to this Site and its operation.  You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site.

a. Registration and Security.
You agree, represent, warrant, and guarantee that all Personal Information provided by you, either through our Site or when speaking to a representative over the online chat forum or on the telephone, is true, accurate, complete, up-to-date, and solely yours.  You may not impersonate, imitate, or pretend to be somebody else when providing information.  We strongly recommend that you do not use the Services or access the Site on any public computer.

b.  Limitations on Use.  The Site may be used and accessed for lawful purposes only.  You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and their content.  In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:

  • in any manner transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);

  • in any manner transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right, or right of publicity);

  • in any manner transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;

  • copy, reproduce, republish, upload, post, transmit, or distribute the Services, the Site, or any content thereof;

  • share or sell information derived from or related to the Services, the Site, or any content thereof;

  • modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, or display, or create derivative works, compilations, or collective works based on the Services, the Site, or any content thereof;

  • knowingly or negligently permit other individuals or entities to use or copy the Service or “frame” or “mirror” the Service on any other server or wireless or Internet-based device;

  • circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;

  • use the Services to collect or store Personal Information about other users;

  • knowingly include or use any false or inaccurate information in any customer account;

  • in any way transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other user to the Site;

  • attempt to probe, scan, or test the vulnerability of any system or network operated by us, or breach or impair or circumvent any security or authentication measures protecting the Site;

  • attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Site;

  • transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;

  • attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;

  • use the Site in any way that competes with us; or

  • encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

ANY ATTEMPT TO DO ANY OF THE FOREGOING PROHIBITED ACTS OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SERVICES OR SITE MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW.  SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.

We reserve the right, in our sole discretion, to audit or otherwise monitor any communication transmitted using the Site.  We further reserve the right at all times to review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request, or business assessment. NOTWITHSTANDING THE FOREGOING, WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THE SITE OR TO RETAIN THE CONTENT ON THE SITED UNLESS OTHERWISE AGREED OR REQUIRED BY LAW.

c. User Feedback and Suggestions.  All feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Dispongeables or otherwise disclosed, submitted, or offered concerning the Site in connection with your use of the Site (collectively, “Feedback”) will be Dispongeables’ property.  Such disclosure, submission, or offer of any Feedback will constitute an assignment to Dispongeables of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Feedback.    Dispongeables will be under no obligation to (i) maintain any Feedback in confidence; (ii) pay any compensation for any Feedback; or (iii) respond to any Feedback.

d. Suspension. Dispongeables may suspend these Services at any time in its sole discretion.

e. Updates and Outages. It may be necessary for Dispongeables to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or Services or result in a partial or complete outage of the Site or Services.  Dispongeables provides no assurance that you will receive advance notification of such activities or that the Site or Services will be uninterrupted or error-free.  Any degradation or interruption of the Site or Services will not give rise to a refund or credit of any fees paid by you.

f. Links to Third-Party Websites. These Sites may contain links to other websites on the Internet, which are not maintained by us.  When you leave the Site, you do so at your own risk.  By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity.  Other websites are not under our control, and you acknowledge that we shall not be responsible or liable for any of the text, images, videos, content or any other content or information from a third-party website.  You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.

g. Reliance on Information Posted.  We reserve the right to modify the Site in our sole discretion without notice.  We will not be liable if, for any reason, any part of the Site or the entirety of the Site is unavailable for any period of time.  Periodically, we may restrict access to portions of the Site or the entirety of the Site.  We may make these modifications at any time and for any reason without prior notice.  You assume any and all risk for decisions based on information contained within the Site.  The information presented on or through the Site is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place, or decisions you make, on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on the materials of this Site by you or any other user of the Site, or by anyone who may be informed of any of their contents.

2. Intellectual Property

The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials.  For purposes of clarity, Dispongeables owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site’s database(s) as part of the Site.  This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  All of the Site’s content is copyrighted material and is protected by the Copyright Act of 1976.  You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.

You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying Services and the content published herein, by your use of the Site.  Subject to your compliance with the terms and conditions of these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any content provided by us, solely for your personal and non-commercial purposes.  No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentence.

3. Disclaimer of Warranties

The site and all information contained herein are provided on an “AS IS” basis without any warranties of any kind.

Dispongeables, together with its directors, officers, employees, contractors, agents, and representatives, hereby disclaim all warranties, express or implied, including the warranty of merchantability and non-infringement of third parties’ rights, and the warranty of fitness for a particular purpose.  We disclaim all warranties whether arising out of law, statute, course of dealing, trade usage, or any other relationship.  We make no warranties of any kind regarding the site or information found on the site.  We make no warranties with regard to the accuracy, reliability, completeness, quality, functionality, timeliness, speed, or accessibility of any information supplied within the site.  We do not warrant that the site will be operational, secure, error-free, or virus free.  To the extent any jurisdiction does not permit us to disclaim warranties in these ways, we disclaim warranties to the fullest extent permitted under applicable law.

4. Your Security

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on them, or on any third-party website linked to them.

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you.  In such event, the exclusions shall apply to the fullest extent permitted under applicable law.

 

5. Limitation of Liability

To the extent permitted by law, you hereby release Dispongeables, together with its directors, officers, employees, contractors, agents, and representatives, from all liability associated with your use of the site and the services.

You acknowledge that you are responsible for any actions you take while on the Site.   You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.

In no event will Dispongeables, our directors, our officers, our employees, our contractors, our agents, or our representatives be liable for damages of any kind under any legal theory or under any equitable theory arising out of our in connection with your use or inability to use the site and the services, any websites linked to them, any content on the site, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to personal injury pain and suffering, emotional distress, clinical outcomes, loss of revenue, loss of profits, loss of business, loss of business opportunities, or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.  The foregoing does not affect any liability which cannot be excluded or limited under applicable law.  No cause of action, regardless of form, arising out of or in connection with the site or the services may be brought by you more than (1) year after such action has accrued.

6. Indemnification

You will indemnify, defend, and hold harmless Dispongeables, our licensors and affiliates, and our and their respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs, or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:

  • your access to or use of the Site, including but not limited to its Services and its content;

  • your violation of any of the provisions of these Terms;

  • any activity related to your account by you or any other person accessing the Services through your account, including, without limitation, negligent or wrongful conduct; or

  • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

For purposes of clarity, these indemnification obligations apply to your use of the Site, along with your use of the Site’s content and Services, other than as expressly authorized in this Terms, and your use of any information obtained from the Site or any information you provide to the Site.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

7. Our Compliance with COPPA

THE SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE.  You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy here. Moreover, if you are under 18 years of age, you should not provide any personally identifiable information on our Site without the knowledge and permission of your parent or guardian.

8. Governing Law and Venue

This Terms of Use shall be construed, governed, and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws).  You agree that venue for all actions, relating in any manner to this Terms of Use, shall be in a federal or state court of competent jurisdiction located in Memphis, Shelby County, Tennessee.  Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

9. Severability and Waiver

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity so that the remainder of that provision and all remaining provisions will continue in full force and effect.  No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dispongeables in writing.

10. Relationship

No joint venture, partnership, employment, or agency relationship exists between you and Dispongeables as a result of the Terms or use of the Services.

11. Force Majeure

No party to these Terms will be liable to the other party for any failure to perform any of its obligations, except payment obligations, under the Terms during any period in which such performance is delayed by circumstances beyond its reasonable control, including, but not limited to, fire, flood, war, embargo, strike, riot, unavailability of the Internet, or the intervention of any governmental authority.

12. Changes to the Terms of Use

We will make changes to these Terms from time to time.  The date that these Terms were last revised is identified at the top of the page.  You are responsible for ensuring that you periodically visit our Site and these Terms to check for any changes. Your continued use of the Site and Services will constitute acceptance of, and agreement to, the revised Terms.

13. Entire Agreement

These Terms, together with the Privacy Policy, comprise the entire agreement between you and Dispongeables and supersede all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and Dispongeables regarding such subject matter. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS AS THEY MAY BE AMENDED FROM TIME TO TIME.

14. Contact Us

To ask questions or comment about these Terms, you may contact us at:

E-mail Address:  info@dispongeables.com

Mailing Address:
Dispongeables Company, LLC
5806 Teal Ct.
Long Grove, IL 60047