below are applicable to this website and others located at the http://www.notw.com domain and affiliated
domains ("Sites") produced and maintained by NOTW (collectively "NOTW" or "we", "us", or "our"). At NOTW
we recognize and respect your privacy. To demonstrate our commitment, we have developed this Privacy
Policy outlined below to let you know the kinds of personal information we may gather during your visit
to the Website, why we gather your information, what we use your personal information for, when we might
disclose your personal information, and how you can manage your personal information. Feel free to
TIME WITHOUT FURTHER NOTICE. YOUR CONTINUED USE OF THE SITES FOLLOWING THE POSTING OF CHANGES TO
of this page the date these terms were last revised. If we intend to apply the modifications or
gathered through the Sites and, where applicable, through NOTW's Customer Service Department in
respect to information gathered through other websites that we operate or through other off-line means.
THE INFORMATION WE COLLECT
1.1 Personal Information
We collect and store information that you enter into the Sites. At some NOTW sites, you can
enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services
such as our online newsletters, or participate in one of our online forums or communities. For
example, when you register with us or place an order, we collect and store some or all of the
following information that you provide: name, billing address, shipping address, email address,
telephone number, credit card number and expiration date. This information is used to provide
the services and products that you have ordered or requested, to process and ship orders, to
send order and shipping confirmations and to provide customer service. Some of this information
also may be used to contact you about new features, new services, sales, new products, and special
offers unless you have elected to not receive such promotional communications in connection with
the Sites. You may also submit information about other people. For example, you might submit
a person's name and address if you order a gift online and want it sent directly to the recipient.
The types of personally identifiable information that may be collected about other people include:
recipient's name, address, e-mail address, and telephone number.
1.2 Anonymous Information
Through your use of the Sites, we may also gather certain information that does not identify
you individually ("Anonymous Information"). Generally, this information is collected through
"traffic data". We collect and store certain other information automatically whenever you interact
with the Sites. For example, we collect your IP address, browser information and reference site
domain name every time you visit the Sites. We also collect information regarding user-traffic
patterns and site usage. This information is used to analyze and improve the Sites and to provide
our users with a fulfilling experience.
1.3 Cookies and Spyware
We never use or install spyware on your computer, nor do we use spyware to retrieve information
from your computer. Like many websites, we use "cookies", which are files stored on your computer's
hard drive by your browser. Cookies help us to identify account holders and to optimize their
shopping experience. Cookies also allow us to hold selections in a shopping cart when a user
leaves the Sites without checking out and send you reminder email about your shopping orders and
other shopping opportunities. Most browsers accept cookies automatically but allow you to disable
them. We recommend that you leave cookies "turned on" so that we can offer you a better user
experience on the Sites. You may occasionally get Cookies from companies advertising on our behalf.
If you use a standard web browser, you should be able to modify your browser preference to
provide you with choices relating to cookies; for example, you should have the choice to accept
all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject
cookies, you may be unable to use certain Website services (e.g., those services that require you to
log on to the Website in order to participate). For more information on modifying your browser preference,
please refer to the documentation accompanying your browser.
1.4 Children's Privacy
We do not sell or ship any items ordered through the Sites directly to anyone who we know to be
under the age of 13, nor do we collect any personal information from anyone who we know to be under
the age of 13. If you are under the age of 13, you should use the Sites only under the immediate
supervision of a parent or guardian and should not submit any personal information to us. Our Website
is not intentionally targeted to children under the age of 13. IF YOU ARE UNDER 13, THEN IMMEDIATELY
EXIT THE SITES UNLESS YOU ARE DIRECTLY SUPERVISED BY A PARENT OR OTHER LEGAL GUARDIAN. We recommend
that minors 13 years of age or older ask their parents for permission before sending any information
about themselves to anyone over the Internet.
HOW WE USE YOUR INFORMATION
visits to the Sites or your Personal Information collected online to any companies not affiliated with us.
If we propose to permit any use of your Personal Information, you will be provided an opportunity to
decline such contact.
2.1 Personal Information
We may use your Personal Information to provide services available through the Sites, track
your compliance with the Sites' rules and regulations, or for editorial and feedback purposes
(to the extent that is explained when you provide the information). In the event we plan to publicly
post any of your Personal Information on the Sites (as, for instance, a letter), you will be provided
prior notification of such posting and given the option to decline same.
2.2 Use of Anonymous Information
We use Anonymous Information to help us determine how people use parts of the Sites and who our
readers are so we can improve our Website and ensure that it is as appealing as we can make it for as
many people as possible. We also use Anonymous Information to provide statistical
in aggregated form to our partners and other third parties about how our users collectively use the
website. We may also use or share Anonymous Information (or other information, other than Personal
Information) in any other manner that we deem appropriate or necessary.
2.3 Third-Party Agents
We occasionally have third-party agents, subsidiaries, affiliates and partners that perform
functions on our behalf, such as marketing, analytics, credit-card processing, shipping or stocking
orders, providing customer service, fraud protection, etc. These entities have access to the Personal
Information needed to perform their functions and will be contractually obligated to maintain the
confidentiality and security of that Personal Information. They are restricted from using, selling,
distributing or altering this data in any way other than to provide the requested services to the Sites.
2.4 Emergency Situations
We may also use or disclose Personal Information if required to do so by law or in the good-faith
belief that such action is necessary to: (a) conform to applicable law or comply with legal process
served on us or the Sites; (b) protect and defend the our rights or property, the Sites or our users,
and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents,
or the users of the Sites or the public.
2.5 Regular Correspondence
After you register, we may use the email address and zip codes of all users who subscribe to any
of our newsletters or other regular correspondence. Except to our third-party agents (as described below),
this information is not shared with any third parties. Anyone who no longer wishes to receive this
newsletter or other regular correspondence can, at any time, follow the
located within each newsletter.
2.6 Online Surveys/Sweepstakes and Contests
From time to time, we conduct online surveys and offer online sweepstakes or contests on the Website.
These will ask you for your personally identifiable information (like name or email address) and demographic
information (like zip code or age), as well as any other contact information necessary (like a physical
address) for us to provide notifications or deliver requested materials related to the survey, sweepstakes
or contest. We may use this information from our surveys, sweepstakes and contests to provide you with
information about our company, and to contact you when necessary. Please note that we may post relevant
privacy information in the official rules and/or registration area for the sweepstakes or contest. That
sweepstakes or contest.
2.7 Display Advertising
We use Display Advertising, which is provided through Google Analytics, on the Website. We currently
use Display Advertising for Remarketing to advertise online through third-party vendors,
including Google, to show you ads on sites across the Internet. We and third-party vendors, including Google,
use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the
DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Website.
You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the
Ads Preferences Manager.
OUR COMMITMENT TO DATA SECURITY
Personal Information collected by the Sites is stored in secure operating environments that are not
available to the public. In many instances, such as in the case of credit-card numbers and all on-line
purchases, the Personal Information is encrypted before you conduct your transaction. Only those employees
who need access to your Personal Information to do their jobs are allowed access. Any employee who violates
our privacy and/or security policies is subject to disciplinary action, including possible termination and
civil and/or criminal prosecution.
3.1 Data Protection
To protect the security of your information during transmission, we use Secure Sockets Layer (SSL)
software, which encrypts information you input. Most browsers will give a visual indication of when your
connection is secure. For example, Internet Explorer will show a padlock icon in the lower right of the
browser window. If you place an order through the Sites, you will be asked to set up an account and provide
an email address and password. You must provide an appropriate email address and password in order to access
account information. In order to help protect your personal information further, you should be careful about
providing your password to others. If you wish to cancel your password, or if you become aware of any loss,
theft or unauthorized use of your password, please contact us at 1-888-888-1906.
3.2 Linking to Other Sites
The Sites may contain links to other websites operated by NOTW, its affiliates, or third parties.
websites. These other sites may also send their own cookies to you, collect your data or solicit your
personal information. We are not responsible for the actions and privacy policies of third parties and
other websites. Be aware of when you leave the Sites and read the privacy policies of each and every website
3.3 Public Areas
Please remember that any information you share in public areas, such as message boards or feedback
to make public. Use common sense about what you disclose and do not post any Personal Information that
you expect to keep private.
SALE OR MERGER
If this site is sold to, or merges with, another company not owned by NOTW, you should expect that some
or all of the information collected from the Website may be transferred to the buyer/surviving company.
If so, NOTW will seek to obligate the acquiring company to use any personal information transferred by this
site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that
requirement or that the acquiring company will comply.
and enforced in accordance with the laws of the State of California, as it is applied to agreements
entered into and to be performed entirely within such state, without regard to conflict of law principles.
only in either the state or Federal courts located in Riverside County in the State of California. You
agree to submit to the personal jurisdiction of the courts of the State of California for any cause of
after this date is barred.
is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers
and liability limitations, then such provision shall be deemed superseded by a valid, enforceable
provision that matches, as closely as possible, the original provision, and the other provisions of
presented on this Website comprise the entire agreement between you and NOTW with respect to the use of
this Website and shall not be modified except in writing, signed by an authorized representative of NOTW.
5.1 European Union and Other Foreign Nations
This Website is governed by and operated in accordance with the laws of United States of America
(USA). NOTW makes no representation that this Website is governed by or operated in accordance with
the laws of other nations. By using this site and submitting any personal information, visitors
from outside of the USA acknowledge this Website is subject to USA law, consent to the transfer of
personal data to the USA, and waive any claims that may arise under their own national laws.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits customers of NOTW who are California residents to request
certain information regarding its disclosure of personal information to third parties for their direct
marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org or write us: NOTW, 169
Radio Rd., Corona, CA 92879.
WHO DO I TALK TO IF I HAVE QUESTIONS?
If you have any questions or concerns about the online privacy statement for this site or its implementation
you may contact us at email@example.com.
(the "Sites") owned and operated by NOTW.com ("NOTW"). The Sites were designed to promote the various
products and services offered by NOTW and encourage participation in the various activities and promotions
available on the Sites.
page and will indicate at the top of this page the date these terms were last revised. If we intend to
apply the modifications or amendments retroactively, we will provide you with notice of the modifications
policies, rules, guidelines, terms and conditions on the Sites.
Children and Minors
If you are under the age of 13, you should use the Sites only under the immediate supervision
of a parent or guardian and should not submit any personal information to us. Our Website is not
intentionally targeted to children under the age of 13. IF YOU ARE UNDER 13, THEN IMMEDIATELY EXIT
THE SITES UNLESS YOU ARE DIRECTLY SUPERVISED BY A PARENT OR OTHER LEGAL GUARDIAN. We recommend
that minors 13 years of age or older ask their parents for permission before sending any
information about themselves to anyone over the Internet.
Proprietary Rights in Site Content
All of the content on the Sites including, without limitation text, graphics, user interfaces,
visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service
marks, sounds, music, artwork and computer code, design, structure, selection, coordination, "look and feel"
and arrangement of such content ("Content"), is owned by NOTW, its licensors, vendors, agents or content providers.
All elements of the Sites including, without limitation the general design and the Content, are protected by
copyright, trademark, trade dress, moral rights or other intellectual property regimes. The Services and the
Sites may only be used for the intended purpose for which such Sites and Services are being made available.
Except as may be expressly set forth on the Sites, you may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly
set forth on the Sites, you may only view, play, print, and download Content on the Sites for your own personal,
informational, and noncommercial purposes only. The Sites and the Content will remain the exclusive property of
NOTW or its licensors unless otherwise expressly agreed. You will remove no copyright, trademark, or other
proprietary notices from material found on the Site.
Third Party Websites and Content
Links to Third-Party web sites are provided for convenience only. NOTW does not endorse nor support the
content of third party links. NOTW is not responsible for the content of a third-party web site. By clicking
on a third party link, you will leave the NOTW web site. Privacy and security policies may differ from those
practiced by NOTW. NOTW does not represent either the third party or the member if the two enter into a transaction.
If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications,
Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any site to
which you navigate from the Site or relating to any applications you use or install from the site.
We may make available to you NOTW Widgets via the Site. Our Widgets are a self-contained application through
which you can display select content, products and services. Subject to these Terms, you may display Widgets on
your website provided that you do not: a) modify the Widgets; b) remove, obscure, or alter any copyright notice,
trademarks, or other proprietary rights notices affixed to or contained within the Widgets. You understand and
agree that the Widgets, a part of the Sites and Services, are made available to you "as-is" without warranty
of any kind.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages,
notes, text, information, advertisements, listings, and other content that you upload, publish or display
(hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users
(collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service
that you did not create or that you do not have permission to post. You understand and agree that NOTW may,
but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User
Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment
of NOTW violates this Agreement or other NOTW policies, or which might be offensive, illegal, or that might
violate the rights, harm, or threaten the safety of users or others. By posting User Content to any part of
the Site, you automatically grant, and you represent and warrant that you have the right to grant, to NOTW an
irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense)
to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute
such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or
the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and
to grant and authorize sublicenses of the foregoing.
NOTW may suspend or terminate your account or your use of the Sites or any Network at any time, without
notice, for any reason or for no reason. It may also block your access to the Sites in the event that: (a)
us; or (c) we believe that your actions may cause financial loss or legal liability for you, our Users or
us. NOTW also reserves the right to terminate or deactivate User accounts that are inactive for an extended
period of time. Upon any such termination, your rights to access and use the Sites and Services shall
automatically terminate. NOTW has no obligation to delete, remove, or retain your activity but all activity
may be recorded and saved by NOTW in its archives.
YOU AGREE THAT YOUR USE OF THE SITES AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW: THE SITES AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. NOTW
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SITES AND SERVICES AND YOUR USE
THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION. NOTW ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PRODUCTS LISTED OR PURCHASED
ON OR THROUGH THE SITES OR SERVICES; (III) ANY ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR
OTHER PARTIES REFERENCED ON OR THROUGH THE SITES OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF NOTW
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (IV) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITES OR SERVICES; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES OR SERVICES. NOTW DOES NOT GUARANTEE ANY NUMBER
OF PRODUCT SALES OR TRANSACTIONS THROUGH THE SITES AND/OR SERVICES, AND YOU ACKNOWLEDGES AND AGREES THAT
YOU HAVE NO EXPECTATION OF OBTAINING ANY ANTICIPATED AMOUNT OF CUSTOMERS, SALES OR OTHER RESULTS BY VIRTUE
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL NOTW BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL,
TO USE THE WEBSITE, SERVICES, CONTENT AND/OR PRODUCTS, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS
INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF NOTW HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NOTW’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH
PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED THE GREATER OF (A) $100 OR (B) THE VALUE OF YOUR
PURCHASE ON THE SITES. YOU AND NOTW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE THE WEBSITE, SERVICES, CONTENT OR
PRODUCTS, SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITES AND SERVICES.
enforced in accordance with the laws of the State of California, as it is applied to agreements entered into
and to be performed entirely within such state, without regard to conflict of law principles. You agree
or Federal courts located in Riverside County in the State of California. You agree to submit to the personal
jurisdiction of the courts of the State of California for any cause of action arising out of this Privacy
cause of action arises. You agree that a cause of action filed after this date is barred. If any provision
reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then
such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible,
use of this Website and shall not be modified except in writing, signed by an authorized representative of
10.1 European Union and Other Foreign Nations
This Website is governed by and operated in accordance with the laws of United States of America (USA). NOTW
makes no representation that this Website is governed by or operated in accordance with the laws of other
nations. By using this site and submitting any personal information, visitors from outside of the USA
acknowledge this Website is subject to USA law, consent to the transfer of personal data to the USA, and
waive any claims that may arise under their own national laws.
You will indemnify, defend at NOTW's request, and hold harmless NOTW, its affiliates and their officers,
directors, employees and agents (the "Indemnified Parties") from and against any and all claims, actions,
proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses (including attorney's fees,
litigation expenses and settlement amounts) arising from or related to any of the following, provided that
the foregoing obligation to defend will apply only to claims or actions brought by a third party against
an Indemnified Party: (i) your use of, or inability to use, the Sites and Services, Content or products,
local, state, federal or international; (iv) any other party's access and use of the Sites with your unique
username, password or other appropriate security code; or (v) any negligence or willful misconduct by you.
You will not settle or compromise any claim, except with prior written consent of the relevant Indemnified
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