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PRIVACY POLICY
GENERAL
LifeOnRecord™ is committed to respecting the
privacy of our subscribers. We strive to provide a safe
and secure experience for our subscribers and their
guests. By using the LifeOnRecord web site, you consent
to the policies and practices described in this
Statement. Please read this page carefully to learn about
how we treat information on the LifeOnRecord web site.
This page may be amended or changed at any time without
notice. You should visit this page periodically to review
the statement.
Your data will be stored and processed in whole or in
part in the United States. If you access the LifeOnRecord
web site outside the United States, your usage of the
LifeOnRecord site constitutes consent to the transfer of
your data out of the United States.
Our site may contain links to other web sites over which
we have no control. LifeOnRecord is not responsible for
the privacy policies or practices of other web sites to
which you choose to link from the LifeOnRecord web site.
We encourage you to review the privacy policies of those
other web sites so you can understand how they collect,
use and share your information. This Privacy Statement
applies solely to the information we collect on the
LifeOnRecord web site, and does not apply to information
we collect in any other fashion.
COLLECTION AND RETENTION OF
INFORMATION
In some areas of our web site, LifeOnRecord requests that
you provide personal information, including your name,
address, e-mail address, telephone number, credit card
number, contact information, billing information and any
other information from which your identity is
discernible. In other areas, LifeOnRecord collects or may
collect demographic information that is not unique to you
such as your ZIP code, wedding or event date, and account
preferences. Sometimes we collect or may collect a
combination of the two types of information. The main
area on the LifeOnRecord web site where we collect
personal or combined personal and demographic data are
the pages where you can open a LifeOnRecord account. We
also gather or may gather certain information about your
use of our site, such as what areas you visit and what
services you access. Moreover, there is information about
your computer hardware and software that is or may be
collected by LifeOnRecord. This information can include
without limitation your IP address, browser type, domain
names, access times and referring Web site
addresses.
GENERAL INFORMATION DISCLOSURE
Except as described in this privacy policy, we do not
disclose your personal information including your
individual visits to our Web site, or personal
information that you provide, such as your name, address,
e-mail address, telephone number, credit card number,
personal references, etc., to any outside parties, except
when we believe, in good faith, that such release is
reasonably necessary to (i) comply with law, (ii) enforce
or apply the terms of any of our user agreements or (iii)
protect the rights, property or safety of
LifeOnRecord.com, our users, or others. But, we may
record and share aggregated information with our partners
and member companies.
We employ other companies and individuals to perform
functions on our behalf, an example would be processing
credit card payments. These other companies and
individuals may have access to your personal information
as necessary to perform their functions, but they may not
share that information with any third party.
PRIVACY STATEMENT CHANGES
If LifeOnRecord decides to change its privacy statement,
these changes will be posted here so that you will always
know what information we gather, how we might use that
information, and whether we will disclose it to anyone.
If, at any time, you have questions or concerns about
LifeOnRecord's privacy statement, please feel free to
e-mail us at
info@LifeOnRecord.com
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ABOUT COOKIES
LifeOnRecord uses temporary "cookies" to help personalize
and maximize your online experience and online time. A
cookie is a text file that is placed on your hard drive
by a web page server. Cookies are not used to run
programs or deliver viruses to your computer. Cookies are
uniquely assigned to your computer, and can only be read
by a web server in the domain that issued the cookie to
you.
You may have the ability to accept or decline cookies.
Most web browsers automatically accept cookies, but you
can usually modify your browser setting to decline all
cookies if you prefer. Alternatively, you may be able to
modify your browser setting to notify you each time a
cookie is tendered and permit you to accept or decline
cookies on an individual basis. If you choose to decline
cookies, however, that may hinder performance and
negatively impact your experience on the LifeOnRecord web
site.
CHILDREN
LifeOnRecord is not intended for children under 15 years
of age. LifeOnRecord does not knowingly collect personal
information from children under 15. LifeOnRecord believes
that a child should get a parent's consent before giving
out personal information.
TERMS OF USE
Your use of the LifeOnRecord Service ("Service")
constitutes acceptance of the Terms. Your acceptance
constitutes a binding agreement between you and
LifeOnRecord. Violation of these Terms may result in
termination of our Service to you.
LifeOnRecord reserves the right to change these Terms
from time to time. Please refer to www.LifeOnRecord.com
periodically for updates.
USE OF SERVICE
LifeOnRecord reserves the right, but does not assume the
responsibility, to monitor or review your conduct on the
Service. Your use of the Service is subject to all
applicable local, state, national and international laws
and regulations. In using the Service you agree not
to:
- Interfere or disrupt networks connected to the
Service or violate the regulations, policies or
procedures of such networks;
- Use the Service in connection with chain letters,
junk mail, surveys, contests, pyramid schemes, or use
any distribution lists including any person who has not
given specific permission to be included in such a
process (commercial or otherwise);
- Use the Service for illegal purposes;
- Transmit through the Service any material that
encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise
violate any applicable local, state, national or
international law or regulation;
- Interfere with another user's use and enjoyment of
the Service;
- Defame, abuse, harass, stalk, threaten or violate
the legal rights (such as rights of privacy and
publicity) of any other user;
- Create a false identity for the purpose of
misleading others as to your identity or the origin of
a message;
- Record or upload any material that contains
viruses, trojan horses, cancelbots, worms, time bombs,
or any other harmful or deleterious programs;
- Attempt to gain unauthorized access to the Service,
other accounts, computer systems or networks connected
to the Service, through password mining or any other
means; or
- Engage in any other conduct which, in
LifeOnRecord's sole discretion, is considered
inappropriate, unauthorized or objectionable.
SERVICE
You are solely responsible for maintaining the
confidentiality of your ID and password. You are also
solely responsible for any and all activities that occur
under your account. You agree to notify LifeOnRecord
immediately of any unauthorized use of your account or
any other breach of security known to you. You must
promptly inform LifeOnRecord of actual or apparent
breaches of security, such as loss, theft, or
unauthorized disclosure or use of your ID or passord.
Until LifeOnRecord is notified by email of a breach in
security, you will remain liable for any unauthorized use
of the Service through your account. In consideration for
using the Service, you agree to: (1) provide certain
current, complete, and accurate information about you
when prompted to do so by the Service, and (2) maintain
and update this information as required to keep it
current, complete and accurate. If any information
provided by you during your original registration is
inaccurate, LifeOnRecord reserves the right to terminate
your account immediately and your right to use the
Service.
EXTERNAL LINKS
We may provide links to third-party sites that might be
helpful to you. We have no control over the content or
availability of the contents of these sites. It is your
responsibility to become familiar with each site's
privacy and other policies and terms of service, and to
contact that site's Webmaster or site administrator with
any concerns.
DISCLAIMER OF WARRANTIES
THE CONTENT AND/OR MATERIALS AVAILABLE THROUGH THIS SITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
LifeOnRecord EXPRESSLY DISCLAIMS ALL WARRANTIES AND
CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. LIFEONRECORD MAKES NO WARRANTY THAT ITS
SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE, OR THAT THIS SITE OR OUR SERVER IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. LIFEONRECORD MAKES
NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES,
SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR
SERVICES, PURCHASED, ACCESSED, OBTAINED, OR ADVERTISED
THROUGH THIS SITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
UNDER NO CIRCUMSTANCES SHALL LIFEONRECORD BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
LIFEONRECORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE
LIFEONRECORD'S SITE OR SERVICES, FROM ANY CHANGES TO THIS
SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, our
officers, directors, employees, agents, licensors,
suppliers and any third-party information providers to
the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees,
resulting from any violation of these Terms or any
activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing
the Service using your account.
GOVERNING LAW
Any action hereunder must be brought, if at all, within
one (1) year from the accrual of the cause of action. The
parties agree that any claims hereunder shall be subject
to the state and federal laws of the state of Illinois,
and hereby consent to jurisdiction and venue in the
courts located in Lake County, Illinois.
RESOLUTION OF DISPUTES
Except as noted in paragraph (f) below, any dispute
between the parties arising out of or relating to these
Terms, the Privacy
Policy or your purchase/use of the Service, including
with respect to the interpretation of any provision of
these Terms and with respect to the performance by the
parties, shall be submitted to mandatory and binding
arbitration and resolved as provided in this Section. The
Arbitration shall be conducted in accordance with the
Commercial Arbitration Rules of the American Arbitration
Association ("AAA"). The arbitration decision shall be
final and binding on the parties and may be entered into
any court having jurisdiction over the dispute.
(a) Selection of Arbitrator. The party making demand for
arbitration shall notify the AAA and the other party in
writing describing in reasonable detail the nature of the
dispute (the "Demand for Arbitration"), and shall request
that the AAA furnish a list of five (5) possible
arbitrators who shall have substantial experience in the
area of LifeOnRecord's business. Each party shall have
fifteen (15) calendar days to reject two (2) of the
proposed arbitrators. If only one (1) individual has not
been so rejected, he or she shall serve as arbitrator. If
two (2) or more individuals have not been so rejected,
then the parties shall promptly mutually select the
arbitrator from them remaining pool of possible
arbitrators; provided, however, that if the parties are
unable to agree on such selection within ten (10)
calendar days after notification by the AAA of the need
to make such selection, then the AAA shall select the
arbitrator from the remaining pool of possible
arbitrators.
(b) Conduct of Arbitration. The Arbitration shall be
conducted in accordance with the rules for commercial
arbitration of the AAA.
(c) Place of Arbitration Hearings. Unless otherwise
agreed to by the parties, arbitration hearings hereunder
shall be held in Libertyville, Illinois.
(d) Confidentiality. The parties agree that the existence
of a dispute, any efforts or proceedings to resolve a
dispute, whether informal or pursuant to arbitration, and
any rulings or decisions issued by the arbitrator, shall
be held in confidence.
(e) Costs and Expenses. Unless the arbitrator rules
otherwise, the losing party in an arbitration conducted
hereunder shall pay for the full expenses of the
prevailing party, the arbitrator and administrative costs
assessed by the AAA, as well as their own expenses
incurred during the dispute resolution process.
(f) Injunctive Relief. The only circumstance in which
disputes shall not be subject to the requirement for
binding arbitration is where a party makes a good faith
determination that a breach of these Terms or the Privacy
Policy (or use of the Service or Device) by the other
party is such that injunctive or other equitable relief
is the only appropriate and adequate remedy. If a party
files a pleading with a court seeking immediate
injunctive relief and this pleading is challenged by the
other party and the injunctive relief sought is not
awarded in substantial part, the party filing the
pleading seeking immediate injunctive relief shall pay
all of the costs and attorneys' fees of the party
successfully challenging the pleading.
YOUR CONSENT
By using the Service, you consent to the collection and
use of the information you submit in the manner we
describe in our Privacy
Policy.
CORRECTING AND UPDATING YOUR
INFORMATION
To update or change registration information, to update
billing information, or to discontinue the Service, use
the appropriate area of the LifeOnRecord web site. You
can also correct and update information by e-mailing
info@LifeOnRecord.com
TRANSFER OF COMPANY OWNERSHIP
In the event the assets of LifeOnRecord are transferred
or sold, customer subscriptions may be one of the
transferred business assets.
ANTI-SPAM Policy
What is Spam?
Spam is unsolicited e-mail, often of a commercial nature, sent indiscriminately to multiple mailing lists, individuals, or newsgroups. In short, spam is "junk e-mail."
As defined by H.R. 3113 and reported by the Subcommittee on Telecommunications, Trade, and Consumer Protection, unsolicited e-mail refers to any electronic message that:
* advertises a product or service for profit,
* is sent for other commercial purposes,
* is sent to a recipient with whom the initiator does not have an existing business relationship, or
* invites the recipient to view content on an internet website that is operated for a commercial purpose.
LifeOnRecord recognizes an e-mail as "spam" if:
* the recipient is unable to easily unsubscribe from the e-mail list,
* the transmission contains invalid or forged headers, invalid or non-existent domain names, or other means of deceptive addressing, or
* in the opinion of the recipient, the transmission and reception of the message appears to give a disproportionate benefit to the sender.
What is opt-in vs. opt-out e-mail?
Opt-in e-mail is a web marketing term for promotional e-mail that recipients have previously requested by signing up via a website or special ad banner. Typically, web users are invited to sign up for promotional information about one or more product or service categories. Those who sign up have thus "opted in."
Opt-out e-mail is a web marketing term for promotional e-mail that recipients have not previously requested by signing up. However, for LifeOnRecord e-mail distributions, the contact's e-mail address must have been provided to LifeOnRecord by that individual via a LifeOnRecord website, conference, or trade show. Individuals who have willingly given LifeOnRecord their contact information via these methods are automatically added to e-mail distribution lists that benefit that individual. Although the individual is added to the e-mail distribution list on the concept of opt-out, the individual is ALWAYS given the opportunity to easily unsubscribe - without being hassled.
What is LifeOnRecord doing to become "anti-spam?
LifeOnRecord hopes that individuals find its e-mail communications informative and helpful. However, LifeOnRecord respects the recipient's wishes for either receiving or not receiving e-mail communications from us. Therefore, LifeOnRecord has adopted the following as procedures for all of its e-mail distribution communications:
1. Valid addressing
The e-mail communication will be sent to a single recipient with the intention of it being received by only one individual. The sender address will be a valid LifeOnRecord e-mail address that is monitored by a LifeOnRecord employee. Therefore the sender address can also be sent e-mail. The sender address will be relevant to the content of the message being sent.
2. Valid headers/subjects
The e-mail communication will always have a header or subject that is appropriate and true to the content provided in the communication. The header or subject will not be used inappropriately or give a disproportionate benefit to the sender.
3. Valid contact information
Any contact information in the e-mail communication will be real and relevant to LifeOnRecord
4. Valid subscribe/unsubscribe service
The e-mail communication will always have the "LifeOnRecord Subscription" information at the end. LifeOnRecord's website will always provide information on how to subscribe or unsubscribe to any of its e-mail distribution lists. The process to subscribe and unsubscribe is simple, real, and requires only a few seconds.
LifeOnRecord also has a strict privacy policy posted on its website, which addresses the fact that information collected by LifeOnRecord is not sold, but used internally for marketing campaigns.
5. Relevant and beneficial information for the recipient
LifeOnRecord attempts to provide honest information about our company, solutions, products, services, or other information which we feel will be in some way relevant and beneficial to the recipient.
6. Mindfulness and compliance with company policies
LifeOnRecord's e-mail distributions will be mindful and in compliance with its current Privacy Policy as well as its Anti-Spam Policy which is in compliance with current international privacy-policy requirements.
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