Terms and Conditions  

Effective February 21, 2020

 

Welcome to the website of Keep Your Cadence, Inc. (“Cadence,” “we,” “our,” “us”), available at www.keepyourcadence.com (the “Site”). This page informs you that by visiting or purchasing products through the Site, you signify that you have read, understand and agree to be legally bound by these Terms and Conditions (“Terms and Conditions”) and our Privacy Policy below, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to these Terms and Conditions or any other part of the Agreement, then please do not use the Site or purchase any product from the Site.
These Terms and Conditions are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with the Agreement. We may update this Agreement at any time. If we do so, we will let you know by posting the amended terms on the Site or by email and such terms shall be effective for all use of the Site once they are posted. Your continued access of the Site and/or use of the services provided through the Site following the posting of any additional or different terms in the Terms and Conditions constitutes your acceptance of those additional or different terms. We, in our sole discretion, may also add, delete or change some or all of the features of the Site at any time.
As used herein, “User,” “Users,” “you,” or “your” means anyone who accesses and/or uses the Site. Capitalized terms not defined in these Terms and Conditions shall have the meaning set forth in our Privacy Policy.
 
THE SECTION BELOW TITLED “CLASS ACTION WAIVER” CONTAINS A CLASS ACTION WAIVER.  IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

1. Eligibility

The Site is intended solely for Users who are adults over the age of majority in their place of residence and any registration by, use of or access to the Site by anyone who is not over the age of majority is unauthorized, unlicensed and in violation of these Terms and Conditions. By using the Site, you represent and warrant (i) that you are over the age of majority, (ii) that you have not previously been suspended or removed from the Site; and (iii) that your registration and your use of the Site is in compliance with any and all applicable laws and regulations, (iv) and that you agree to and abide by all terms and conditions of the Agreement. Your data associated with your registration or the Site are not transferable to any other individual. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms and Conditions and that you agree to be bound by them on behalf of that organization.
If you violate any of these Terms and Conditions, or otherwise violate an agreement between you and us, do not follow instructions regarding the proper implementation of the Site, or for any other reason, we may terminate your registration for an account on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in our sole discretion. You agree that we will not be liable to you or to any third party for any termination of your right to use the Site.
Product Purchases

2. Online Orders

When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.

3. Payment Terms

All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

4. Shipping Information

It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

5. Returns

If you, for any reason, are not satisfied with your order, you may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery. Once the goods are received by us, we will refund your purchase price. All returns must be made pursuant to the specific return procedure specifically set forth on the Site (which can be found at: https://keepyourcadence.com/pages/faq). You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. Your refund will be credited back to the same payment method used to make the applicable purchase.

6. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability: 

(a) Buyer’s R&Ws: You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms and Conditions, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying goods or services from the Site for solely your own use, and not for resale or export.
(b) NO WARRANTY AND COMPANY’S DISCLAIMERS: We do not manufacture any of the goods or services offered on our Site; we only direct the manufacturer for their substantial design. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including, without limitation, any: (i) warranty of merchantability; (ii) warranty of fitness for a particular purpose; (iii) warranty of title; or (iv) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). 
(c) LIABILITY CAP: UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. 
General Site Usage

7. Collection of Data

All Personal Data about yourself provided, is further described in the Privacy Policy.

8. Intellectual Property

 
Unless otherwise noted, all materials, including, but not limited to, software, graphics, images, illustrations, designs, sound recordings, audiovisual works, icons, photographs, video clips, and written and other materials that appear as part of the Site or the products themselves (collectively, the “Content”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Cadence. Unauthorized use of the Content may violate copyright, trademark, and other laws.  The Content, and the Site, as a whole, are intended solely for personal, non-commercial use by the Users of the Site. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You may download or copy the Content and other downloadable materials displayed on the Site for your personal, non-commercial, use only. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not sell, public, transmit, transfer, assign, license, sublicense, or modify the Content or reproduce (except as noted above), display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
 
If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.
 
The trademarks, service marks, and logos of Cadence (the “Cadence Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Cadence.  Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Cadence Trademarks, the “Trademarks”).  Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of the Cadence Trademarks inures to our benefit.
 
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  None of the Content may be retransmitted without our express, written consent for each and every instance.

9. Content of Site

We are not responsible if the information on the Site is not accurate, complete or current. Any reliance on the material in the Site is at your own risk. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site, including any unavailability of the Site.
We undertake no obligation to update, amend or clarify information on the Site. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.

10. Prohibited Conduct

 
You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and Conditions and any applicable law, rules or regulations. You may not: 

• use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site; 
• attempt to gain unauthorized access to the Site, or the computer systems or networks connected to the Site through hacking, password mining or any other means;
• create user accounts by automated means or under false or fraudulent pretenses;
• transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• upload, post, email or transmit, or otherwise make available through the Site any inappropriate, defamatory, infringing, obscene, or unlawful content;
• upload, post, email or transmit, or otherwise make available through the Site any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
• interfere or attempt to interfere with the proper working of the Site;
• impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
• remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
• use the Site for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions);
• use the Site for any commercial purpose whatsoever other than for your personal use
• encourage or enable any other individual to do any of the foregoing
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site;   

11. Warranty, Disclaimer, and Release

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding which users gain access to the Site, or how you may interpret or use the Content. You release us and our officers, directors and employees from all liability arising out of or relating to your having acquired or not acquired Content through the Site. We make no representations concerning any Content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance or legality of material or Content contained in or accessed through the Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. 

12. Limitation on Liability

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT, EXCEPT FOR THE LIMITATION ON LIABILITY FOR PRODUCTS AS IDENTIFIED IN SECTION 6, SHALL BE LIMITED TO THE TOTAL FEES THAT YOU HAVE PAID TO US WITHIN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM. 
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.  

13. External sites; Third-party vendors

The Site may contain links to third-party websites, including, without limitation, the websites of third-party vendors (such as shipping providers) that may provide services complimentary to our services (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of such External Sites. The External Sites are developed and provided by others, and you should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites or the third-party vendors highlighted on such External Sites, and we do not make any representations regarding the content or accuracy of materials on such External Sites or any such third-party vendors. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

14. Indemnification

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, affiliates, licensees, licensors, assigns, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns harmless from and against any damages, losses, expenses, claims, actions, demands, liabilities, demands, and/or settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Site; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

15. Compliance with applicable laws

The Site is based in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access or use the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

16. Termination

These Terms and Conditions are effective unless and until terminated by either you or Cadence. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability. The Terms and Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination and remain in full force and effect.

17. Assignment

We may assign these Terms and Conditions at any time to a subsidiary or parent company or to a successor to our business as part of a merger or sale of substantially all of our assets. You may not assign or transfer these Terms and Conditions. 

18. Digital Millennium Copyright Act

 
Cadence respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
 
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
 
Copyright Agent
Keep Your Cadence Inc.
3537 36th Street
Astoria NY 11106
connect@keepyourcadence.com
 
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
 

19. Controlling Law

 
The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
 

20. CLASS ACTION WAIVER

 
You agree that any dispute or proceeding shall be limited between us and you individually. To the full extent permitted by law, (i) no litigation or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be litigated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. TO THE EXTENT LEGALLY PERMISSIBLE, YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
 

21. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

22. Miscellaneous

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. If any provision of these Terms and Conditions is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

23. Communication with us.

For any questions or comments, or to report violations of these Terms and Conditions, including receipt of spam from any manufacturer, contact us at: connect@keepyourcadence.com with “Terms and Conditions” in the subject line of your email.
 
Copyright 2020 Keep Your Cadence, Inc. All rights reserved.
This Privacy Policy describes the policies and procedures of Cadence (“we”, “our” or “us”) on the collection, use and disclosure of your information on keepyourcadence.com (the “Site”) and the services, features, content or applications we offer (collectively with the Site, the “Services”). We receive information about you from various sources, including: (i) if your use of the Services generally; and (ii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy covers the treatment of personally identifiable information (“Personal Information”) gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that our business partners share with us or that we share with our business partners.
This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Service or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.

WHAT INFORMATION DO WE COLLECT?

The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect and/or display some of your Personal Information. We collect the following types of information from our users.

USER CONTENT:

Some features of the Services allow you to provide content to the Services, such as written comments. All content submitted by you to the Services may be retained by us indefinitely. We may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.

FINANCIAL INFORMATION:

We do not currently collect financial information, such as your payment method (valid credit card number, type, expiration date or other financial information); that information is collected and stored by our third party payment processing company (the “Payment Processor”), and use and storage of that information is governed by the Payment Processor’s applicable terms of service and privacy policy.

IP ADDRESS INFORMATION AND OTHER INFORMATION COLLECTED AUTOMATICALLY:

We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Services (e.g., what links you have clicked on).
Generally, the Services may automatically collect usage information, such as the number and frequency of visitors to the Site. We may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables us and third parties authorized by us to figure out how often individuals use parts of the Services so that we can analyze and improve them.

EMAIL COMMUNICATIONS:

We may receive a confirmation when you open an email from us. We may use this confirmation to improve our customer service.

INFORMATION COLLECTED USING COOKIES:

Cookies are pieces of text that may be provided to your computer through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet.
Our cookies do not, by themselves, contain Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. As noted, however, we do use cookies to identify that your web browser has accessed aspects of the Services.
Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave cookies active, because they enable you to take advantage the most attractive features of the Services.
This Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties. We do not control when or how third parties place cookies on your computer. For example, third party websites to which a link points may set cookies on your computer.

INFORMATION RELATED TO ADVERTISING AND THE USE OF WEB BEACONS:

To support and enhance the Services, we may serve advertisements, and also allow third parties advertisements, through the Services. These advertisements are sometimes targeted and served to particular users and may come from third party companies called “ad networks.” Ad networks include third party ad servers, ad agencies, ad technology vendors and research firms.
Advertisements served through the Services may be targeted to users who fit a certain general profile category may be based on anonymized information inferred from information provided to us by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on Third Party Services. We do not provide Personal Information to any ad networks for use outside of the Services.
To increase the effectiveness of ad delivery, we may deliver a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit or set their own cookies, just as if you had requested a web page from their site.

AGGREGATE INFORMATION:

We may collect statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”). Some of this information may be derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, or your web browser.

HOW, AND WITH WHOM, IS MY INFORMATION SHARED?

Certain of Services are designed to help you share information with others. As a result, some of the information generated through the Services is shared publicly or with third parties.

PUBLIC INFORMATION ABOUT YOUR ACTIVITY ON THE SERVICES:

Some of your activity on and through the Services is public by default. This may include, but is not limited to, written comments you have posted on the Site or otherwise through the Services.
Such information may be publicly associated with the username you provided when posting such comments.
Please also remember that if you choose to provide Personal Information using certain public features of the Services, then that information is governed by the privacy settings of those particular features and may be publicly available.
Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Services.

IP ADDRESS INFORMATION:

While we collect and store IP address information, that information is not made public. We may at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.

INFORMATION YOU ELECT TO SHARE:

You may access other Third Party Services through the Services, for example by clicking on links to those Third Party Services from within the Site. We are not responsible for the privacy policies and/or practices of these Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

AGGREGATE INFORMATION:

We may share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We may share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

FINANCIAL INFORMATION:

As stated above, we do not currently collect financial information, as that information is collected and stored by our Payment Processor. However, we may from time to time request and receive some of your financial information from our Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, protecting against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

INFORMATION SHARED WITH OUR AGENTS:

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

INFORMATION DISCLOSED PURSUANT TO BUSINESS TRANSFERS:

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.

INFORMATION DISCLOSED FOR OUR PROTECTION AND THE PROTECTION OF OTHERS:

We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

INFORMATION WE SHARE WITH YOUR CONSENT:

Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

IS INFORMATION ABOUT ME SECURE?

We otherwise store all of our information, including your IP address information as well as email addresses you provide us in order to post written comments or to subscribe to the newsletter, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.
 

WHAT CHOICES DO I HAVE REGARDING MY INFORMATION?

You can use some of the features of the Services without registering or providing any Personal Information, thereby limiting the type of information that we collect.
You can always opt not to disclose certain information to us, even though it may be needed to take advantage of some of our features.
You can easily unsubscribe from the newsletter at any time through following the instructions in the Services.

WHAT HAPPENS WHEN THERE ARE CHANGES TO THIS PRIVACY POLICY?

We may amend this Privacy Policy from time to time, without notice to you. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we collect or use information, we may notify you by posting an announcement on the Services or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

WHAT IF I HAVE QUESTIONS OR CONCERNS?

If you have any questions or concerns regarding privacy using the Services, please send us a detailed message to connect@keepyourcadence.com. We will make every effort to resolve your concerns.

CONTACT INFORMATION:

Cadence welcomes you questions or comments regarding this Statement of Privacy. If you believe that we have not adhered to this Statement, please contact us at: connect@keepyourcadence.com
 

DISCLAIMER:

Disclaimer: Products are sold as is, without warranty of merchantability or fitness for a particular purpose.