We may amend these Terms from time to time. If we do, we will publish the amended Terms on the Website. It is your responsibility to check the Website periodically for changes to these Terms. The date at the top of this webpage indicates when these Terms were last updated. Amendments to these Terms will take effect on the date on which we publish the amendments on the Website, and from then on will govern the relationship between you and us in respect of your use of the Website. If you do not agree with the amended Terms, you'must not continue to use the Website after the date on which the amendments take effect.
Other than personally identifiable information, which is subject to this Web Site's Privacy Statement, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner is and will be considered non-confidential and non-proprietary ("User Communications"). Pepperjam, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. Pepperjam may, but is not obligated to, monitor or review any User Communications. Pepperjam shall have no obligations to use, return, review, or respond to any User Communications. You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, offensive, pornographic, or other material that would violate any law. Pepperjam will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Pepperjam retains the right to remove any or all User Communications for any reason, including any material Pepperjam deems inappropriate or unacceptable.
Links to Other Web Sites
From time to time, this Web Site may contain links to other Web sites. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither Pepperjam nor any of its affiliates is responsible for any content, materials or other information located on or accessible from any such Web site. Neither Pepperjam nor any of its affiliates endorses, guarantees, or makes any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do this entirely at your own risk.
Links to this Web Site
Creating or maintaining any link from another Web site to any page on this Web Site without Pepperjam’s prior written permission is prohibited. Running or displaying this Web Site or any material displayed hereon from this Web Site in frames or through similar means on another Web site without Pepperjam's prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws.
DISCLAIMER. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PEPPERJAM NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES AT THIS WEB SITE. THE MATERIALS AND SERVICES AT THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER PEPPERJAM NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE MATERIALS OR SERVICES AVAILABLE THROUGH THIS WEB SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. LIMITATION OF LIABILITY. IN NO EVENT WILL PEPPERJAM, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAILPARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Applicable Laws; Jurisdiction
This Web Site is administered by Pepperjam from its offices in Wilkes Barre, Pennsylvania. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the courts of the Commonwealth of Pennsylvania, Luzerne County or the United States Middle District Court of Pennsylvania.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Pepperjam's designated agent with the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent);
- identification or description of where the material that you claim is infringing is located on the Pepperjam site, with enough detail that we may find it on Pepperjam’s website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Pepperjam’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
By mail Attn: Pepperjam Legal Department
7 South Main Street, 3rd Floor
Wilkes Barre, PA 18701
By phone: (877) 796 5700
By fax: (877) 554 3947
Scope and Consent
This privacy notice describes your privacy rights regarding our collection, use, disclosure, retention, and protection of your personal information. It applies to any Pepperjam sites where this notice appears in the footer, regardless of how you access or use them, including mobile devices. You should read it to learn how Pepperjam will process and protect your data.
By using this site or any related sites (collectively, "Sites") where this Privacy Notice is displayed or referenced, you expressly consent to the terms of this Privacy Notice.
This privacy notice does not apply to any website through which Pepperjam provides its services, for example, our websites that require an account name and password to access. Use of such service websites are governed by your master services agreement with Pepperjam.
Throughout this Privacy Notice, we use the term "personal information" to describe information that identifies a specific person, such as full name, email address or mailing address. We do not consider personal information to include: business contact information, business information publically available on the internet or other public sources, information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to identify a specific person, or information that merely identifies a computer or browser, or an ID number assigned to an anonymous person.
CHANGES TO THIS NOTICE
We may amend this Privacy Notice at any time by posting the amended terms on this Site. Any such amendment shall take effect when such amendment is posted on the Site, and from then on will govern the relationship between you and us in respect of your use of the Website. If you do not agree with the amended Privacy Notice, you must not continue to use the Website after the date on which the amendments take effect.
WHY WE COLLECT INFORMATION
We and our affiliates (members of the Pepperjam corporate family) may collect and use the information collected at our Sites for any internal purpose and provide that information to our business partners and vendors to be used by them for related purposes. For example, we may use this data to monitor our Sites and collect aggregate data for marketing purposes and for other future uses, or to determine the most appropriate information to send to those who request it.
You may choose voluntarily to give us personally identifiable information, such as your name, address, phone number, email address, or other information about yourself. In addition, we may collect non-personal information automatically as you navigate our sites. This information may include (but may not be limited to): location data, IP address, device data such as mobile identifiers, carrier network information, the mobile website or mobile app used, and cookie or pixel tag data.
Certain forms on our sites may also request contact and profile information, such as user name, email address, website, phone number, or company information. Completion of these forms is entirely voluntary but may be required in order to request certain services from Pepperjam. Job applications and resume submissions on our Sites are used to screen candidates and contact them for interviews.
Pepperjam may also use our sites to periodically survey our Clients for purposes of improving the quality of our service and customer satisfaction. Client participation is completely voluntary, and any information we collect from you as part of our surveys will be treated with the same respect as any other information gathered in accordance with this Notice.
HOW WE COLLECT IT
Our Sites use web beacons and other technologies to collect information when you access our websites, and we may store that information in "cookies".
We only obtain personally identifying information if it is supplied voluntarily. If you have chosen to receive marketing messages from us about our products and services, we may use information from our log files, cookies, or web beacons to help us make those communications more useful or interesting to you. We may periodically track the open-rates and click behavior of our emails and other messages and advertisements to help us identify which portions of our advertisements are most popular and effective with our customers.
When you access our sites, we and our affiliates, business partners and vendors may place small data files on your computer or other device. We use these data files, commonly known as "Cookies" to help us identify you as a site visitor or Client, customize our content and enhance your site experience. These third parties may also use a technology called “Tags” or "Web Beacons". Similar in function to Cookies, Web Beacons allow us to understand the movements of visitors to our Sites. The tracking technologies on our Sites do not collect personal information. We use this information to analyze trends, to administer our Sites, to track users' movements around the Sites, and to gather demographic information about our user base as a whole. Pepperjam has no access to or control over third party cookies or tracking technologies, but does not provide personal information through the use of web beacons and cookies to these parties.
You should note that although most browsers are initially set up to accept cookies, you may be able to change your browser settings to cause your browser to refuse first party or third party cookies or to indicate when a third party cookie is being sent. However, disabling or limiting cookies may cause certain features of this site to not function properly. Check your browser's "Help" files or other similar resources to learn more about handling cookies on your browser.
Do Not Track
California law requires us to state how we respond to Do Not Track (DNT) signals. Because there is currently no industry or legal standard for recognizing or honoring DNT, we do not currently respond to DNT signals. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
Use and Retention
We use the information we gather to help us improve our services to offer the best user experience possible, to communicate with our Clients, or for other internal purposes and to generally operate the website. You agree that we may use your personal information as follows:
- To deliver information specific to your interests
- To create a profile detailing your service preferences so that we can best serve you
- To save you from having to re-enter your password each time you visit our site
- To better analyze our site traffic patterns so that we can bolster our Web offering
- To respond to your questions or to provide you with the information you have requested
Any non-personally identifiable material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communication you transmit or post to our Sites in any manner will be considered non-confidential and non-proprietary "User Communications." Pepperjam and each of our affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes.
We retain your personal information as long as it is necessary and relevant for our operations.
In addition, we retain personal information from closed accounts to: comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, and take other actions permitted by law.
You have a choice about how we use your personal information to communicate with you, send you marketing information, and provide you with customized and relevant advertising.
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our services or content.
You may opt-out of the marketing messages we send at any time by utilizing the unsubscribe information provided in such message or by contacting us at email@example.com.
If you choose to unsubscribe from emails, please click unsubscribe in the applicable email message. Rarely, we may need to contact you regarding non-promotional purposes. You cannot opt out of these operational emails.
Access to Information
If you have provided us with your personal information and wish to update, correct, or delete it, you may have the ability to do so by contacting us as indicated below. We will attempt to respond to any access requests within 30 days.
If your personal information was provided to us by one of our clients and you wish to update, correct or delete it, please contact that company directly.
As stated above, we and our affiliates may collect and use the information collected at our Sites for any internal purpose and provide that information to our business partners and vendors to be used by them for such related purposes. We may also disclose personal information to respond to legal requirements, enforce our policies, respond to claims that user or Client content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with this Privacy Notice and applicable laws and regulations. As stated above, we never disclose your personal information to unaffiliated third parties for their marketing purposes without your explicit consent.
We may also share your personal information with:
- Members of the Pepperjam corporate family to provide joint content and services (such as registration, transactions, and customer support), to share contact information and basic corporate information with sister companies for the purpose of marketing other products and services that may be relevant to your business, to help detect and prevent potentially illegal acts, violations of our policies, fraud and/or data security breaches, and to guide decisions about products, services, and communications.
- Service providers under contract who help with parts of our business operations such as marketing and technology services. Our contracts dictate that these service providers only use information in connection with the services they perform for us and not for their own benefit;
- Law enforcement, government officials, or other third parties when we
- Are compelled to do so by a subpoena, court order or similar legal procedure, and
- Believe the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our User Agreements.
- Companies that we plan to merge with or may be acquired by.
If you use a bulletin board[?], chat room, blog, or other public forum function on our Sites, you should be aware that any personal information you submit there may be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums.
We store and process your personal information on our computers in the US and elsewhere in the world where our facilities are located. We protect your information using reasonable technical and administrative security measures in an effort to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. You acknowledge and agree that our security measures are not a guarantee of security and that we are not responsible for loss or misuse of your personal information.
The Pepperjam Sites are general audience websites and are not intended for children under the age of 13. We do not knowingly collect personal information via our Sites from users in this age group. If we discover we have inadvertently gathered any personal information from this age group, appropriate steps will be taken to delete it.
This Privacy Notice only applies to information received or collected by Pepperjam Sites. Our Sites do not control the privacy practices of third parties. Consumers who click on a link or advertisement, visit a third-party site, or interact with third-party content are subject to the privacy policies of those third parties, where applicable.
Questions or Complaints
Questions regarding this Privacy Notice should be directed to Pepperjam by regular mail to the attention of:
7 South Main Street, 3rd Floor
Wilkes Barre, PA 18701