Privacy Policy & Terms of Use
Helen Kerwin Campaign is committed to protecting the privacy of our online guests, users, staff, members, and friends through our compliance with this policy.
INTRODUCTION
Helen Kerwin Campaign is committed to protecting the privacy of our online guests, users, staff, members, and friends through our compliance with this policy. We believe that maintaining privacy on the internet is very important and hope you will read this Privacy Policy carefully so that you will clearly understand both our commitment to you and your privacy and our method of collecting and using information.
This Privacy Policy describes the types of information we may collect from you or that you may provide when you visit the website HelenKerwin.com and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Privacy Policy only applies to transactions made, and data gathered, on this Website and associated email and SMS messaging services and does not apply to any other website. By using the Website, communicating with us by email, or by otherwise submitting personal information to us, you agree to the terms of this Privacy Policy; you give your consent to the collection, storage and use of personal information as explained in this Privacy Policy. This Privacy Policy may change from time to time (see Changes to Our Privacy Policy).
This Privacy Policy applies to information we collect:
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On this Website.
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In email, text, and other electronic messages between you and this Website and the Campaign.
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When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
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Us offline or through any other means, including on any other website operated by the Campaign or any third-party; or
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Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@HelenKerwin.com.
INFORMATION ABOUT YOU WE COLLECT AND WHY WE GATHER SUCH INFORMATION
We collect several types of information from and about users of our Website, including information: That personally relates to or identifies you, such as your name, password, postal address, e-mail address, home/mobile telephone number, or any other identifier by which you may be contacted online or offline. That is about you but individually does not identify you, such as political and religious affiliation and leaning, age, or gender; and/or
About your internet connection, the equipment you use to access our Website, including but not limited to, website pages viewed, sites visited before visiting this Website, frequency of visits, clickstream data, browser type, operating system, organization name, articles, internet connection speed, presentations viewed, time spent viewing pages of our website or using certain features of our website, demographic data such as server locations, clickstream data, location services, server location, cookies existing on your computer, search criteria used and results, date and time of access or visits to our website, frequency of visits to our website, connection speed, and other information which does not specifically identify you.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. From third parties, for example, our business partners.
EMAIL COMMUNICATIONS.
We regularly send email newsletters to our registered users. Registered users may subscribe or unsubscribe to an email newsletter at any time by changing their email preferences. On occasion, we may send emails to individuals such as Website visitors who have provided us with their email address, informing them of events, developments, and various other campaign activities we think might be of interest to them. Email recipients may always opt out of any email category at any time by following the unsubscribe instructions included in the email message.
Emailing Us: We try to respond to email messages requiring a response in accordance with our internal policies. If you email us, your message and email address will be forwarded to the appropriate department within our business. We may choose to save this information. We are pleased to hear from you. However, any message, material, business information, ideas, concepts or other information sent to us by email will be treated as non-confidential and non-proprietary, and we will not be liable for delays or omissions in receiving or responding to email.
INFORMATION YOU PROVIDE TO US
The information we collect on or through our Website may include:
Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, signing up for newsletters or email notifications, making a donation to the Campaign, posting material, or requesting further information. We may also ask you for information when you report a problem with our Website. Records and copies of your correspondence (including email addresses), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of campaign donations, merchandise orders, and other transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website. Your search queries on the Website.
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: Details of your visits to our website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type. The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
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Estimate our audience size and usage patterns.
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Store information about your preferences, allowing us to customize our Website according to your individual interests.
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Speed up your searches.
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Recognize you when you return to our Website.
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The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). When you visit the Website, whether or not you register for an account, we may send one or more cookies. “Cookies’’ are small text files containing a string of alphanumeric characters that may be placed on your web browser. Cookies make it easier for you to navigate our Website by, among other things, “remembering” your identity so that you do not have to input your password multiple times as you navigate between web pages on the Website and/or as you access certain services we may provide. This use of cookies for authentication (i.e., verifying that you are who you say you are) is an essential component of site security. You can set your web browser to inform you when cookies are set or to prevent cookies from being set.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Campaign, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
THIRD PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES
Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
HOW INFORMATION HELPS BOTH YOU AND US
Information about you plays a key role in our ability to succeed in this mission. Amongst other things, it also helps us service your accounts and effectively promote the organization. For example, we use information about you to: Present our Website and its contents to you;
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Respond more accurately and efficiently to your requests;
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Identify opportunities to give you more convenience and control by developing new services that may benefit you;
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Provide you with information you request from us;
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Fulfill any other purpose for which you provide;
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Notify you about changes to our website or any products or services we offer or provide though it.
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In any other way we may describe when you provide the information.
We may also use your information to contact you about certain topics, issues, campaigns, and political candidates, services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
SOCIAL MEDIA FEATURES
Our Website may include Social Media Features such as the Facebook Like button, Twitter, and share buttons. These Features are interactive mini-programs and may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these Features are governed by the Privacy Policy of the company providing them.
HOW AND WHY WE DISCLOSE YOUR INFORMATION TO THIRD PARTIES
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We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
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We may disclose personal information that we collect, or that you provide as described in this Privacy Policy:
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To our subsidiaries and affiliates.
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To contractors, organizations, campaign staff, service providers, and other third parties we use to support our campaign operations.
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To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
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To third parties to better and more accurately identify, market, and promote issues, causes, campaigns, political candidates, and political organizations, if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
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To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend”, or similar feature of our Website, we will transmit the contents of that email and your email address to the recipients.
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For any other purpose disclosed by us when you provide the information.
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With your consent.
We may also disclose your personal information:
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To investigate and help prevent potentially unlawful activity or activities that threaten the integrity of our website or network; to protect and defend our rights or property or the rights or property of others; as required by courts or administrative agencies; and in connection with a financing, sale, merger, or reorganization of our business or assets. Any successor in interest to our business would acquire the information we maintain, including personally identifiable information, and may alter the terms of this Privacy.
POLICY
To investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the services, or to protect the rights, property or personal safety of our Campaign, the Candidate, our Campaign staff, our users, or others.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. Disclosure of Your Information for Third-Party Advertising. We will not share any of your information with unaffiliated or non-agent third parties. You can also always opt-out by sending us an email with your request to info@HelenKerwin.com.
YOUR CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@HelenKerwin.com.
SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
OPT-OUT POLICY
We may at times send you email communications with informational or promotional materials. If you prefer not to receive such marketing or promotional emails from us, you may unsubscribe completely by emailing us at: info@HelenKerwin.com Please note that opt-out requests may take up to twenty-four (24) hours to process. Please also note that at times we may need to send you email communications that are transactional in nature such as service or termination announcements or payment confirmations which are communications you will not be able to opt-out of.
If you would like us to remove your Personally Identifiable Information from our database, please send a request to: info@HelenKerwin.com
We are not responsible for removing your personal information from the lists of any third-party services or other third party who has previously been provided your information in accordance with this notice.
APPLICABLE LAW AND JURISDICTION
This Privacy Notice shall be governed by, construed and entered in accordance with the laws of the State of Texas applicable to contracts deemed to be made within such state, without regard to the choice of law or conflict of law provisions thereof. All disputes with respect to this Privacy Notice shall be brought and heard either in the Texas state or federal courts of proper jurisdiction located in Austin. You consent to the in personam jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.
CHANGES TO THIS PRIVACY POLICY
We may revise our Privacy Policy at any time. In the event of a change in this Privacy Policy, a revised Privacy Policy will promptly be posted to our Website, and the “Updated” date will be changed. Please revisit this page to familiarize yourself with the changes to the Privacy Policy. You agree to accept posting of a revised Privacy Policy as described herein as actual notice to you of such revised Privacy Policy. Your continued use of our website after such posting constitutes consent to the collection and use of your information as described in the then-current Privacy Policy.
CONTACT INFORMATION
To ask questions or comment about this privacy policy and our privacy practices, contact us at: https://HelenKerwin.com/contact To register a complaint or concern, please email our privacy officer at: info@HelenKerwin.com
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
These Terms of Service and Use (“Terms”) apply to your access to and use of the websites, mobile sites and other online offerings (collectively, the “Website”) provided by Helen Kerwin Campaign (the “Organization,” “we,” or “us”) that link to these Terms. By accessing or by using our Website, you agree to these Terms, and any terms incorporated by reference. If you do not agree to these Terms, do not use our Website.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Website or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Website after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Website.
If you have any questions about these Terms or our Website, please contact us at info@HelenKerwin.com.
ADDITIONAL TERMS
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Privacy For information about how we collect, use, share and otherwise process information about you, please see above.
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Consent to Use of Data and Mobile Communication; SMS Program Terms You consent to our communicating with you about the Website, the Organization and/or its activities by SMS, text message, email or other electronic means. Your carrier’s normal, messaging, data and other rates and fees will apply to these communications. If you subscribe to any text programs that the Organization makes available, the following terms apply: By subscribing to The Organization’s updates or alerts, you consent to receive periodic updates or alerts by automatic text message. Text STOP to stop. For Help, text HELP or contact us at info@HelenKerwin.com. Message and data rates may apply. See the terms above. Neither the Organization nor the participating carriers guarantee that messages will be delivered. The Organization may discontinue the program at any time without notice.
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User Content Our Website may allow you and other users to create, post, store and share content, including messages, comments, stories, text, photos, graphics, videos, music, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and the Organization. You grant the Organization and its independent contractors, service providers, consultants and partner organizations, a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Website, you understand that your User Content and any associated information (such as your username or profile photo if applicable) may be visible to others. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.
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Prohibited Conduct and Content You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with any User Content you post to the Website, and you are solely responsible for your conduct while using our Website. You will not:
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Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
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Use or attempt to use another user’s account without authorization from that user and the Organization;
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Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
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Sell, resell or commercially use our Website;
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Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Website, except as expressly permitted by us or our licensors;
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Modify our Website, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Website;
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Use our Website other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Website or that could damage, disable, overburden or impair the functioning of our Website in any manner;
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Reverse engineer any aspect of our Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Website;
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Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Website;
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Develop or use any applications that interact with our Website without our prior written consent;
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Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
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Bypass or ignore instructions contained in our robots.txt file or similar files; or
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Use our Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. You may not post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
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Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
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Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
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May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
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Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
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Impersonates, or misrepresents your affiliation with, any person or entity;
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Contains any unsolicited promotions, advertising or solicitations;
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Contains any private or personal information of a third party without such third party’s consent;
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Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
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In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Website, or may expose the Organization or others to any harm or liability of any type. Enforcement of this Section 4 is solely at the Organization’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Website is free of content that is prohibited by such rules.
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Ownership; Limited License The Website, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by the Organization or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Website are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Website for your own personal, noncommercial use. Any use of the Website other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.
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Trademarks Helen Kerwin Campaign and our logos, our product or service names, our slogans and the look and feel of the Website are trademarks of the Organization and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and The Organization’s names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
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Feedback You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about the Organization or our Website (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in the Organization’s sole discretion. You understand that the Organization may treat Feedback as nonconfidential.
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Repeat Infringer Policy; Copyright Complaints In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the access or accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Website infringes any copyright that you own or control, you may notify the Organization’s designated agent: https://HelenKerwin.com/contact
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Website is infringing, you may be liable to the Organization for certain costs and damages.
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Third-Party Content, Products, and Websites. We may provide information about third-party organizations, events, products, services, or activities, or we may allow third parties to make their content and information available on or through the Website (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. The Organization does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
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Indemnification To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Organization and its independent contractors, service providers, and consultants, successor organizations, and partner organizations, and each of their respective officers, directors, agents, partners and employees (individually and collectively, the “Indemnified Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your User Content or Feedback; (b) your violation of these Terms; (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (d) your misconduct in connection with the Website. You agree to promptly notify Indemnified Parties of any third-party Claims, cooperate with Indemnified Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims including, but not limited to, attorneys’ fees. You also agree that the Indemnified Parties will have control of the defense or settlement, at the Indemnified Party’s sole option, of any third-party Claims.
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Disclaimers Your use of our Website is at your sole risk. Except as otherwise provided in a writing by us, our Website and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, the Organization does not represent or warrant that our Website are accurate, complete, reliable, current or error-free. While the Organization attempts to make your use of our Website safe, we cannot and do not represent or warrant that our Website or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Website.
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Limitation of Liability To the fullest extent permitted by applicable law, The Organization and its contractors, service providers, consultants, successor organizations, and partner organizations, and each of their respective officers, directors, agents, and employees (collectively the “Parties to the Organization”), will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if such parties have been advised of the possibility of such damages. The total liability of the Organization and Parties to the Organization for any claim arising out of or relating to these Terms or our Website, regardless of the form of the action, is limited to the greater of $5.
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Governing Law and Venue Any dispute arising from these Terms and your use of the Website will be governed by and construed and enforced in accordance with the laws of Texas, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Travis County, Texas.
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Modifying and Terminating our Website We reserve the right to modify our Website or to suspend or stop providing all or portions of our Website at any time. You also have the right to stop using our Website at any time. We are not responsible for any loss or harm related to your inability to access or use our Website.
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Severability If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
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Miscellaneous The failure of the Organization to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.