Wagonworks, LLC and Digital PA Terms of Use

 

Last updated July 15, 2012

 

Wagonworks, LLC (“we” or “our”) provides services through our software applications, including our flagship product Digital PA™, as well as through our website (individually or collectively, our website and our software applications are referred to herein as the “Services”).

 

Please read the following terms of use (“Terms of Use”) carefully. These Terms of Use govern your access to and use of the Services and set forth the legally binding terms for your use of the Services, whether or not you have registered a Registered Account (defined below). If you are using the Services on behalf of an organization, you are agreeing to these Terms of Use for that organization and promising that you have the authority to bind that organization to these Terms of Use.  In that case, “you” and “your” will refer to that organization.

 

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, WHETHER OR NOT YOU POSSESS A REGISTERED ACCOUNT, AND AGREE TO OUR PRIVACY POLICY AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

 

Modification

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services, including any portion thereof on a global or individual basis, or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will update the “Last Updated Date” above and post the modification on our website and perhaps elsewhere within the Services. By continuing to access or use the Services after we have posted a modification to these Terms of Use or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

 

Eligibility and Account Registration

The Services available through our software application, such as Digital PA™, may be available to you on only a limited trial basis.  In order to access certain features of the Services and to post any User Content (defined below) through the Services on a permanent and ongoing basis, you must register to create an account (“Registered Account”) and become a “Registered User”. This process will require you to pay us fees and subscribe to one or more particular service levels as set forth in our Pricing Plan  which we have either provided to you directly or is viewable at our website  (“Pricing Plan”).  In compliance with privacy laws, we do not allow people below the age of 13 to create accounts; please see our Privacy Policy for further information. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Registered Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Registered Account, whether or not you have authorized such activities or actions. You agree to immediately notify us of any unauthorized use of your Registered Account. We are not liable for any damages or losses caused by someone using your account without your permission.

 

Fees and Subscriptions

We reserve the right at any time to change or modify fees for the Services in our Pricing Plan.  For example, we may offer users of the Services the opportunity to pay fees in exchange for increased storage capacity or account services. In no event will you be charged for access to the Services, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to certain features of the Services. Current details regarding the services you will receive in exchange for the payment of fees, as well as any payment terms and conditions that apply are set forth in our Pricing Plan.  All such terms shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms of Use.  If you subscribe to any service provided through the Services, you agree to pay the subscription fee identified at the time you subscribe for the subscription type you select.  We will invoice you for the amount owing from you to us.  At the time you subscribe, you will be asked to select the time period (subject to any identified minimum period) for your subscription (the “Subscription Period”). At the end of the Subscription Period, unless you previously have cancelled your subscription, your subscription will automatically renew for successive Subscription Periods and (upon renewal) we will invoice you for the then-applicable subscription fee for your Subscription Period. While we reserve the right at any time to change or modify the fees we charge for subscriptions to any service provided through the Services, in no event will any such change apply to any Subscription Period for which you already have paid. It is your responsibility to determine if you would like to use any such service before subscribing. Once you have paid a subscription fee, a refund cannot be given. If, however, you are having problems accessing any service to which you have subscribed, have contacted us, have exhausted all support options that we provide to assist you with technical problems, and are still unable to access that service, we will refund the subscription fees you have paid. These are the ONLY circumstances under which you will receive a refund of any subscription fee you have paid. In no event will you receive a refund if we terminate your Registered Account as a result of your violation of these Terms of Use.

 

Rights and Access to Content

Certain types of content are made available through the Services. “Wagonworks Content” means, collectively, text, data, graphics, images, illustrations, forms and look and feel attributes, our trademarks and logos and other content made available through the Services, including any technology or code making up the Services, excluding User Content. “User Content” means the documents, files, text, data, graphics, images, photos, video or audiovisual content and any other content uploaded, transmitted or submitted by you via the Services. You retain full ownership to User Content. We do not claim any ownership to any of it. These Terms of Use do not grant us any rights to User Content or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with User Content, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer the Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to our trusted third parties we work with to provide the Services. To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we will not share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

 

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms of Use. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible for the accuracy, completeness, appropriateness, or legality of files or any other information you may be able to access using the Services.

 

You are responsible for maintaining and protecting all of your User Content.  We will not be liable for any loss or corruption of User Content, or for any costs or expenses associated with backing up or restoring any User Content.

 

Privacy

See our Privacy Policy at http://www.wagonworksllc.com/privacy for information and notices concerning our collection and use of your personal information. If you have any questions about our Privacy Policy, please contact us at privacy@wagonworksllc.com. By accessing the Services you are agreeing to the terms of our Privacy Policy.

 

Ownership

The Services and Wagonworks Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, we and our licensors exclusively own all right, title and interest in and to the Services and Wagonworks Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Wagonworks Content.

 

License

Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable license (without the right to sublicense) to access, use, view, download and print, where applicable, the Services and any Wagonworks Content solely for your own purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Wagonworks Content, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms of Use.

 

Notify Us of Infringers

If you believe that something on the Services violates your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.

In order for us to take action, you must do the following in your notice:

(1) provide your physical or electronic signature; (2) identify the copyrighted work that you believe is being infringed; (3) identify the item on the Services that you think is infringing your work and include sufficient information about where the material is located on the Services (including which website and URL) so that we can find it; (4) provide us with a way to contact you, such as your address, telephone number, or e-mail; (5) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Services; and (6) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.

 

Here is the contact information for our copyright agent:

 

 

Copyright Enforcement

Wagonworks, LLC

58 Market Street, Unit D

Venice, CA  90291

Phone: (614)314-6225

E-Mail: hank@wagonworksllc.com

 

Again, we cannot take action unless you give us all the required information.

 

Comments and Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at support@wagonworksllc.com or through the “Help” section of the Site. You acknowledge and agree that all Feedback will be our sole and exclusive property and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

 

General Prohibitions

You agree not to do any of the following while using the Services or Wagonworks Content:

  • Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials within the Services, our name, any our trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without our express written consent;
  • Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any aspect of our system or network or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services or Wagonworks Content;
  • Attempt to access or search the Services or Wagonworks Content or download Wagonworks Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than generally available third party web browsers (such as Google Chrome, Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera) or generally available mobile devices (such as the iPad or iPhone);
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;
  • Use the Services or Wagonworks Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Use;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Wagonworks Content to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Wagonworks Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

 

We will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Services or Wagonworks Content or to review or edit any User Content, but we do have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Wagonworks Content, or to any User Content, that we, in our sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Services.

 

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Termination of Registered Account; Cancellation

Without limiting other remedies, we may at any time suspend or terminate your Registered Account and refuse to provide access to the Services. In addition, we may notify authorities or take any actions it deems appropriate, without notice to you, if we suspect or determine, in our own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by us; or (ii) engaged in actions relating to or in the course of using the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, our users, us or any other third parties or the Services.

 

You may terminate your Registered Account at any time and for any reason by sending email to support@wagonworksllc.com. Upon any termination by a Registered User, the related account may no longer be accessible. After any termination, you understand and acknowledge that we will have no further obligation to provide the Services and all licenses and other rights granted to you by these Terms of Use will immediately cease. We will not be liable to you or any third party for termination of the Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED THROUGHT THE SERVICES OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU AND MAY BE DELETED BY US IN ITS ENTIRETY. Furthermore, we will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party. Any suspension, termination or cancellation will not affect your obligations to us under these Terms of Use (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

 

Disclaimers

THE SERVICES AND WAGONWORKS CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT THE SERVICES, WAGONWORKS CONTENT OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

 

IT IS YOUR SOLE RESPONSIBILTIY TO DETERMINE WHETHER THE SERVICES WILL SATISFY APPLICABLE LEGAL OR REGULATORY REQUIREMENTS THAT MAY APPLY TO YOUR USE OF THE SERVICES.

 

Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content you submit to us, your access to or use of the Services or Wagonworks Content, or your violation of these Terms of Use.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT THEREIN REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR WAGONWORKS CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, WE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITES OR THROUGH THE SERVICES.

 

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT THEREIN EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO US. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of us used herein are trademarks or registered trademarks of ours. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

 

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the courts having jurisdiction over disputes arising in Los Angeles County, California, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

 

YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

 

Export Control

You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

Entire Agreement

These Terms of Use constitute the entire and exclusive understanding and agreement between us and you regarding the Services and Wagonworks Content, and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Wagonworks Content.

 

Assignment

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. We may freely assign these Terms of Use. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

You consent to the use of: (i) electronic means to complete these Terms of Use and to deliver any notices or other communications permitted or required hereunder; and (ii) electronic records to store information related to these Terms of Use or your use of the Services. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms of Use, will be in writing and given: (x) by us via email (in each case to the address that you provide) or (y) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Additional Terms Pertaining to Apple

The following terms pertain to your use of the Services through a download of our software applications to a device manufactured by Apple, Inc. (“Apple”):

 

Apple is not a party to these Terms of Use and we are solely responsible for the Services and the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services.

 

In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the software application you have downloaded from the Apple iTunes store. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.

 

Apple is not responsible for addressing any claims of yours or any third party relating to the Services or your use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.   Apple will not be responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claims.

 

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

 

General

The failure of us to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

 

Contacting Us

If you have any questions about these Terms of Use, please contact us at support@wagonworksllc.com.

Wagonworks, LLC and Digital PATerms of Use

 

Last updated July 15, 2012

Your privacy is a priority to us, and the aim of our Privacy Policy is to help you make informed decisions about how you interact with our products, services, and marketing communications.

This Privacy Policy applies only to the collection, use and disclosure of personal information that you may decide to provide to Wagonworks LLC (“we” or “us”) in your use of our website or through our software applications, including our flagship product Digital PA™ (individually or collectively, our website and our software applications are referred to herein as the “Services”).  Please take a moment to read this document to learn about our information collection practices that may affect you as either a registered or non-registered user (each a “User”) of our Services.

This Privacy Policy is incorporated into and is subject to our Terms of Use.  Your use of the Services and any personal information you provide through the Services remain subject to the terms of this Privacy Policy and our Terms of Use.

We may update our Privacy Policy from time to time and without prior notice. When we change the Privacy Policy we will update the “Last Updated Date” above and post the modification on our website and possibly elsewhere within the Services. When we change the policy in a material way, we will provide Users with a notice of the modification by email.

Why We Collect Personal Information

We may collect information about you through your use of the Services to provide you with a superior and personally relevant user experience. The information we collect can be personal or non-personal in nature, and may be used alone or in the aggregate with that of other Users. Your Personal Information (defined below), for instance, may be used in some cases to recommend products of interest directly to you, and in other cases for market research purposes that support our efforts to deliver a more valuable service to our community of users. For example, we may use your Personal Information to contact you with announcements, newsletters and promotional materials related to our Services. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. (See “Changing or Removing Information” below for further information.)

What Information We Collect

In the course of using the Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you; personally identifiable information may include, but is not limited to, your name, phone number, email address and mailing address (individually or collectively, “Personal Information”). We collect your Personal Information in connection with your registration to join our Services.

We also collect other information that you may provide as part of registration and the administration and personalization of your user experience (e.g., without limitation, zip code, geolocation and user preferences) (“Non-Identifying Information”). Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (e.g., combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (e.g., your viewing preferences).

When you launch any of our Services from a mobile device, we collect your device type, the unique device ID issued by Apple, Inc. for your mobile device (“Device ID”) and Internet Protocol (“IP”) address, if applicable. We use the Device ID to make it possible to authenticate and understand use of our Services. As part of your use of the Services, we collect and store the files you upload, download or access through the Services.

Cookies and Other Technologies

As is standard practice on many websites, our website use “cookies” to help us study traffic patterns on our website and understand the effectiveness of our marketing communications. A cookie is a small string of text that a website can send to your browser. Other types of cookies exist, but the cookies we use in connection with our Services can only identify your browser and cannot retrieve any other data from your hard drive, pass on computer viruses, or capture your email address. Cookies can reveal, for instance, which pages on our website are the most popular, how much time visitors are spending there, and how they are interacting with the content on these pages. You have the option to disable cookies by changing the options in your browser to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to view or use all portions of website due to limited functionality.

When We Disclose Your Information

Within the Services
As a User you may create your own profile and transmit information through the Services.  Please remember that any communications you have via the Services, depending on, for example, the functionality of the Services, may reveal your screen name, and the content of your communications making this information available to others. We are not responsible for the activities of other Users or other third parties with whom you choose to provide your Personal Information or otherwise.

With Third Parties
We may share aggregated information that includes Non-Identifying Information with third party providers with whom we have a strategic relationship. The information shared with these third parties may be used to support user trend analyses and demographic profiling but will not contain your Personal Information. Some Third Party Publishers also act as service providers and vendors to us, so in those cases we will share your information as described below.

With our Service Providers and Vendors
Disclosure of your Personal Information and Non-Identifying Information may also occur where we employ third party companies and individuals to facilitate our Services (e.g., without limitation, improvement of our Services’ features, user account authentication), to provide the Services on our behalf, or to assist us in analyzing how our Services are being used. These third parties may have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Under Special Circumstances
At times, we may disclose information about you to law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of us or a third party, to protect the safety of the public or any person or to prevent or stop activity we may consider to be or to pose a risk of being, any illegal, unethical or legally actionable activity. We also reserve the right to disclose Personal Information and/or Non-Identifying Information that we believe, in good faith, is appropriate or necessary to enforce our Terms of Use.

Our Policy Toward Children

IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER.

We do not permit users under the age of 13 to create accounts with us.

If you are the parent or legal guardian of a child under 13 who uses the Services, then please contact us at help@wagonworksllc.com to have that child’s information deleted.

How We Protect Your Personal Information

We take your privacy very seriously and employ administrative, physical and electronic measures to safeguard your information from identity theft and unauthorized access. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission of information, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We do not and will not, at any time, request your credit card information, your account ID, login password or national identification numbers in a non-secure or unsolicited communication (e.g. via e-mail, telephone, iOS device). You are responsible for maintaining the secrecy of your unique password and account information at all times.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting through the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Changing or Removing Information

As a User, your may update or delete the Personal Information in your profile by logging into your account. You may also email us at privacy@wagonworksllc.com to request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Where you share information with other users through the communication channels of our Services, you generally cannot remove such communications.

Links to Other Websites

Our Services may contain links to other websites and online services. If you choose to click on an advertisement or another third party link, you may be directed to that third party’s website or service. The fact that we link to a third party website or service is not an endorsement or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites or services. These other websites or services may place their own cookies or other files on your computer or mobile devices, collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites and services you use.

International Users

If you are located outside the United States and choose to provide information to us, we transfer Personal Information to and process it in the United States. Your consent to this Privacy Policy followed by your submission of Personal Information represents your agreement to that transfer.

Merger, Sale or Bankruptcy

In the event that we are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Contacting Us

If you have any questions about our Privacy Policy or information practices, please contact us at privacy@wagonworksllc.com.