Omnibus Terms and Conditions

NOTE: These are my terms and conditions to demonstrate several points at once:

  1. I want to be legally safe as a service provider and essayist.
  2. I wish to educate people on how straightforward legality can be when parsed correctly.
  3. Legally substantial information does not need arbitrary complexity and can be designed for ease-of-use, though law school takes enough work that it makes sense to obfuscate it.

This was parsed from selecting elements at PrivacyPolicies.com with modified language to fit my situation and simplify. I’m not a lawyer and don’t make enough money to hire one, so this represents the scope of my risk management for most typical use cases.

Please also consult related policies of service providers I use:

If you wish to take any action, you must contact me first about any discrepancies between these terms and that policy, and give me enough time to take timely action.

Last updated: September 9, 2023

Interpretation

When the word’s initial letter is capitalized, the word is underlined, and is not part of a hyperlink, that word has a meaning defined under the following conditions. The word will be the same meaning whether it is expressed as singular or plural.

For the purposes of all following agreements:

  • Account means a unique account created for You to access any part of the Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Agreement (also referred to by “Terms” and “Conditions” in this Agreement) means this Omnibus Terms and Conditions that forms the entire agreement between You and Me regarding the use of the Service. These terms are a combination of:
    • Disclaimer
    • Privacy Policy
    • End User License Agreement
    • Terms and Conditions
    • Return Policy
  • Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  • Cookies are small files placed on Your computer, mobile device or any other device by a website, among its many uses containing the details of Your browsing history on that website.
  • Country refers to every state, municipality, and territory in the United States, except where inapplicable. It also may apply to Your national territory. In a situation representing conflicting laws, the laws of the country with the most permissive rights and privileges bestowed takes precedence.
  • Dave (also referred to by “I”, “Me” or “My” in this Agreement) refers to Dave Stucky (formerly known as Greg Stucky) and the legal fiction declared from his birth as GREGORY DAVID STUCKY.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Goods refer to the items offered for sale on the Service, but not including Performed Service.
  • Orders mean a request by You to purchase Goods from Me.
  • Performed Service means labor I have performed for You in exchange for some form of payment.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service refers to several possible objects (also referred to as “Application” or “Website”):
  • Service Provider means any natural or legal person who processes the data on behalf of Me. It refers to third-party companies or individuals employed by Me to:
    • To facilitate the Service.
    • To provide the Service on behalf of Me.
    • To perform services related to the Service.
    • To assist Me in analyzing how the Service is used.
  • Third-Party Social Media Service refers to any website or any social network website where a User can log in or create an Account to use My Service.
  • Third-Party Sites And Services (also referred to by “Third-Party Services”) means any services or content (including data, information, applications and other products or services) provided by a third-party that may be displayed, included or made available by the Application.
  • Usage Data refers to data automatically collected, either generated by using the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • You (also referred to as “Your” in this Agreement) means the individual accessing or using the Service or any other legal entity acting on behalf of that individual, as applicable.

Your Acknowledgments

This is the Agreement is a legal document that operates between You and Me. It governs the use of the Service I have made available to You. This Agreement set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with this Agreement. These Conditions apply to every entity who may directly or indirectly access or use the Service. Please carefully read every section of My Agreement before using My Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service, though you are free to contact me under the Contact Me section to dispute these Terms.

By using the Service, You represent that you are over the age of consent. I does not permit those under the age of consent to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy section of this Agreement. My Privacy Policy section describes My policies and procedures on the collection, use and disclosure of Your Personal Data when You use the Service and tells You about Your privacy rights and how the law protects You.

By downloading or using My Application, clicking the “I Agree” button, or selecting My Website’s hyperlink, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not download or use my Application, use my Website, or click on the “I Agree” button.

Translation Interpretation

This Agreement may have been translated if I have made them available to You on My Service. You agree that the original English text shall prevail in the case of a dispute.

Scope of Your License

I have licensed, not sold, the Service to You for use strictly in accordance with the terms of this Agreement. The content and trademarks on my Services, unless otherwise noted, are My exclusive intellectual property. I grant You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Service strictly in accordance with the terms of this Agreement.

The license that I have granted You for the Service is dependent upon your purpose for your activity:

  1. Your personal, non-commercial purposes: for non-commercial purposes, Your use is bound by the Creative Commons CC0 license. You are free to reuse, republish, and reprint its content (examples include archiving, web scraping, and modifying it). This includes decrypting, reverse compiling, and reverse engineering any of My software.
  2. Your personal, commercial purposes: for commercial purposes, Your use is bound by the Creative Commons CC BY-SA. You are free to reuse, republish, and reprint its content (examples include archiving, web scraping, and modifying it), but You must honor additional limits:
    1. You must attribute Me as the original creator of the work. I prefer receiving written consent first and consider it ethical, but do not require it.
    2. You must provide the same CC BY-SA license upon your work to permit others to do the same.
    3. You are not permitted to decrypt, reverse compile, or reverse engineer My software without My express permission. Please contact Me if you wish to do so.

Limits on Your License

If I have indicated a narrower scope elsewhere, that scope supersedes the scope of this Agreement. If the work was created in the course of Performed Service to another entity, this expresses as their intellectual property rights as well as this Agreement, subject to interpretation and the situation itself.

If I use any intellectual property that is not my creative work (e.g., photos, videos), that content is subject to all applicable intellectual property laws. If My content violates intellectual property law, I am required to receive a cease and desist notification via the Contact Me section before further legal action is taken.

Fair Use Disclaimer

Within the course of working on the Service, I may use copyrighted material which has not always been specifically authorized by the copyright owner. I make such material available for criticism, comment, news reporting, teaching, scholarship, or research.

I believe this constitutes a “fair use” of any such copyrighted material as provided for in section 107 of the United States Copyright law.

If You wish to use copyrighted material from the Service for Your own purposes that go beyond fair use, You must obtain permission from the copyright owner.

If any content is in violation of this Agreement, You must contact me before taking action and I will remove the violating content from public access within My Service.

Indemnification

You agree to indemnify and hold Me and My Affiliates harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your:

  1. use of the Service
  2. violation of this Agreement or any law or regulation
  3. violation of any right of a third party.

“As Is”/”As Available” Disclaimer

The Service is provided to You “as is” and “as available”, with all faults and defects, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

To the maximum extent permitted under applicable law, on My own behalf and on behalf of My Affiliates and its and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including:

  • All implied warranties of merchantability
  • Fitness for a particular purpose
  • Title and non-infringement
  • Warranties that may arise out of:
    • Course of dealing
    • Course of performance
    • Usage
    • Trade practice

Without limiting the foregoing, I provide no warranty or undertaking, and make no representation or warranty of any kind that the Service or any information, content, materials, products, servers which host it, emails sent from or on My behalf, or anything else connected to the Service will:

  1. Meet Your requirements
  2. Achieve any intended results
  3. Be compatible or work with any other software, applications, systems or services
  4. Operate without interruption
  5. Meet any standards of availability, operation, performance, accuracy, reliability, or currency
  6. Be error free
  7. That any errors or defects can or will be corrected
  8. Be free of harmful components such as:
    • Viruses
    • Scripts
    • Trojan horses
    • Worms
    • Malware
    • Timebombs

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In that situation, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, I shall be solely responsible for such warranty.

Modification Clause

From time to time, I may provide new features, bug fixes, edits, or other alterations which may affect the Service. I reserve the right to perform this without notice, and in the good faith presumption that I am doing it for the purpose of improving or maintaining the Service.

“Use At Your Own Risk” Disclaimer

The information contained on the Service is for general educational and information purposes only.

  • The information is not intended as professional advice, and I do not claim to be a specialist in any capacity about any domain of expertise. My claims of non-expertise can not replace an expert’s advice, and are included but not limited to:
    • Medical advice from a healthcare provider.
    • Legal advice from an attorney.
    • Insurance advice from a qualified insurance agent.
    • Accounting or tax advice from a qualified CPA.
    • Investment advice from a FINRA-approved financial advisor.
  • The information is also not intended to incite an insurrection or otherwise create any political unrest.

Should you decide to act on any information on the Service, You do so at Your own risk.

I will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or the contents of the Service. This exemption of liability will apply for all consequential, special or similar damages arising out of or in connection with Your access, use, or inability to access or use the Service or its contents. This exemption of liability applies whether in an action of contract, negligence or other tort, even if advised of the possibility of such damages.

Links to Other Websites and Third-Party Services

My Service may contain links, display, include, or make available Third-Party Sites And Services (including data, information, applications, and other products and services). If You interact with a third party link or element, You may be directed to that Third-Party’s Sites And Services.

These Third-Party Sites And Services are not provided, maintained, owned, operated, or controlled by Me. I do not assume and shall not have any liability or responsibility to You or any other entity or person whatsoever for any Third-Party Sites And Services.

I have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Sites And Services. I do not guarantee the following about any information of any Third-Party Sites And Services or any aspect thereof:

  • Accuracy
  • Relevance
  • Timeliness
  • Validity
  • Completeness
  • Copyright compliance
  • Legality
  • Decency
  • Quality

You further acknowledge and agree that:

  1. I shall not be responsible or liable, directly or indirectly, for…
  2. …any damage or loss caused or alleged to be caused by…
  3. …or in connection with the use of or reliance on…
  4. …any such content, goods or services available…
  5. …on or through any such sites or services.

You must comply with applicable third parties’ terms of agreement when using their services. Third Party Sites And Services are provided solely as a convenience to You, and You are accessing them entirely at your own risk.

I strongly advise You to read the terms and conditions, especially their privacy policies, of any Third Party Sites And Services that You visit. If you do not agree with them, I strongly advise you to seek alternatives whenever possible.

Errors and Omissions Disclaimer

The information on the Service has been verified to the best of my abilities, but I cannot guarantee there are no errors or omissions. I am not responsible for any errors or omissions, or for the results obtained from the use of information connected with the Service.

Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.

Views Expressed Disclaimer

The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including Me. The information in the Service is borrowed from other sources, and does not represent truth simply because it was written.

In a situation where the information would represent as libelous, I have provided exculpatory obfuscation to protect the potentially injured parties.

Past performance regarding good information does not guarantee using the information will create future results.

Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. I am not liable for any comment published by users and reserve the right to delete any comment for any reason whatsoever.

My Liability Limits

Notwithstanding any damages You might incur, My entire combined liability, along with any of My suppliers under any provision of this Agreement, and Your exclusive remedy for all of the foregoing, shall be limited to the greater of:

  1. The amount actually paid by You through the Service.
  2. 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall I or My suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever. This includes, but is not limited to:

  • Damages for loss of profits.
  • Loss of data or other information.
  • For business interruption.
  • For personal injury.
  • Loss of privacy arising out of or in any way related to the use of or inability to use the Service.
  • Third-party software and/or third-party hardware used with the Service, or any otherwise connection with any provision of this Agreement.

I am still not liable even if I or any supplier have been advised of the possibility of such damages and even if the remedy fails regarding its essential purpose.

Some states/jurisdictions do not allow the exclusion of implied warranties or liability limits for incidental or consequential damages, and some of the above limitations may not apply. In these states/jurisdictions, each party’s liability will be limited to the lowest extent permitted by law.

Scope of My License

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

  • If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in, and this Agreement is compliant with privacy regulations regarding that information.
  • For United States compliance, You represent and warrant the following:
    1. You are not located in a country subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country.
    2. You are not listed on any United States government list of prohibited or restricted parties.

Advertisements

It is not my conventional practice to display advertisements as part of My Service, but I may occasionally advertise promotions by Affiliates.

Any advertisements on My Service are not connected with My Service, and You engage with those advertisements at Your own risk.

As a matter of ethics, I find advertisements an impediment to the user experience. If My Service provides intrusive advertisements, for any reason whatsoever, I am not liable for them.

Privacy Policy

This Privacy Policy section describes:

  • My policies and procedures on the collection, use and disclosure of Your information when You use the Service.
  • Tells You about Your privacy rights and how the law protects you.

The Service uses Your personal data to provide and improve the service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy section.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using the Service, you may be asked to provide certain Personal Data that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Usage Data

The Service may also give other opportunities for You to provide other Personal Data. By entering optional information, You consent to the Service using it:

  • Comments on any social media or blog post: An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
    • If You leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
    • I reserve the right to use Your comments, feedback, and suggestions to improve My Service or other products and services, and am not required to give You compensation or credits for it.
  • Uploaded media: If you upload images to the Service, You should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the Service can download and extract location data from images on the website.
  • Login information: If a user registers on My Service, I also store the Personal Data they provide in their user profile. All users can see, edit, or delete their own Personal Data at any time, though they typically cannot change their username. Website administrators, including Me and possibly my Affiliates, can also see and edit that information.
Usage Data

Usage Data is collected automatically when using the Service on any Device, and may include information such as:

  • Your Device’s Internet Protocol address (e.g., IP address)
  • Your Device’s browser type
  • Your Device’s browser version
  • the pages of My Service that You visit
  • the time and date of Your visit
  • the time spent on those pages
  • the type of Device You use
  • Your Device’s unique identifier (e.g., MAC address)
  • Your Device’s operating system
  • other diagnostic data

I may also collect information Your browser or mobile device sends whenever You visit or access My Service.

Relative to most commercial services, My Service collects minimal usage data.

Information from Third-Party Social Media Services

I may allow You to create and log in with an Account to use the Service through the following Third-party Social Media Services:

  • Google
  • Facebook
  • Twitter
  • LinkedIn

If You decide to register through or otherwise grant Me access to a Third-Party Social Media Service, I may collect Personal Data already associated with Your Third-Party Social Media Service’s account, such as:

  • Your name
  • Your email address
  • Your activities on that social media service
  • Your contact list associated with that account

You may also have the option of sharing additional information with Me through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving Me permission to use, share, and store it in a manner consistent with this Privacy Policy section.

Tracking Technologies and Cookies

I use Cookies and similar tracking technologies to track the activity on My Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze My Service. The technologies I use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or indicate when a Cookie is sent. However, if You do not accept Cookies, You may not be able to use some parts of My Service. Unless you have adjusted Your browser setting to refuse Cookies, My Service may use Cookies.
  • Web Beacons. Certain sections of My Service and My emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Me to:
    • Count users who have visited those pages or opened an email
    • Recording the popularity of a certain section
    • Verifying system and server integrity
    • Other related website statistics

Cookies have different types:

  • Persistent Cookies remain on Your personal computer or mobile device when You go offline.
  • Session Cookies are deleted as soon as You close Your web browser.
  • First-Party Cookies are directly part of My Service functioning correctly.
  • Third-Party Cookies are placed on your computer by third-parties, Affiliates, and hackers.
  • Marketing Cookies are provided by a service provider to personalize the marketing experience for users.
  • Performance and Analytical Cookies measure statistics and performance to verify a Service’s functionality.

I may use both Session and Persistent Cookies for the purposes set out below:

  • Necessary / Essential Cookies
    • Type: Session Cookies Administered by Me.
    • Purpose: These Cookies are essential to provide You with My available Service and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user Accounts. If you have an Account and you log in to the Service, the Service will set a temporary cookie to determine if your browser accepts Cookies. Without these Cookies, the services You have asked for cannot be provided, and I only use these Cookies to provide You with those services. This Cookie contains no personal data and is discarded when you close your browser.
  • Cookies Policy / Notice Acceptance Cookies
    • Type: Persistent Cookies Administered by Me.
    • Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
  • Functionality Cookies
    • Type: Persistent Cookies Administered by Me.
    • Purpose: The purpose of these Cookies is to provide You with a more personal experience by allowing Me to remember choices You make when You use the Service, such as:
      • Remembering Your login details and language preference, which last for two days. If You select “Remember Me” on the login screen, the login will persist for two weeks. If you log out of your Account, the login cookies will be removed.
      • Remembering Your screen options, which last for one year.
      • Avoid You having to re-enter Your preferences every time You use the Service, which last for one year.
      • If You edit or publish an article, an additional Cookie will be saved in Your browser. This Cookie includes no Personal Data and simply indicates the post ID of the article You just edited, and expires after 1 day.

Articles on the Service may contained embedded content (e.g., videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if You had visited those Third-Party Sites And Services directly.

My Use of Your Personal Data

I may use Your Personal Data for the following purposes:

  • To provide and maintain My Service: Monitoring the usage of My Service.
  • To manage Your Account: Managing Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service available to You as a registered user.
  • For the performance of a contract: The development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or for any other contract with Me through the Service.
  • To contact You: To contact You by email, newsletter, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications for updates or informative communications related to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.
  • To provide You with information: You are able to receive news, special offers and general information about other goods, services and events I offer which are similar to those you have already purchased or requested. This does not apply if You have opted to not receive such information.
  • To manage Your requests: To attend and manage Your requests to Me.
  • For business transfers: I may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of My assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Me about My Service users is among the assets transferred.
  • For other purposes: I may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of My promotional campaigns and to evaluate and improve My Service, products, services, marketing and Your experience.

I may share Your Personal Data in the following situations:

  • With Service Providers: I may share Your Personal Data with Service Providers to monitor and analyze the use of My Service, or with your consent to contact You.
  • For business transfers: I may share or transfer Your Personal Data in connection with, or during negotiations of, any merger, sale of My assets, financing, or acquisition of all or a portion of My business to another company.
  • With Affiliates: I may share Your information with My Affiliates, in which case we will require those Affiliates to honor this Privacy Policy section. Affiliates include My parent company and any other subsidiaries, joint venture partners or other companies I control or that are under common control with Me.
  • With business partners: I may share Your information with My business partners to offer You certain products, services or promotions.
  • With other users: When You share Personal Data or otherwise interact in public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
  • With Your consent: I may disclose Your Personal Data for any other purpose with Your consent.

Retention of Your Personal Data

I will retain Your Personal Data for only as long as is necessary for the purposes set out in this Privacy Policy section. I will retain and use Your Personal Data to the extent necessary to comply with:

  • My legal obligations (for example, if I am required to retain Your data to comply with applicable laws)
  • Resolve disputes
  • Enforce My legal agreements and policies

I will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when:

  • This data can strengthen My Service’s security or improve its functionality
  • I am legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at My operating offices and in any other locations where Affiliates are involved in processing. Therefore, this information may be transferred to (and maintained on) computers located outside Your state, province, country or other governmental jurisdiction. The data protection laws in that area may differ than those from Your jurisdiction.

My Services sometimes use caching to ensure a faster response time and better user experience. Caching potentially stores a duplicate copy of every web page displayed on this site on Your local device. All cache files are temporary, and never accessed by any third party, except as necessary for technical support purposes. They have a natural expiration, but may also be purged beforehand, if necessary.

Your consent to this Agreement, followed by Your submission of such information, represents Your agreement to that transfer.

I will take all steps reasonably necessary to ensure Your Personal Data is treated securely and in accordance with this Privacy Policy section. Your Personal Data will not transfer to an organization or a country unless there are adequate controls in place that protect the security of Your data and other Personal Data.

If You have an account on the Service, or have volunteered information such as comments, You can request to receive an exported file of the personal data I have about you, including any data you have provided to us.

Delete Your Personal Data

You have the right to delete or request I assist in deleting the Personal Data which I have collected about You.

My Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your Personal Data at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows You to manage Your Personal Data. You may also contact Me to request access to, correct, or delete any Personal Data which You have provided to Me.

Please note, however, that this does not include any data I am obliged to keep for administrative, legal, or security purposes. In specific circumstances, I may need to retain certain information.

Disclosure of Your Personal Data

Business Transactions

If My Service is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. I will provide notice before Your Personal Data is transferred and becomes subject to a different Agreement.

Law Enforcement

Under certain circumstances, I may be required to disclose Your Personal Data if I am required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other Legal Requirements

I may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend My or Your rights or property
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of users of the Service, or the personal safety of the public
  • Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Me, but there is never a 100% secure:

  • method of transmission over the Internet
  • method of electronic storage

I strive to use commercially acceptable means to protect Your Personal Data, but I cannot guarantee its absolute security.

Children’s Privacy

My Service does not address anyone under the age of consent. I do not knowingly collect personally identifiable information from anyone under the age of consent.

If You are a parent or guardian and You are aware that Your child has provided Me with Personal Data, please contact Me.

If I become aware I have collected Personal Data from anyone under the age of 13 without verification of parental consent, I take steps to remove that information from My servers.

If I must rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, I may require Your parent’s consent before I collect and use that information.

Purchases

My Service may offer Goods, services, or items You are free to purchase. Your purchase of them constitutes a binding agreement, which will be fulfilled when I deliver the product.

These purchases may be from a variety of sources, including but not limited to:

  • in-app purchases inside the Service software
  • online purchases through the website
  • transactions through a third-party vendor

I also may offer subscription plans for a fee. By purchasing a subscription, You agree to both an initial and recurring subscription fee at the then-current rate and interval, and You accept all responsibility for all recurring charges until You cancel Your subscription. You may cancel your subscription at any time, subject to the Your Order Cancellation Rights section.

Promotions, Contests and Sweepstakes

From time to time, I may offer free or discounted items as part of my Service. The terms of those promotions will supersede the terms of this Agreement, when applicable.

Termination of License

This Agreement shall remain in effect until either You or I terminate it.

I may, in My sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice or liability, including without limitation if You breach this Agreement. I have the right to maintain termination of Your use of the Service for as long as I deem necessary.

Upon termination, Your right to use the Service will cease immediately, without any required prior notice from Me, in the event that you fail to comply with any provision of this Agreement.

You may also terminate this Agreement by deleting the Service completely from Your Device.

Upon termination of this Agreement, You shall cease all use of the Service and delete all copies of the Service from Your Device.

Termination of this Agreement will not limit My rights or remedies at law or in equity in case You have breached (during the term of this Agreement) any of Your obligations under the present Agreement.

Conflict Resolution Procedures

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by directly contacting Me. If you cannot document an interaction with Me, You cannot engage in a formal action against Me.

Your Order Cancellation Rights

You are entitled to cancel Your Order within 45 days without giving any reason for doing so.

The deadline for cancelling an Order is 45 days from the date You received the Goods or a third party you have appointed (who is not the carrier) takes possession of the Good delivered. For subscriptions, the deadline is 30 days.

To exercise Your right of cancellation, You must inform Me of Your decision by means of a clear statement. The statement must indicate whether you want a refund or a replacement of the Goods. You can inform Me of Your decision via the Contact Me section below.

I will reimburse You no later than 14 days from the day I receive the returned Goods. I will use the same means of payment as You used for the Order if possible, and You will not incur any fees for the reimbursement.

Conditions for Returns

For Goods to be eligible for a return, make sure that:

  • The Goods were purchased in the last 45 days.
  • The Goods are in the original packaging.
  • The Goods have their receipt or proof of purchase.

The following Goods cannot be returned:

  • Goods made to Your specifications or clearly personalized.
  • Goods which are not suitable to be returned according to their nature, deteriorate rapidly or where the expiration date is past.
  • Goods due to health protection or hygiene reasons are not suitable for return and were unsealed after delivery.
  • Goods which are, after delivery, according to their nature, inseparably mixed with other items.
  • Goods which were on clearance or discontinued.

I reserve the right to refuse returns of any merchandise that does not meet the above return conditions in My sole discretion.

Only regular priced Goods may be refunded. Unfortunately, Goods on sale will only be refunded at My discretion. This exclusion may not apply to You if it is not permitted by applicable law.

Returning Goods

You are responsible for the cost and risk of returning the Goods to Me. Please contact Me for further instruction about where You should send the Goods.

I cannot be held responsible for Goods damaged or lost in return shipment. Therefore, I recommend an insured and trackable mail service. I am unable to issue a refund without actual receipt of the Goods or proof of received return delivery.

Gifts

If the Goods were marked as a gift when purchased and then shipped directly to you, You’ll receive a gift credit for the value of Your return. Once the returned product is received, a gift certificate will be mailed to You.

If the Goods weren’t marked as a gift when purchased, or the gift giver had the Order shipped to themselves to give it to You later, I will send the refund to the gift giver.

Entire Agreement

The Agreement as stated above constitutes the entire agreement between You and Me regarding Your use of My Services and supersedes all prior and contemporaneous written or oral agreements between You and Me.

You may be subject to additional terms and conditions that apply when You use or purchase My other services, which I will provide to You at the time of that other service’s use or purchase.

Possible Changes

Changes to These Terms and Conditions

I reserve the right, at My sole discretion, to modify or replace these Terms at any time without prior notice. If a revision is material I will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect, but I cannot guarantee or provide warranty of said notice. What constitutes a material change will be determined at My sole discretion.

By continuing to access or use My Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

I reserve the right to change any terms at my discretion.

Changes to this Agreement

I may update My Agreement from time to time. I will notify You of any changes by posting the most up-to-date Agreement on this page.

I reserve the right, at My sole discretion, to modify or replace this Agreement at any time, for any reason.

A material change will be determined by My sole discretion, and I reserve the right to make material changes as I deem necessary.

I will use conventional updating methods to indicate this change (for example, a software’s changelog) or by providing a prominent notice on My Service.

You are advised to review this Agreement periodically for any changes. Changes to this Agreement are effective when they are posted on this page.

By continuing to access or use the Service after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Severability and Waiver

Severability: If any provision of this Agreement is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect until amended in a future Agreement with a future effective date.

Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time later, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Contact Me

If you have any questions about My Agreement, please contact Me by email: dave@stucky.tech