Terms of service
Terms of Service
Updated March 28, 2023
OVERVIEW
This website is operated by Privacy Rights Clearinghouse. Shopify Inc. hosts our store and provides us with the online e-commerce platform. Throughout the site, the terms “we”, “us” and “our” refer to Privacy Rights Clearinghouse.
By accessing or using any part of this website and/ or purchasing or downloading something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional terms and conditions and policies referenced and/or available by hyperlink. These Terms of Service apply to all users of the site in their entirety, unless otherwise stated. For example, the Database Download Terms section applies to users who download any of our databases (“The Data”).
Please read these Terms of Service carefully before accessing or using our website or downloading The Data. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
A breach or violation of any of the Terms of Service will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information that is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Please note that all sales are final, and we do not provide any refunds.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete, and accurate purchase and account information for all purchases made.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.
SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 11 – DATABASE DOWNLOAD TERMS
Please read this section (“Download Terms”) if you are downloading any of our databases (“The Data”). By downloading The Data, you accept and agree to comply with the Download Terms in addition to the remainder of the Terms of Service. If you do not agree with the Terms of Service and the Download Terms in their entirety, do not download The Data.
LICENSE AGREEMENT
The compilation, formatting, and enriched nature of The Data are protected by United States and international intellectual property laws. Although the raw data may be in the public domain, you acknowledge that The Data have been created and developed at the great expense of time and money such that misappropriation or unauthorized use by others for commercial gain would unfairly and irreparably harm Privacy Rights Clearinghouse. Subject to the Terms of Service, Privacy Rights Clearinghouse grants you a non-exclusive, non-transferable, non-sublicensable, royalty-free single license to copy, display, and use The Data subject to the exclusions below.
Exclusions
You are not permitted to distribute, sublicense, sell, or otherwise transfer The Data in whole or in part. You may not reverse engineer, decompile, or disassemble The Data, except to the extent that such activity is expressly permitted by applicable law. You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in The Data.
You may create and distribute products, applications, reports, or publications that incorporate The Data, provided that such distribution does not display or make available The Data in raw form or substantial portions thereof. The use of The Data should be for legitimate purposes related to your business operations, such as conducting research, performing data analytics, creating reports or publications that incorporate insights derived from The Data, or developing products and services that leverage the Data without directly selling, distributing, or sublicensing the raw Data or substantial portions thereof.
If you wish to sell or distribute The Data, either in whole or in part, you must first obtain written permission from Privacy Rights Clearinghouse.
PROHIBITED USES; COMPLIANCE WITH LAW
You may not use The Data in a manner that violates any law or solicit others to perform or participate in any unlawful act. We make no representation that The Data are appropriate or available for use in any particular location. Those who choose to access, download, and use The Data do so on their own initiative and are responsible for compliance with all applicable laws including any applicable international, federal, provincial or state regulations, rules laws, or local ordinances.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION
DISCLAIMER OF WARRANTIES
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products (including The Data) and Services delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including, but not limited to all warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, or other violation of rights.
We do not warrant the adequacy, accuracy, likely results, or completeness of The Data or any third-party sites linked to or from The Data. We do not make any commitment to ensure The Data are kept up to date. The Data may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.
We do not warrant that The Data will meet your requirements or that the information derived from The Data will meet your expectations. No advice or information, whether oral or written, obtained by you from Privacy Rights Clearinghouse shall create any warranty not expressly stated in these Terms of Service.
LIMITATION OF LIABILITY
In no case shall Privacy Rights Clearinghouse, our directors, officers, employees, affiliates, agents, contractors, suppliers, interns, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products (e.g. The Data) procured using the Service, or for any other claim related to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Without limitation to the above, any damage occurring to computer systems as a result of attempts to download The Data is entirely your own responsibility.
Any claim arising out of or connected with The Data will be limited to the greater of $100 or the amount that you paid to download The Data.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Privacy Rights Clearinghouse and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses and insurance contributions for which you have responsibility), claims, damages, and liabilities, plus penalties and interest, related to or associated with (directly or indirectly) your use of The Data and/or any alleged violation by you of these Terms of Service (or any documents they incorporate by reference), or your violation of any law or the rights of a third-party.
We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.
SECTION 13 - SEVERABILITY; WAIVER
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Our failure to enforce any provisions of these Terms of Service or respond to a violation by any party does not waive our right to subsequently enforce them or respond to any violations.
SECTION 14 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 15 - ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 – RELATIONSHIP
You agree that no joint venture, partnership, employment, fiduciary, or agency relationship exists between you and us as a result of these Terms of Service or your access and use of any of our products (including The Data).
SECTION 17 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States and the State of California.
SECTION 18 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].
Our contact information is posted below:
Privacy Rights Clearinghouse
[email protected]
3033 5th Ave Suite 223
(619) 298-3396