Date of Last Revision: January 16, 2020
100DayChallenge.com participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries, and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework,and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List.
Some of our data is provided by the human resources departments of our clients. In such cases, we apply the following principles which, in the case of any conflict, supersede any principles elsewhere in this policy:
We require that clients supplying human resources data to us regarding employees located in the EU or Switzerland certify the secure nature of their transmission to us. We will not receive or transmit data except over secure systems. We use such data only for the purpose of supplying services to the client or its employees; however, we may use non-personally identifiable information as stated elsewhere in this Policy and we may compile personally identifiable information into non-personally identifiable statistical information. Data access is limited to our employees, agents, consultants and contractors engaged in servicing our client or its employees. At the end of our arrangement with a client, we will retain only such information as is required for our business needs, for statistical purposes and for legal, accounting or regulatory purposes. Data which is no longer needed will be destroyed using adequate destruction techniques to ensure that the data is unrecoverable.
100DayChallenge.com is responsible for the processing of personal data it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. 100DayChallenge.com complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, and Switzerland, including the onward transfer liability provisions.
100DayChallenge.com is committed to cooperating with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland. If you have an unresolved privacy or data use concern related to human resources data that we have not addressed satisfactorily, please contact the EU DPAs and the Swiss FDPIC for more information or to file a complaint.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, 100DayChallenge.com is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Information Collected by 100DC. We collect the following types of information from 100DC users:
Information You Provide to Us. We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. Registration: In order for you to use 100DC services you must create an account by completing a registration form. As part of this registration form, we require select personal information (including your full name, email address and, if applicable, your employer’s Affiliate Code).
User Profile: To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information in your User Profile. This information may include your location, your birth date and your interests. In addition, you may choose to include photos of yourself in your User Profile. Contract Creation: To create a Commitment Contract a user provides a variety of information outlining the details of their goal; this information varies widely depending on the nature of the goal to which the user is committing. If you choose to use Commitment Stakes, as defined in the Terms and Conditions of a Commitment Contract, then 100DC will collect payment information (such as credit card number, expiration date, or bank account numbers for Automated Clearing House (ACH) transfers).
Tell-A-Friend: A user may choose to identify a friend, colleague, or similar third party through our Supporter, Referee or Invite-a-friend functions. If a user does so we will collect that individual’s email address. We will automatically send your friend an email, and if necessary, a reminder email inviting him or her to visit the website. 100DC stores this information for the sole purpose of sending this email and any related reminder emails and tracking the success of our referral program. Your friend may Contact Us to request that we remove this information from our database.
Orders: If you purchase a product or service through 100DC, then 100DC will collect billing information (such as credit card number, expiration date, or bank account numbers) and address information (such as name, email address, and shipping address).
Blogs: If you use a blog on 100DC, then you should be aware that any personal information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums.
Employer-Supplied Information:If you are in a program sponsored by your employer, your employer may provide information about you. If you wish to limit what the employer provides, you should address your concerns with your employer as 100DC cannot control what your employer provides.
Automatic Information. We receive and store certain types of information whenever you interact with us. 100DC and its authorized agents automatically receive and record certain “traffic data” on their server logs from your browser including your IP address, 100DC cookie information, queries and the page you requested and store it in log files. 100DC uses this traffic data to help diagnose problems with its servers, analyze trends and administer the website. 100DC may collect and, on any page, display various aggregate counts of the times that pages have been viewed. This includes User Profile pages. We may combine this automatically collected log information with other information we collect about you. We do this to improve our services and site functionality.
Use of information by 100DC. 100DC uses your information to contact you about your Commitment Contract(s); to bill users who have agreed to post Commitment Stakes or purchase products through the site; to fulfill product orders; to contact you about 100DC-related news, features, products, surveys, promotions, updates and/or special offers; to facilitate social networking (e.g. friend requests and notifications, creating groups of users with similar goals, or referee and supporter requests); to serve ads tailored to your stated interests and goals; and, without using personal information, to analyze and report success trends.
Based upon the personal information that you provide to us, we will send you a welcome email after you have registered with 100DayChallenge.com 100DC may send out emails in response to your inquiries, to manage your account and to facilitate the actions described above in the “Use of information by 100DC” section. You may receive notification emails from 100DC, which inform you of actions performed on the site (e.g. friend requests and notifications).
If you do not want to receive email from us, please visit the Notification Preferences section of your User Profile and/or follow the instructions contained in the unwanted email message. However, please note that in all cases you will continue to receive certain system emails (e.g. those regarding forgotten user passwords and related to success and failure in on-going goals you have created for yourself) and legal notices (e.g. updates to our policies) from us. If you wish to stop receiving these emails you may deactivate or suspend your account.
If you have provided us information to invite a third party to the site or to be your referee or supporter, then we will automatically send that third party email inviting him or her to visit the site. Your friend may contact us here or through the link on the bottom of the email to request that we remove their information from our database.
Sharing Your Information. Because 100DC enables people to discover and share information with one another, information about the people who use 100DC is an integral part of the 100DC experience. Although we may share non-personal information, such as aggregate user statistics, demographic information, and website usage information with third parties, rest assured that we will share your personal information only as described below.
100DC Personnel and Affiliates: 100DC personnel, approved academic researchers, authorized consultants and/or contractors may have access to user information if necessary to serve you in the normal course of 100DC business. This means that user information, including name, address, phone number, credit card details and Commitment Contract details may be used for the following reasons: responding to user requests, ensuring smooth operation of users’ Commitment Contracts, and/or modifying the Commitment Contract product to increase users’ success rates.
Agents/Service Providers: 100DC employs third parties to perform functions on our behalf; examples include hosting or operating the 100DC website, fulfilling orders for products and services purchased through the 100DC websites, sending e-mail and/or other communications, providing wireless services, removing repetitive information from customer lists, data analysis, marketing assistance, credit card payment processing, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on the 100DC’s behalf.
Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if 100DC, or substantially all of its assets, were acquired, user information would be one of the assets that is transferred.
User Profile information: Information collected during registration and subsequent visits, such as your full name and location, may be displayed to other 100DC users in your User Profile. The User Profile is the area on 100DC where we allow you to tell other 100DC users about yourself and your interests.
API: 100DC will allow third parties access to all 100DC data that is already publicly available through the 100DC website. 100DC will keep private any passwords. E-Commerce: 100DC may allow users to choose to share information with third parties, including marketers or electronic commerce providers through on-site offers.
Employers and Affiliate Entities: 100DC may also provide your personal information to your employer or other affiliated company if you have entered an Affiliate Code during registration or are otherwise a user of our corporate portal in a program sponsored by your employer. With Your Consent: Except as noted above, 100DC will not provide users’ personal information to third parties or use it for a purpose incompatible with the purpose(s) for which it was originally collected without their prior permission.
Keeping Information Secure.
The security of your information is of paramount importance to us. Your 100DC account information is protected by a password for your privacy and security. In addition, we follow generally accepted industry standards to protect the personal information of our users, both during transmission and after we receive it. 100DC strives to use reasonable security to protect your personal information, including use of encryption, firewalls, and hashing on select types of information collected by 100DC. When you enter sensitive information (such as credit card numbers or bank account information) during the Commitment Contract creation process or on our order forms, we encrypt your information with reasonable security during transmission. You can enhance your security by protecting against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.
Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.
Ways to Control Display and Use of Your Information.
You can always opt not to disclose information, but then you may be unable to use certain features on our website.
Upon request 100DayChallenge.com will provide you with information about whether we hold any of your personal information. By visiting your User Profile, you can correct, amend, add or delete your personal information that is on our website. When you update information, however, we often maintain a copy of the unrevised information in our records as part of our normal back-up procedures and so that we can comply with any future requests for such information in conjunction with future legal proceedings. You may also control what personal information is displayed in your User Profile by visiting the Privacy Settings section of your User Profile.
To request removal of your personal information from our blog or community forum, contact us at: https://100DayChallenge.com/contact/. In some cases, we may not be able to remove your personal information, if that is the case then we will let you know that we are unable to do so and why.
You may request access to any Personal Information that we have collected that is not available on your User Profile page so that you may correct any inaccuracies or request deletion of that information; we will respond to your request within a reasonable timeframe. You may also request deletion of your 100DC account if you Contact Us. We will respond to requests within a reasonable timeframe.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
13 to 18 Years of Age. We recommend that children age 13 to 18 talk with their parents before posting information about themselves on the Internet.
Under 13 Years of Age. Children under age 13 are prohibited from registering to use the 100DC website. If you are under 13 years old, please do not attempt to register with this site or send any information about yourself to us. 100DC does not knowingly allow users under age 13 to register nor does 100DC knowingly collect information about children under age 13. If we learn that 100DC has collected information from a child under the age of 13, we will delete that information as quickly as reasonably possible. If you believe that 100DC may have information from or about a child under 13 years old, please Contact Us.
100DayChallenge.com 36181 East Lake Road Suite 139 Palm Harbor, FL 34685
www.100DayChallenge.com Customer Service Phone Number: (877) 462-5748
General Data Privacy Regulation (GDPR)
Effective Date: May 2018
How We Collect and Use Information
We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Site). 100DC only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. 100DC collects personally identifying information from our users during online registration and online purchasing. Generally, this information includes name and e-mail address for registration or opt-in purposes and name, postal address, and credit card information when registering for our events or purchasing our products. All of this information is provided to us by you.
We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Site or open HTML-formatted email messages.
Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.
Be aware that we may occasionally release information about our visitors when the release is appropriate to comply with the law or to protect the rights, property or safety of users of the Site or the public.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.
We also use Google Analytics Advertiser Features to optimize our business.
Advertiser features include:
Remarketing with Google Analytics
Google Display Network Impression Reporting
DoubleClick Platform integrations
Google Analytics Demographics and Interest Reporting
By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site. Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order. The “Remarketing” feature allows us to reach people who previously visited our site and match the right audience with the right advertising message.
We abide by Facebook’s Data Use Restrictions.
Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.
We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.
We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifiers that identify any particular user, browser, computer or device.
We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service. General Data Privacy Regulation (GDPR)
The GDPR takes effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens. As a company that markets its site, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.
If you are a resident of the European Economic Area (EEA) or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.”
To make any of these requests, please contact our GDPR contact at [email protected]
Children’s Privacy Statement
This children’s privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen and provides important information regarding their rights under federal law with respect to such information.
This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site’s online activities on providing personally identifiable information.
How do we store your information?
Your information is stored at the list server that delivers our content and messaging. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive our material.
All of the messaging or emails that are sent to you by us include an unsubscribe link in them. You can remove yourself at any time from our mailing list by clicking on the unsubscribe link that can be found in every communication that we send you.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site, and all related names, designs, marks and slogans, are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos, videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to 100DC from their creation. Thus, 100DC shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as 100DC determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to AR all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that 100DC has the right but not the obligation to use and display any postings or contributions of any kind and that 100DC may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and laboratory results, are those of the respective authors or distributors, and not 100DC. Neither 100DC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, 100DC neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized 100DC representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY 100DC AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE BELIEVE THAT THE INFORMATION WE PROVIDE, INCLUDING THAT ON OUR SITES, BROCHURES, FLYERS AND INFORMATION PACKETS, IS ACCURATE, BUT WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. IT IS YOUR RESPONSIBILITY TO VERIFY SUCH MATTERS INDEPENDENTLY FROM PRIMARY SOURCES OF INFORMATION AND BY TAKING SPECIFIC PROFESSIONAL ADVICE.
You agree at all times to defend, indemnify and hold harmless 100DC, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence or business dealings regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third parties. You agree that 100DC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
100DC may host message boards, chats and other public forums on its Site. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. 100DC or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by 100DC staff, outside contributors, or by users not connected with 100DC, some of whom may employ anonymous user names. 100DC expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of 100DC or any of its subsidiaries or affiliates.
100DC has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND 100DC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO FINANCIAL CONTENT ON THE SITE: NEITHER 100DC NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.
100DC IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. 100DC EXISTS FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND INFORMATION CONTAINED HEREIN ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY.
THE EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of 100DC. Such customer information is confidential and may not be disclosed. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted 100DC infringes your copyright, you, or your agent may send to 100DC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon 100DC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to 100DC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. 100DC’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected].
This Agreement shall be binding upon and inure to the benefit of 100DC and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of 100DC. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by 100DC to any affiliated entity or any of its wholly owned subsidiaries.
General Data Privacy Regulation (GDPR)
The GDPR takes effect on May 25, 2018, and is intended to protect the data of European Union citizens. As a company that markets its site, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site or services or products are governed by GDPR, we will abide by the relevant portions of the regulation.
If you are a resident of the European Economic Area (EEA) or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing, of your personal data, from us. This includes the “right to be forgotten.” To make any of these requests, please contact our GDPR contact at [email protected]
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitration’s, class actions, private attorney general actions, and consolidation with other arbitration’s aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.