These Terms and Conditions, Privacy Policy, Acceptable Use Policy, and related policies (collectively, the Terms) explain the terms under which Angela Vendetti Consulting, LLC (AVC) provides its students (you or Our User(s)) with use of, and access to, our sites, classes, products, applications, tools, products, and features (the Services). These Terms constitute the agreement between you and AVC.
By explicitly accepting the Terms, by signing up for an Account, OR by using any aspect of AVC’s Services, you are accepting the Terms in full. If you use the Services on behalf of another, you are deemed to be authorized to accept the Terms on their behalf. These Terms have the same effect as an agreement that you would sign with AVC, and are enforceable to the fullest extent at law and equity.
The Services are intended for users based in the United States of America and its territories. The Services are not intended for users based in, or who are residents of, the European Union or elsewhere.
Read these Terms carefully, since they govern the relationship between AVC and you. It includes important information about subscriptions, billing, warranties, and your use of the Services.
If you have questions about any of these Terms, or believe that any Term has been violated, contact hello@angelavendetti.com.
1. Definitions
· You or Our Users means any visitor to AVC’s website, user of its app(s) or website(s), and user of any Service. You or Our Users also includes anyone contributing to the creation of Content and submitting it to the Services.
· Data means anything that you submit to AVC. Some Data is Personal Information; some is Content; some is not.
· Content means text, images, documents, information, sound files, or other sensory content that you generate, license, or provide to AVC to create your Profile or anything related to your Profile.
· Profile means the Data and Content you provide to AVC in relation to the Services, which AVC and you use to create a description of you, your business, and any other information relating to the Services. A Profile also includes any profile on a social media platform that AVC utilizes for the Services.
· Account means your Profile, plus any billing information that you provide to AVC.
· Services means any and all sites, templates, products, applications, tools, products, and features owned or maintained by AVC.
· Personal Information means any information that AVC or its Host compiles or stores on your behalf, which is about you personally. This might include names, addresses, credit card numbers or other payment information, biometric data, protected classifications such as age, race, or religion, geolocation data, commercial information, employment information, internet or other network activity information, and the like.
· Host means Podia.com, AVC’s web hosting service, or any other third party web hosting service used by AVC.
· Account means any account relating to the Services set up by you or to which you contribute Data or Content.
· AVC, Consultant, or us and we, in context, means Angela Vendetti Consulting, LLC.
· Visitor means a visitor to AVC’s website who does not set up an Account or submit any Data to us.
· A third party is a person or entity that is not you or AVC. Third parties might include payment processors, image licensing companies, SEO or statistical information providers, or others.
· A Claim is a loss, expense, damage, claim, demand, liability, fine, award, and cost, including reasonable attorneys’ fees, whether actual, potential, liquidated or fixed, sounding in law or equity, resulting from or arising from any violation of these Terms or any activity related to your AVC Account (including negligent or wrongful conduct) by you or any other person accessing your AVC Account.
2. What we provide and how
Our Services include both instructional classes (the Classes) and an online support community for restaurant and related businesses in the first one to three years of their operation (the Community). Our Classes and Community are not intended to substitute for legal, accounting, tax, or other advice; they are intended, instead, as educational materials. To use our Services you must have an Account.
A. Our Services
2.1 Classes. Our Classes consist of four modules, intended to help the budding restaurant owner succeed. Classes are held remotely, in real time, and are recorded for later use and reference. If you register for and pay for our Classes, you will receive access to your recorded Classes for six months after the modules were recorded.
By signing up to take Classes, you consent to being recorded, both visually and auditorily. AVC may use the recording for its own advertising, marketing, and analysis. We will not use the recording for any other reasons unless you provide us with written permission to expand that use.
2.2 Community. We recognize that restaurant owners and operators in their first one to three years of business face very specific challenges, and benefit not only from expert advice, but also from a peer group. That’s why AVC created our Community, which is open both to those who have taken our Classes and any other restaurant operator or owner in the first three years of operation. Note that attending Classes does not automatically register you for the Community.
2.2.1 Access to AVC’s Community includes the following:
· Coaching – each month, each Community member is eligible for one 45-minute private consulting session with an AVC professional.
· Peer Group Meetings - at least monthly, AVC will hold a one hour virtual meeting or conference call for all members of the Community to discuss curated topics relevant to restaurants.
· Materials – Community members will have unlimited access to AVC’s downloads, created specifically for the Community.
· Peer Group Access and Messaging – whether through AVC’s website or a private social media group, all Community members will have the ability to create a network of peers.
2.2.2 Six-month commitment. We believe that building community takes time and effort. To that end, when you register for the Community, note that you commit to six months, with an automatic renewal thereafter. See sections 3.2 and 3.7 for more information.
2.3 Specialized Services. We offer the following Specialized Services, on the following terms. Any Specialized Services offered in a package must be used within one year after purchase, and some do not permit early cancellation.
2.3.1 General Business Coaching. General Business Coaching is designed to identify the challenges you are currently facing and develop a plan for overcoming them.
2.3.2 Start-up Consulting. For Start-up Consulting, we meet with you weekly through Zoom to review project status, assign tasks and deadlines, and get your business open as soon as feasibly possible. Our Start-up Consulting requires an initial commitment of six months, with an automatic renewal thereafter. Note that you cannot cancel Start-up Consulting sessions during the first six (6) months.
2.3.3 Profitability Coaching. Starting at our first meeting, we analyze your Profit & Loss statements, identify problem areas, and set goals for improvement. We’ll meet once a week for 45 minutes to review your progress and set your prime cost budget. Together, we will simplify and maximize your profitability. Profitability Coaching requires at least a three-month commitment; you cannot cancel this service within the first three months.
2.3.4 Management Coaching. Management Coaching is designed to improve your quality of life by teaching you to delegate effectively. We’ll hold your managers accountable and empower them with financial incentives and decision-making capability. Once the foundation is set, AVC helps to moderate a weekly one-hour meeting with your management team. Management Coaching requires at least a three-month commitment; you cannot cancel this service within the first three months.
2.3.5 Feasibility & Financing. You have a great idea and the drive to make it a reality. But will it work? We will help you determine feasibility from a concept and location standpoint. A combination of market research and financial proformas will either give you the confidence to see it through, or help you determine it’s not worth the risk. This feasibility study provides the perfect groundwork for the next step: financing. We’ll transition this work into a full business plan and financial proforma, including start-up costs, sales forecast assumptions, cash flow analysis, and a balance sheet. We can get started on your plan before you have an exact location, and fine tune it once you negotiate a lease or purchase the real estate. We’ll also explore financing options.
B. Your Account
2.4 Creating an Account. To register for our Services, you must complete accurate and complete information. You must also update the information if it changes. If we need to contact you for any reason, we will need several different means of contacting you (such as an email address, telephone number, and physical address). When you sign up, you may be contacted by a AVC representative to clarify, or provide additional Data or Content, regarding your Profile. Your Account will be active for one (1) year after the last date you access the Account.
2.5 Maintaining your Account information and password. Your Account enables you to access AVC’s Services. You must keep your Account information, contact information, and password safe and secure. AVC may, from time to time, update these Terms, provide notices, or contact you regarding your Account, so your contact information must be accurate and up to date. We are not responsible for inaccuracies in your information, and we are under no obligation to confirm your contact information.
2.6 Security of your Account. You are solely responsible for the activity you undertake relating to the Content of your Account, whether you authorized that activity or not, unless AVC is directly responsible for that activity. If you become aware of any unauthorized activity in your Account, or any unauthorized access, you must notify AVC immediately. Since your Account links to your Profile, it is essential that you safeguard your Account from misuse, misrepresentations from third parties, and the like.
2.7 Back up your Account and Content. You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, AVC will not be liable for any failure to store, or for loss or corruption of, your Content.
2.8 Suspected breaches of your Account. If you believe or suspect that your Account has been compromised or that information there has been breached, or that your payment method, password, or Personal Information has been misappropriated or stolen, you must immediately notify us at hello@angelavendetti.com so that we can investigate immediately.
2.9 Updates. AVC regularly updates its Services. Some updates may cause temporary difficulties with your Profile. We will provide advance notice to you of updates that might cause your Profile, especially any logos or design features, to look or function differently. You will have seven (7) days to preview any changes to your Profile and approve those changes. If you do not respond within the time frame, we will upgrade your Profile at our discretion to accommodate the update. AVC will not provide advance notice of updates that would not, under most circumstances, cause your Profile to look or function differently. If your Profile is affected negatively by an upgrade, contact us at hello@angelavendetti.com and we will assist.
C. Who is not eligible for an Account.
2.10 Age requirement. The Services are in no way intended for persons under the age of 18 years, i.e., a Child. AVC does not knowingly collect Data from any Child, or allow a Child to register for an Account. If we learn that we have collected Data from a Child, or that a Child has opened an Account, we may delete Data without advance notice and terminate the Account. By signing up for an Account, you represent to us that you are of age to use the Services.
2.11 US users only. The Services are only intended to be used by persons and businesses inside of, and who are residents of, the United States and its territories.
2.12 Persons prohibited. The Services shall not be downloaded or exported to any country to which the United States has embargoed goods; or to any person on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders (the List). By using this site, you acknowledge that you are neither located in, nor under the control of, such a country or person, or are on any such list. Further, by using the Services, you agree to ensure that you do not provide access to the Services to any persons or entities on the List.
3. Payment.
3.1 Payments for Classes. When you register for Classes, you will be charged a one-time fee (not including applicable taxes), unless otherwise agreed in writing at the time of registration. The fee includes access to the class and downloads. This fee is subject to change at AVC’s discretion, but no changes will apply retroactively. Contact hello@angelavendetti.com for more information.
3.2 Payments for the Community. When you register for the Community, note that you commit to six months, with an automatic renewal thereafter. The fee per month is $650.00 (not including applicable taxes) and will be charged when you register for an Account for the Community, and each month thereafter. Your Account will automatically renew on a month-to-month basis, unless you cancel under section 3.8.
3.3 Payments for Specialized Services. If you participate in our Start-up Coaching, Profitability Coaching, or Management Coaching, your Account will automatically be charged for the full amount up front, or the monthly fee, whichever you choose. We will track our Specialized Services and invoice you for any amount due beyond the standard fee (see below).
3.3.1 General Business Coaching. General Business Coaching sessions are priced at $150.00 per hour, or a package of ten for $1,400.00.
3.3.2 Start-up Consulting. The fee for Start-up Consulting is $2,500.00 per month and covers weekly meetings to complete the start-up checklist. Note that you cannot cancel Start-up Consulting sessions during the first six (6) months.
3.3.3 Profitability Coaching. Profitability Coaching sessions are priced at $650.00 per month for existing clients and $1200.00 per month for new clients, and covers weekly one-hour meetings and review of monthly financial statements and regular email communication. Note that you cannot cancel Profitability Coaching sessions during the first three (3) months.
3.3.4 Management Coaching. We charge $1,300.00 per month for Management Coaching, which covers a 1-hour weekly meeting for 12 weeks. Note that you cannot cancel Management Coaching sessions during the first three (3) months.
3.3.5 Feasibility & Financing. For information regarding Feasibility & Financing Services, please contact us at hello@angelavendetti.com.
3.3.6 10-Hours of Consulting. If you choose, you can purchase consulting time in blocks of 10 hours at a discounted rate of $1400. An accounting of time spent will be emailed monthly.
3.3.7 Travel. We bill a minimum of two hours when the Consultant is expected to be on site; travel time is billed at the same rate as Services.
3.4 Payment method. You agree to pay AVC the full amount of fees for each Service you use or purchase (including any upgrades) in accordance with the pricing and payment terms presented to you for that Service. If you provide us with payment information, then you agree that we will continue to use that method of payment unless and until either (a) you cancel the Services; (b) you supply us with alternate payment information; or (c) the account is no longer active or accepted by our third party payment processor. You also represent and warrant that you are an authorized user of that payment account, that all information you provide to us is accurate and current, and that you will promptly notify us of any changes to that payment method. All fees are non-refundable except as provided in the Terms or when required by law.
3.5 Taxes. You are also responsible for taxes or duties associated with your purchase of the Services, including any related penalties or interest (the Taxes). We will make every effort to charge the appropriate tax rate given your location and the location of AVC, and Taxes will be added onto your fees. Taxes are also non-refundable, except where provided in the Terms or required by law.
3.6 Chargebacks. If you contact your bank or credit card company to decline, charge back, or reverse the charge of any fees to us, or ‘charge back’ those fees to us, we may automatically terminate your Account. If you have a question about a payment made to AVC, email us at hello@angelavendetti.com to avoid an interruption in Services. We reserve our right to dispute any chargeback you initiate.
3.7 Third party payment processor. We use a third party payment processor to bill you through your Account. The processing of these payments are subject to the terms, conditions, and privacy policies of the payment processor, in addition to these Terms. Our current processors are Stripe and PayPal and their policies and procedures are available at https://stripe.com/ssa. By using the Services, you agree that this processor’s terms and conditions are acceptable, and that you agree to pay that processor all charges at the prices then in effect. You also agree to make payment using the payment method you provide by initiating your Account. AVC reserves the right to correct, or instruct our processor to correct, any errors or mistakes – even if payment has already been requested or received.
3.8 Cancellation.
3.8.1 Cancelling Classes. Since Classes consist of a one-time fee, it is not our policy to cancel your Classes or offer refunds for same. For more information, contact us at hello@angelavendetti.com.
3.8.2 Cancelling access to the Community. To cancel your access to the Community, provide at least thirty (30) days’ written notice to hello@angelavendetti.com. Cancellations must be in line with your billing cycle, in advance of the automatic renewal date of your Account. For example, if your Annual Unlimited Account starts on February 15, 2022, and you wish to cancel your Account on or before March 15, 2023, you must provide notice on or before February 14, 2023.
3.9 Periodic fee increases. AVC may increase the fees for your Account on an annual basis, but will provide prior notice of the increases and a time frame by which you will need to cancel in order for the increase not to apply to you.
3.10 Refunds. It is not our policy to issue refunds. We may choose to provide a refund at our sole discretion or if we are required to do so by law.
3.11 Failure to pay. If you fail to pay any balance due and owing for your Account, your Profile may be suspended or cancelled. Be sure to update your payment information regularly.
4. Intellectual Property.
A. Your Content, Rights, and Responsibilities.
4.1 Your Content. You own your Personal Information, your Data, and the Content you generate that is maintained by AVC, whether on its own website or on a social media profile specific to AVC’s Users. This information is private by default, unless you yourself make them available to the public.
4.2 We never sell your Content, your Data, or your Personal Information to third parties. If we decide otherwise, we will provide advance notice to you and provide you with the option to cancel or delete your Account before the time when we would share that information.
4.3 You must ensure that your Content is yours. If you use your Profile to post Content, it is your responsibility to ensure that you are legally permitted to use or publish your Content. You must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. For example, if you post an image, that image must be owned by you or licensed to you. AVC is not responsible for any actions you take with respect to your Content, including sharing it publicly.
4.4 Share Content responsibly. Content that you post or publish may be accessible to third parties. It is your responsibility to share Content responsibly, since AVC is not responsible for the Content that you generate or post through our Services.
4.5 Your Profile is your responsibility. Your Profile may have its own visitors. By using the Services, you understand and agree that your Profile is your responsibility. Your Profile will generate responsibilities. You are responsible for compliance with any state, local, or Federal laws relating to your Profile. AVC is not responsible for providing you with legal advice relating to your Profile. This provision does not limit or affect any liability that we may have to you separately for any breach of other provisions of these Terms.
B. AVC’s Content, Rights, and Responsibilities
4.6 AVC’s Content. AVC owns its Content and everything that it uses to create its Services, including but not limited to its models, forms, back-end coding, recordings, and intellectual property under any and all trademark, copyright, trade secret, or other laws, whether in the United States or other countries. Included in this intellectual property is feedback that you may provide, such as reviews, as well as recordings of you. You cannot use AVC’s Content or other intellectual property of any type, except as stated in these Terms.
4.7 Ways in which AVC may use your Content. AVC may choose to feature your Profile, your Content, and/or your feedback, whether in its original form or in an edited, summarized, or other form. Our use may include the use of your trademarks, service marks, or other intellectual property. We may edit, translate, reproduce, host, modify, publish, publicly display, publicly perform, publicly distribute, or create derivative works from the Content, provided that it is made clear that a user of our Services has generated the original Content. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide AVC with feedback about the Services, we may use your feedback without any obligation to you, including any payment obligation.
4.8 AVC’s license to use your Content. By using the Services, you grant AVC a limited, worldwide, non-exclusive, fully-paid, perpetual, irrevocable, sublicensable, and transferrable license to use your Content, your feedback, your image and recorded words, or any other item that you provide to us for our advertising or marketing purposes. We may also choose to use your Profile to create a template or model for our Services. This license permits AVC to share select Content publicly for our own advertising and promotions purposes, as well as to improve and provide Services. It does not affect any rights you may have under applicable data protection laws. The original Content remains yours in all respects except for the license outlined above, and you waive any Claims against AVC relating to moral rights, artists’ rights, or any other similar rights in your Content or other intellectual property. Nothing in this section affects any rights you may have under applicable data protection laws.
4.9 AVC may monitor your Content. AVC may also monitor your Content to ensure it complies with our Acceptable Use Policy. Content which violates that Policy will not be tolerated. If you use the Services in violation of this Policy, we may (among other remedies) cancel, terminate, delete, or suspend your use of our Services, your Account, or your Profile (but not suspend payment) unless and until all information outside of compliance with this Policy is no longer stored in your Account. Remember, since your Profile may include your social media profile, AVC may suspend your Account based upon your Content that you post within that profile.
4.10 AVC’s Content is its property. All content appearing on or in the Services which is not Content, Data, or Information is owned or controlled by AVC and is protected by applicable intellectual property laws. You should presume that everything you see and read relating to the Services is copyrighted and/or trademarked, unless otherwise noted. If an item owned by AVC can be used on your Profile or otherwise by you, we will explicitly tell you – otherwise, presume that it cannot be used.
4.11 AVC’s Services are its property. In addition, AVC’s Services are its sole and wholly-owned property. By creating an Account and paying all fees associated with the Account, you have a right to use the Services on a non-exclusive, non-transferrable basis. You are not permitted to sub-license, copy, transfer, or otherwise disseminate the Services; to create anything using the content of the Services; or to otherwise use the Services in a manner inconsistent with these Terms.
4.12 Do not abuse AVC’s Services. Abuse of the Services, posting items that violate the Acceptable Use Policy or the Privacy Policy, or failing to monitor your Profile and permitting such items to be posted; or which overload AVC’s Services unreasonably to the detriment of other users (as AVC determines in its sole discretion); may result in your temporary or permanent suspension from the Services, with or without prior notice. AVC will adjudge whether your use constitutes abuse of the Services. Under no circumstances can you use the Services in any way that is unlawful or which harms AVC, its service providers, its other users, or any third party. You agree to assist AVC, at its request, by providing any and all information about your use of the Services.
4.13 Beta testing. AVC may release Services that we are still evaluating. Those Services will be marked as beta, preview, early access, or similar. Services in beta testing phase may be less reliable than our typical Services. We reserve the right to discontinue beta tested Services at any time.
C. Third Party content
4.14 Third party content generally. Third parties may have their own terms and conditions or other policies, and your use of them will be governed by those terms and conditions or policies. Third party sites may also be subject to other security measures – or may pose security risks. This might impact your Profile, particularly since your Profile includes third-party social media providers that we may use in connection with the Services. You bear the sole responsibility of meeting all terms and conditions or policies between yourself and third parties. You also bear the risk of dealing with those third parties.
4.15 Third party content. AVC may publish links in its Services to websites owned by unrelated parties, such as advertisers on our website. AVC does not represent that it has reviewed these third parties’ content, or the links, for accuracy, completeness, relevance, safety, security, or otherwise. Any links appearing on those third party sites, or any trademarks or service marks used in connection with such links, are and remain the sole property of the third parties who own them. Moreover, the content of those third party sites, and any effect they may have on you, your Profile, or your property, are solely the responsibility of such third parties, and not AVC. You post third party content, and visit links to third party content, at your own risk.
4.16 Third party updates. If third party content (such as apps or tools) is eligible for an upgrade, we may decide to upgrade. This may cause temporary difficulties with your Profile. We will provide advance notice to you of major upgrades that might cause your Profile to look or function differently. You will have seven (7) days to preview any changes to your Profile and approve those changes. If you do not respond to us within the time frame, we will upgrade your Profile to accommodate the update. However, AVC is in no way responsible for any content, apps, rollouts, plugins, or other hardware or software developed, sold, licensed, or implemented by a third party. We are also not responsible to you for any temporary suspension of your Profile or any disabling or removal of your Profile due to third party updates, and cannot be held liable for Claims such as loss of profits, revenue, data, goodwill, or other losses which you may experience as a result of third party updates (except where otherwise provided by applicable law).
4.17 Payment for third party services. Third party services (such as licensed images, services, or apps) which are purchased via your use of the Services may be subject to different refund policies that those third parties determine, and those may not be refundable. The purchase terms and conditions for those third party services may be displayed during the purchase process, such as through a link to their terms and conditions. It is your own responsibility to verify the supplier of those services, your ability to purchase, what you may receive for your purchase, any refund or cancellation terms, and other terms that the third party may impose. We do not offer refunds for purchases of services you make from third parties, even if they are within the context of our Services.
D. Copyright Infringement.
4.18 Our philosophy. AVC respects intellectual property rights and expects its users to do the same. We respond expeditiously to Claims of copyright infringement which may be committed using our Services. We adhere to any and all applicable copyright or intellectual property law and we will, under appropriate circumstances and in our sole discretion, terminate Accounts of users who repeatedly infringe upon copyright or appear to be infringing. We may also remove content that allegedly infringes, or may restrict access to it. Therefore, please note that any information which is provided in a notice (or counter-notice) may be sent to the purportedly infringing User or any other person or entity if reasonably necessary to investigate an infringement Claim.
4.19 Notices of infringement. If you think that a Profile is infringing, you must provide us with a written notice that includes all of the following:
· “Infringement” in the subject line.
· Documentation of your original work, and either a link to the Profile you believe infringes or other information reasonably sufficient to permit us to locate the material on a Profile.
· Your full name, address, telephone number, and email address.
· A statement that you will agree to the jurisdiction of courts in and pertaining to Philadelphia County, Pennsylvania.
· A signature, whether electronic or physical, on behalf of the person or entity owning the copyright.
Refer to 17 U.S.C. § 512(c) for what else, if anything, must be included in the content of your notice, and be aware a notice that fails to include all relevant information required by statute will be deemed ineffective. Deliver the notice to AVC’s main office, addressed to Angela Vendetti Consulting, LLC, c/o Pennsylvania Registered Agent, 1150 First Avenue, Suite 511, King of Prussia, PA 19406. Unless you confirm the delivery (such as by a commercial carrier or a return receipt), you cannot presume that AVC has received your notice.
If you send a notice described in this section knowing that statement(s) in the notice are not accurate or true, note that under applicable law, including 17 U.S.C. § 512(f), you may be liable for damages, including costs and attorneys’ fees incurred by AVC and others.
4.20 Counter-notices relating to notices of infringement. If you believe in good faith that a notice of copyright has been wrongfully filed against you, you may send us a counter-notice. The counter-notice must contain:
· “Infringement – Counter-Notice” in the subject line.
· Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the copyright notice will suffice).
· Your full name, address, telephone number, and email address.
· A statement that you will agree to the jurisdiction of courts in and pertaining to Kent County, Delaware.
· A signature, whether electronic or physical, on behalf of the person or entity owning the copyright.
Deliver the counter-notice to Angela Vendetti Consulting, LLC, c/o Pennsylvania Registered Agent, 1150 First Avenue, Suite 511, King of Prussia, PA 19406. Unless you confirm the delivery (such as by a commercial carrier or a read receipt), you cannot presume that AVC has received your counter-notice. We will then send the counter-notice to the party who notified us of the potential infringement, and that party will have thirty (30) days to notify us that they have filed legal action relating to the allegedly infringing material. If we do not receive that notice within thirty (30) days, we may restore the material to the Services.
This policy may be modified from time to time. We will post the most current version in our site. If there is a modification that meaningfully affects your rights, we will notify you in accordance with our notice policies in the Terms.
5. AVC’s rights to promote security and integrity.
5.1 Reservation of rights. Except where prohibited, AVC can (a) change the Services, in whole or in part; (b) terminate, restrict, suspend or discontinue any part of or all of the Services; (c) terminate, suspend, restrict, or discontinue access to your Profile or any part of your Profile; (d) change our eligibility criteria to use your Profile and our Services. This may result in you losing control of or access to your Profile.
5.2 Disputes about ownership or Content. Our policy is not to become involved in a dispute about who owns your Profile or the Content in your Profile, who is authorized to access your Profile, and who is authorized to create or provide Content for your Profile. However, we reserve the right to make a determination as to the ownership of, unauthorized access to, or wrongful use of your Profile, and to request documentation as we may feel is needed to make that determination. A determination may include transferring your Profile to a different owner under the circumstances. Our decision is final.
5.3 Encryption. AVC may offer HTTPS encryption for a Profile that you maintain on our Site. By using the Services, you agree that we may create and maintain a certificate for the limited purpose of providing HTTPS encryption for your Profile.
5.4 Protect and improve Services. By using the Services, you acknowledge and agree that we may analyze your usage Data, your Profile, or your Personal Information relating to the Services and your Profile. We may do so in order to protect you, your Profile, and third parties. This information will be for our own use, and not to sell to any third parties. The information we use will typically be aggregated and your name, address, or other identifying information will not be attached to it. Refer to our Privacy Policy for more information.
6. Suspending or terminating Services or your Account.
6.1 If you wish to suspend or terminate the Services. You can suspend or terminate the Services in compliance with section 3.8 of these Terms.
6.2 If we suspend or terminate the Services. AVC may terminate your Services at the end of a billing cycle by providing at least thirty (30) days’ advance written notice to you. We may terminate your Services for any reason stated in these Terms. AVC may also suspend or terminate your Account if (a) you have materially breached these Terms or the terms and conditions required by any third party service provider, and you have failed to cure that breach within thirty (30) days after AVC or the third party has so notified you in writing; or (b) you fail to pay fees for thirty (30) days past the due date. Additionally, AVC may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts third parties’ use of the Services; or (iii) if we are investigating suspected misconduct by you or suspected violation of the Terms. If you repeatedly or egregiously breach these Terms, AVC may take additional measures to further prevent the use of any Services by you, including blocking your IP address.
6.3 Advance notice. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where AVC may decide that we need to take immediate action without notice. In those situations, we will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this section as is needed to resolve the issue that prompted such action.
6.4 Deletion of Account. Any Content, Data, and/or Personal Information which relates to your Account will typically be deleted immediately upon the termination of Services under this section. AVC has no obligation to retain your Content upon termination of the applicable Service. If AVC does not delete the Content, Data, and/or Information, you can request that your Account be deleted by emailing us at hello@angelavendetti.com. If you request that the Account be deleted, you understand that deletion means that all Personal Information, Content, and Data will likewise be deleted. We may verify the request prior to deletion. However, AVC is not required to delete the Account or information therein, if any of the following apply:
· You have a pending transaction for which AVC needs to be paid;
· We need your Account to be open in order to detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; and comply with legal process to prosecute against such activity;
· We need your Account to be open in order to identify and repair errors that impair existing intended functionality;
· There is a dispute regarding the exercise of free speech, whether as to your free speech or the free speech of a third party; or a dispute regarding the exercise of other rights at law;
· We need your Account to be open in order to comply with any State or Federal law;
· AVC becomes involved in a public or peer-reviewed scientific, historical, or statistical research matter in the public interest that adheres to all other applicable ethics and privacy laws, when the business’s deletion of the information is likely to render impossible or to seriously impair the achievement of such research, so long as you have provided informed consent;
· We need your Account to be open for solely internal uses that are reasonably aligned with your expectations based upon your relationship with AVC;
· We need your Account to be open to meet a legal obligation; and/or
· We must otherwise use your Content, Data, and Personal Information internally in a lawful manner which is compatible with the context in which you provided us with your Content, Data, and Personal Information.
6.5 Billing for suspended or terminated Services. As stated in section 3.8, if your Account is terminated partway through a billing cycle, your last payment will be at the end of the billing cycle before you notify us of the termination of your Account. You will not receive a refund for any period of time that you did not use in the billing cycle, unless you are terminating because either (a) we have materially breached these Terms and failed to cure that breach within thirty (30) days after you have so notified us in writing; or (b) a refund is required by law.
7. Updates and changes to these Terms.
7.1 Changes to the Terms. AVC may change these Terms at any time and for many different reasons – whether to reflect changes in law, changes in Services, account for changes in functionality, or other reasons. The most recent version of these Terms will always be posted on our website in their entirety. If AVC believes, in its sole discretion, that a change to the Terms will affect you in a material way, then we will notify you via email. Changes will be effective on the day that they are posted to the Services, and will apply going forward.
Some changes may require your consent to become effective; some may require advance notice; some may simply require posting on our website. If you do not want to agree to any changes to the Services, therefore, the best way to make that clear is to discontinue using the Service in question. If you choose to continue using the applicable Service, you consent to the new Terms of that Service simply by continuing to use it.
7.2 Changing Services. AVC may add, alter, or remove functionality from a Service at any time, and may also discontinue, limit, combine, redesign, or suspend a Service at any time. If we discontinue a Service, we will do our best to provide you with reasonable advance notice to permit you to export Content, Data, or Information from the Services. However, we cannot extend a timetable to discontinue of a Service to permit you to do these exports.
8. Disclaimers; limiting liability.
8.1 Disclaimer. AVC makes no representation of any type regarding the materials, information, Services, and products in this site, including, without limitation, text, graphics, links, and content. The Services are no substitute for legal, accounting, tax, or other expert advice. All Services are provided on an educational basis only. All are provided “AS IS” and without warranties of any kind, whether express or implied. To the fullest extent of all applicable law, AVC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus or file corruption, and warranties arising from course of dealing or course of performance. AVC does not represent or warrant that the functions contained in the Services will be uninterrupted and/or error-free, that defects will be corrected, or that hardware or software used in providing the Services are free from viruses or other harmful components. AVC does not make any warranties or representations regarding the use of the Services in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
8.2 Limitation on liability. You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will AVC, its affiliates, and its and their directors, officers, employees and agents be liable with respect to any Claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, your Profile, or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation your Content; (e) any Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any third party services or third party sites accessed via the Services.
8.3 No damages. AVC shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, even if AVC has been advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. Lost profits damages shall not apply under any circumstances. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. If any damages are adjudged to be due and payable, they shall be limited to only the amount of fees paid by you or on your behalf to AVC, not including taxes.
8.3 Indemnification. By accessing and/or using the site, or using any Services, you agree to indemnify, hold harmless, and defend AVC, its officers, owners, directors, employees, contractors, agents, licensors, and suppliers from and against all Claims. This indemnification includes any Claims relating to you; your employees, contractors, agents, owners, directors, or others to which you have a business or personal relationship; third parties; governmental entities or taxing authorities; Visitors to your Profile or a website maintained by you or on your behalf; or any other person or party or operation for which AVC could potentially be held jointly or severally liable. This indemnification does not apply to the extent that any Claim arises directly from AVC’s breach of these Terms, to the extent that the consequences were not reasonably foreseeable.
8.5 Recording release. You acknowledge and agree that we may record you, both visually and auditorily, and that you hereby release us from any and all liability arising from said recording. You further acknowledge that we may use any and all recordings of you as provided in these Terms.
9. Dispute resolution.
9.1 Principles of dispute resolution. Disputes relating to your Profile, your Account, or the Services must be resolved through alternative dispute resolution, including binding arbitration as stated in these Terms. The procedures of arbitration are different and usually more limited than the procedures of a typical lawsuit, and there may be rights available to either AVC or you in a lawsuit that would be unavailable in an arbitration.
9.2 Who will not be required to adhere to dispute resolution procedures. Note that the dispute resolution procedures detailed here will be used to resolve disputes arising from your Account, the Services, or these Terms, except as provided in the copyright section above.
A. Arbitration.
9.3 Dispute resolution procedure. If you have a Claim relating to AVC, you must follow these steps:
9.3.1 Follow the notice procedure in section 10.12 to attempt to resolve the Claim. Provide a full description of your Claim and your current contact information. We will try to resolve the dispute informally by reaching out to you via email, phone, or otherwise. If we cannot resolve the dispute within thirty (30) days after your email, you or AVC may bring a formal Claim.
9.3.2 Unless you opt out during the Opt-Out Period, you and AVC agree to resolve any and all Claims, disputes, and matters arising out of your Profile, the Services, or your Account (including but not limited to the existence, formation, operation, or termination of same) through final and binding arbitration. You and AVC expressly waive the right to any formal court proceedings, such as trial by jury, except as stated in these Terms.
9.4 Time for filing for arbitration. Any arbitration must be commenced by filing a demand for arbitration within one hundred eighty (180) days of the date that the party who asserts a Claim first knows or reasonably should know of the act, omission, or default giving rise to the Claim. If the Claim has a shorter statute of limitations under applicable law, the shorter statute of limitations shall apply instead.
9.5 Arbitration procedures. AVC works with JAMS, Inc. (JAMS), which will administer the arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures (“JAMS Rules”) in effect at the time of the dispute. You and AVC agree that this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of these provisions (despite section 10.2 below). Any arbitration hearings will take place at a location to be agreed upon in Philadelphia County, Pennsylvania, in English, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. The arbitrator must follow these Terms as an agreement between the parties and can award the same damages and relief as a court (including without limitation reasonable attorneys' fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
9.6 Arbitration fees. JAMS Rules will govern the payment of all arbitration fees. We will not seek our attorneys’ fees or costs in arbitration unless the arbitrator determines that your claim is frivolous.
B. Exceptions to arbitration.
9.7 Opting out of arbitration. You can decline to arbitrate under these Terms by following the notice provisions of section 10.12 within thirty (30) days after your Profile is deployed. Your email must be set from the email address used on your Account and must include your name, your relationship to the Account holder, your corporate or residence address, and a clear statement that you want to opt out of arbitration. If you opt out of arbitration, then you do still need to adhere to sections 9.9, 9.10, and 10. However, the other arbitration policies will not apply to you. If you have questions, email us at hello@angelavendetti.com.
9.8 Exceptions to arbitration. Either you or AVC may bring a lawsuit for injunctive or equitable relief only, to stop unauthorized use or abuse of the Services, or for issues relating to infringement or suspected infringement of intellectual property rights. If you do bring claims, you must do so in courts of competent jurisdiction in and pertaining to Philadelphia County, Pennsylvania.
9.9 Time for filing. Any claim which is not subject to arbitration must be commenced within one hundred eighty (180) days after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one hundred eighty (180) day limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
9.10 No class actions. By using the Services or opening an Account, you agree that you may only resolve disputes with us on an individual basis. You agree not to bring a Claim as a plaintiff or class member in a class action, consolidated action, or representative action. Class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations will not be permitted.
10. Miscellaneous.
10.1 Entire agreement. These Terms, along with the Privacy Policy, Acceptable Use Policy, and any changes to the Terms, are the entire agreement between you and AVC respecting the Services, your Profile, and your Account. The Terms supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in the Terms. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including services, apps, or other items supplied by third parties. These Terms create no third party beneficiary rights.
10.2 Intended users. The Services are intended for adult users who are residents of the United States of America and its territories. By using the Services, creating an Account, or obtaining your Profile, you agree and acknowledge that you are not based in the European Union or otherwise outside of the United States or its territories, and are not a Child.
10.3 Controlling law and judicial forum. These Terms (including the existence, formation, operation and termination of any Term) and the Services as well as all disputes and matters arising out of or in connection with the Terms and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. If section 9 is found not to apply to you or your claim, or if you opt out of arbitration pursuant to section 9.7, you and AVC agree that any judicial proceeding (other than small claims actions) arising out of or in connection with any of these Terms (including their existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of Montgomery County, Pennsylvania and you and AVC consent to venue and personal jurisdiction in such courts.
10.4 No waiver. A party’s failure to enforce, or delay in enforcing, a Term is not a waiver of its right to enforce that Term, or any Term, later.
10.5 Severability. If any Term is found unenforceable, the remaining Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
10.6 Assignment. You may not delegate, transfer or assign your Account, your Profile, or the Services, or any of your rights or obligations hereunder, without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign the Services, your Profile, your Account, or these Terms, or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, at any time.
10.7 Modification. We may modify the Terms from time to time, and will always post the most current version to our site. If a modification meaningfully affects your rights, we will notify you (for example, by email or on our site). The notice will designate a reasonable period for you to review the modifications, after which they will take effect. Modifications to Terms will not apply retroactively. By continuing to use the Services or your Account after Terms are modified, you are deemed to accept the modified Terms and to be bound by them. If you disagree with a new Term, you must stop using your Account and the Services.
10.8 Events beyond our control. If there are events beyond our reasonable control, such as riot, flood, solar flare, fire, civil commotion, terrorism, insurrection, failure of any computer interconnection or necessary technological system, failure of any internet service provider, failure or delay in transmission of communications, pandemic, or other natural or man-made disasters, that prevents our partial or full failure to provide Services or your Account, we are not in breach of these Terms.
10.9 Translation. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
10.10 No relationship. These Terms do not create a partnership, employer-employee relationship, agency relationship, or other type of relationship at law.
10.11 No third party beneficiaries. Notwithstanding anything in these Terms, these Terms do not create a third party beneficiary relationship between you, AVC, and any other person or entity.
10.12 Notices. If we need to give you notice of anything in these Terms, our Acceptable Use Policy, or our Privacy Policy, we will send an email to the last known email address we have on file for you. A notice is deemed received when emailed. Except for a cancellation under section 3.8, if you need to give us notice, you must mail us, via certified U.S. mail, postage prepaid, return receipt requested, to Angela Vendetti Consulting, LLC, c/o Pennsylvania Registered Agent, 1150 First Avenue, Suite 511, King of Prussia, PA 19406. Notice will be deemed received on the date stated on the return receipt.
10.13 Survival. The following Terms survive for two (2) years after your Account is terminated: the Acceptable Use Policy, and sections 4, 5, and 9 of these Terms.
11. CONFIDENTIALITY. In the course of performing Consulting Services, the parties recognize that Consultant may come in contact with or become familiar with information which the Client or its subsidiaries or affiliates may consider confidential. This information may include, but is not
limited to, information pertaining to the Client systems, which information may be of value to a
competitor. Consultant agrees to keep all such information confidential and not to discuss or
divulge it to anyone other than appropriate Client personnel or their designees.
ACCEPTABLE USE POLICY
This Acceptable Use Policy (the Policy) reflects the conditions under which Angela Vendetti Consulting, LLC (AVC) will continue to provide you with the use of the Services. If you use the Services in violation of this Policy, we may (among other remedies) cancel, terminate, delete, or suspend your Account or your Profile (but not suspend payment) unless and until all information outside of compliance with this Policy is no longer stored in Your Account. We also take steps to prevent uses of our Services that are contrary to the spirit of the Policy.
Where any term in this Policy is capitalized but not defined, it is defined in the Terms and Conditions.
1. Legal compliance. AVC provides its Services to you only in compliance with applicable law. The use of our Services in conjunction with other tools and/or in furtherance of any unacceptable uses is prohibited. If we conclude, in our discretion, that you have misused the Services, we may take action against your Account or your Profile. We try to ensure fair outcomes, but in all cases we reserve the right to remove any Content or suspend or terminate your Account or your Profile, without any refund of any amounts paid for the Services, without liability or notice to you, at any time and for any reason (except where prohibited by applicable law). We reserve the right to enforce, or not enforce, this Policy in our sole discretion.
2. Your responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. If activity takes place on your Account or in your Profile, it is presumed that the activity is by or authorized by you, unless you make us aware that your Account has been misappropriated.
3. Prohibited uses. It is absolutely prohibited to use the Services, your Profile, or your Account to do any or all of the following:
3.1. Unlawful Activity. You may not:
· Conduct or commit an unlawful activity;
· Urge third parties to conduct or commit an unlawful activity;
· Use the Services in any way that could lead to physical harm, destruction of or harm to property, mental harm, mental distress, or personal injury;
· Fail to comply with any industry-specific regulation to which you may be beholden, or cause AVC to fail to comply with any industry-specific regulation to which it may be beholden;
· Use the Services to violate the law;
· Mislead, defraud, or deceive any person or entity; or
· Use misappropriated financial information obtained through your use of the Services.
3.2. Interfere with our business or the business of others. You may not:
· Interfere with our normal operations or attempt to do so;
· Probe, scan, or test the vulnerability or security of the Services, AVC, or any network;
· Use any system or software to extract, crawl, spider, or scrape data from the Services or any interface that we use;
· Deny others access to the Services, or interfere with others’ access to the Services;
· Use the Services in any way, including indirectly through the use of our software and hardware, or links to same, to transmit any virus, malware, malicious software, or other data-mining or data-grabbing software;
· Take apart, decompile, or reverse engineer any part of the Services in an effort to access things such as source code or algorithms;
· Access, tamper with, or use non-public areas of the Services, or shared areas of the Services that you have not been invited to access;
· Take action that AVC, in its sole discretion, believes to impose an unreasonable load on our infrastructure or third party service providers;
· Intend or attempt to deceive or mislead any person using the Services or who might wish to use the Services, such as by creating or disseminating links to websites that mimic a site owned by AVC; or
· Use your Profile, your Account, or the Services to create spam, to phish others, or otherwise to interfere with the business, rights, or Personal Information of third parties.
3.3. Interfere in the security of an Account. You may not:
· Bypass any security or authentication measures for the Services, your Profile, or any Account;
· Circumvent any limitations that AVC may impose on Your Account for a violation of this Policy, such as opening a new Account;
· Use the Account of a third party without their authorization; or
· Provide your Account password to another person, or use the password and Account of any other person or Account holder.
3.4. Interfere in property rights. You may not:
· Infringe upon the intellectual property rights of AVC;
· Infringe upon the intellectual property rights of others; or
· Resell, re-lease, distribute, or sublicense the Services or anything provided to you in connection with the Services.
3.5. Misuse of Personal Information. You may not:
· Use, threaten, or attempt to collect Personal Information for fraudulent or malicious purposes;
· Publish a person’s Personal Information against their wishes;
· Impersonate another person, company, or entity, spoof others, publish false statements or falsified items, or otherwise create content that is false or misleading in any way; or
· Interfere with the security, privacy, or Personal Information of a third party.
3.6. Misuse of Your Profile. You may not:
· Use our Services or your Profile to knowingly or artificially boost a website’s or webpage’s search engine ranking (such as through the use of bots);
· Host content that is downloadable, live-streamed, or merely intended to solicit clicks to other sites;
· Engage in unethical or misleading marketing or advertising;
· Post gratuitous graphic violent material, pornography, or nudity in connection with the use of our Services;
· Advertise or misrepresent activities that you are not authorized to perform (such as falsely stating that you are hiring workers); or
· Advertise items for sale that you are not authorized to sell.
3.7. Bullying. You may not:
· Publish Hate Speech, which includes, but is not limited to, verbally attacking or advocating for abuse or exclusion based on race, creed, color, religion, ethnicity, national origin, political affiliation, age, gender or sex, sexual orientation, genetic predisposition, disability, medical or physical condition, veteran status, or any other protected class under any applicable law;
· Publish any Content or Information that, in our opinion and at our sole discretion, we believe creates a genuine risk of harm or threat to public safety;
· Publish any Content or Information used to directly or indirectly threaten, harass, bully, or attack others, or to organize or incite violence, harassment, or property damage; or
· Condone or promote self-harm or harm to others.
4. Questionable content. We encourage you to use your discretion in selecting, posting, or using images or speech that may be offensive. Also, be mindful of the fact that once posted on the internet, a digital image or words may well last forever. If in doubt, leave it out.
PRIVACY POLICY
This Privacy Policy (the Policy) describes how Angela Vendetti Consulting, LLC (AVC) collects information from its Account holders.
By creating an Account or using our Services, you confirm that you agree to our Terms, our Acceptable Use Policy, and this Policy (collectively, the Terms). Where any Term in this Policy is capitalized but not defined, it is defined in the Terms.
Be assured: We never sell your Content, your Data, or your Personal Information to third parties.
1 Does this Policy apply to me? This Policy applies to Our Users, meaning, any visitor to AVC’s website, user of its app(s) or website(s), and user of any other Service, as well as includes anyone contributing to the creation of Content and submitting it to the Services. References to you presume that you are one of Our Users.
2 How the Policy applies. This Policy describes what we do with personal information that we collect and use for our own purposes (i.e., where we are a controller), such as your Account information and information about how you use and interact with our Services. We use cookies and similar technologies. Our cookie policy describes what we do in that regard.
We also host and process Content for Our Users. Our Users tell us what to do with their Content, and we follow their instructions to the extent we are able. This Policy does not describe what we do with user Content on Our Users’ instructions (i.e., as their processor). If you are one of Our Users, see our processing section to learn more about how we process your Content.
3 Personal information we collect. We collect information relating to you and the device(s) with which you access our Services, Your Site, and your Account, including:
· Information you provide to create an Account, such as your email address, name, address, billing information, payment information, etc.;
· Your marketing preferences;
· All messages that you send to us or otherwise contribute, including customer support inquiries, reviews, posts, emails, help tickets, or other items:
·
· Information that is generated from your use of your Account or the Services, such as, for example, your IP address, ISP information, browser information, search history, network or device history, preference settings, information about how you interact with the Services (such as timestamps, clicks, scrolling, browsing times, searches, transactions, referral pages, load times, and problems you may encounter, such as loading errors):
·
· Information we get from our third party partners that help us market the Services, improve our Services, and monitor how our website is and are seen or used: and
· Other information users submit to us directly or through third party services, if those are used to create an Account (based on privacy settings with that third party).
4 How we collect Personal Information. We may obtain Personal Information from various sources, including (1) directly from our users, when they register for an Account, respond to surveys or questions, and otherwise; (2) automatically recording some of it, such as through cookies, trackers, or beacons, and recording location data, usage data, hits, or other information; and (3) from third parties, such as third party apps or payment processors, though unless we are directed to do so, we don’t record or store payment information except as we need to ensure payment to AVC.
5 How we use your personal information. We never sell your Personal Information. We only use your Personal Information to improve the Services, help you and other users, create Services or improve Services, and to help us advertise. Users can control what cookies and similar technologies are used through their sites (except those we need to use to provide the Services properly, such as for performance or security related reasons).
We use the Personal Information we obtain about you to:
· Provide the Services, including creating and managing your Account, process payments, and respond to your needs;
· Communicate with you about your Account and the Services;
· Administer surveys, contests, and the like;
· Promote tailored Services to you that might be of interest based on your usage;
· Advertise our Services or the products of others based on what we learn from your Personal Information;
· Customize Services for our users to make our site easier, faster, or better from a UX perspective, or to show users what might be of interest to them;
· Improve our Services by analyzing and evaluating what works and what doesn’t, and what might be ways for AVC to provide additional Services, based typically on aggregated, anonymous, and/or pseudonymized data and information;
· Ensuring the security of our Services;
· Managing our third party vendor and partner relationships;
· Enforcing our Terms;
· Protecting our interests and the interests of others, including protecting users from harassment, bullying, or infringement; and/or
· Complying with applicable laws, statutes, ordinances, or regulations, including tax obligations or licensure requirements.
6 When we process your Personal Information. We process your Personal Information for the above purposes when:
· You have consented to the use of your Personal Information in a particular way. When you consent, you can change your mind at any time – just notify us according to section 10.12 of the Terms to say that you withdraw your consent to use a particular item of Personal Information;
· We need to use your Personal Information to fulfill our obligations under the Terms, such as to provide you with the Services and products requested by you, or to respond to your inquiries;
· We are legally obligated to use your Personal Information, such as to comply with applicable tax and other government regulations or to comply with a court order or binding law enforcement request;
· We need to protect you and others;
· We have a legitimate interest in using your Personal Information, such as, for example:
o To operate our business and provide you with tailored advertising and communications to develop and promote our business;
o To analyze and improve the safety and security of our Services in order to confirm that AVC’s Services are secure, and protects you against fraud, spam, phishing, and abuse;
o To provide and improve the Services, including any personalized services, to provide users with innovative, tailored, and useful Services; or
o To anonymize and subsequently use anonymized information; and
· We believe it is necessary for the legitimate interests of a third party, such as our partners who have a legitimate interest in delivering tailored advertising to you and monitoring and measuring its effectiveness or users who have a legitimate interest in having their sites function properly and securely and analyzing the usage of their sites so they can understand trends and improve their services.
7 Sharing your Personal Information.
7.1 How we share your Personal Information. We share Personal Information in the following ways:
· Affiliates. We share personal information with our affiliates when it is reasonably necessary or desirable, such as to help provide services to you or analyze and improve the services we or they provide.
· Business partners. We may share Personal Information with our business partners. For example, we may share your personal information when our Services are integrated with their third party services, but only when you have been informed or would otherwise expect such sharing.
· Service providers. We share personal information with our third party service providers that perform services on our behalf. For example, we may use third parties to help us provide customer support, manage our advertisements on other sites, send marketing and other communications on our behalf or assist with data storage.
· Process payments. We transmit your personal information via an encrypted connection to our payment processor.
· Following the law or protecting rights and interests. We disclose your personal information if we determine that such disclosure is reasonably necessary to comply with the law, protect our or others’ rights, property or interests (such as enforcing our Terms and Acceptable Use Policy) or prevent fraud or abuse of AVC and our users. In particular, we may disclose your personal information in response to lawful requests by public authorities, such as to meet national security or law enforcement requirements.
· Advertising. We share personal information with third parties so they and we can provide you with tailored advertising and measure and monitor its effectiveness. For example, we may share your pseudonymized email address with a third party social media platform on which we advertise to avoid serving AVC ads to people who already use AVC.
· Business transfers. If we're involved in a reorganization, merger, acquisition or sale of some or all of our assets, your personal information may be transferred as part of that deal.
7.2 Types of information AVC has shared in the last twelve (12) months. In the last twelve (12) months, we have not sold or shared any categories of our users’ information, whether for business purposes or otherwise. We maintain this list and update it every twelve (12) months.
8 Your rights.
8.1 What your rights may be. Your rights may include:
· Opting out of marketing communications. To do so, notify us in accordance with section 10.12 of the Terms, change your Account preferences to opt out, or unsubscribe (if that option is available under the circumstances).
· Accessing, updating, changing, or deleting your Personal Information. To do so, email us at hello@angelavendetti.com or change your Profile accordingly, though please note that we might be required to maintain Personal Information for the following purposes:
o To comply with applicable law;
o To protect our rights;
o To protect the rights of others; or
o To enforce our Terms.
· Restricting or objecting to the processing of Personal Information, or exercising a right of data portability under applicable law.
· Lodging a complaint with a supervisory or governmental authority.
· Withdrawing your consent to process Personal Information, if we rely on your consent to process Personal Information. If you withdraw consent, any actions that AVC took prior to then would be deemed authorized.
Due to our own internal systems, we may be a bit delayed in honoring your requests to access, update, change or delete Personal Information or to opt out of marketing communications. Rest assured that we will review your request as soon as possible, and will either honor your request or contact you if we cannot honor it for any reason.
8.2 If you choose to exercise your rights regarding your Personal Information. AVC will not take any negative action if you choose to exercise any of these rights, or if you make any written requests regarding sharing your information. We will not deny you any Services; will not charge you different rates or prices for the Services; will not provide you with a different level or quality of Services; or suggest that you will receive more expensive or lower-quality Services.
8.3 You can request to know what AVC shares with third parties. To make a request regarding whether we have shared your information, email us at hello@angelavendetti.com. We will provide you with the specific items and/or categories of Personal Information and other information we have shared, along with the categories of third parties with whom the information was shared, and whether it was sold or used for our own business purposes, over the twelve (12) months immediately prior to your request.
We may choose to verify the request prior to providing the information to you. Upon a verifiable written request, we will provide the requested information to you free of charge within 45 days of your verified written request. If we need more time to comply with a request, we will inform you in writing prior to the expiration of the 45 day period, and will inform you when the information will be sent. At law, we have another 45 days after the initial 45 day period to comply with your request.
We will send the information to your AVC account portal, if any; otherwise, we will provide it either to your billing address via U.S. mail, postage prepaid, or email in a readily usable format. We are not required to provide this information to you more than twice in any given twelve (12)-month period.
9 Protecting Personal Information.[NB1]
9.1 Systems safeguards. No system is completely secure, and AVC’s system is no exception. We have a security team dedicated to keeping Our Users’ Personal Information safe and secure. We maintain administrative, technical, and physical safeguards intended to protect our users from the accidental or unlawful destruction, loss, dissemination, unauthorized alteration, unauthorized disclosure or access, and misuse of Personal Information. Our security measures include the use of firewalls, anti-virus software, cloud backups, redundancies, and testing our systems regularly for safety and security. We require multi-factor authentication to access our resources. We also employ secure coding techniques and best practices, focusing on the most recent OWASP Top Ten. Our developers are formally trained in web app and website development practices upon hire and annually. [AV2] [NB3]
9.2 Staffing safeguards. In addition, we protect Personal Information by implementing strict staff procedures. We may, but are not required to, conduct background screening on potential hires at the time of hire. AVC regularly provides all information and changes on its information policies, security policies, and other relevant policies to all personnel, and regularly trains employees on how to implement those changes. Our staff must maintain Personal Information as confidential for all purposes. Employees are required to acknowledge the policies, and their familiarity with any changes, on an annual basis, and must further undergo additional training in security, privacy, and job-specific skills development. Our staff’s passwords must be complex, and the passwords expire regularly and cannot be reused. Misuse of a password, or an attempt to access the resources through an outdated password, results in a lockout necessitating resetting by AVC. AVC grants access on an as-needed basis, and reviews passwords and permissions on a quarterly basis. Any employee whose employment terminates for any reason is no longer permitted to access the system within twenty-four (24) hours of that termination.
9.3 Vulnerability testing. AVC maintains a vulnerability management program which includes periodic scans, identification, and remediation of any vulnerabilities on servers, workstations, equipment, and/or applications. All networks are regularly scanned using trusted third party vendors. Critical patches are applied to servers on a priority basis and as appropriate for all other patches. We also regularly conduct tests of internal and external weaknesses, and remediate according to the severity for any results found.
9.4 Third party professionals. AVC works with third party professionals to optimize its services, provide advertising, and for other reasons. All of these third party professionals will be selected in part on their representations that they will absolutely not share your Data, Content, or Personal Information with anyone, and will safeguard that information except as is absolutely necessary to provide us with the services for which we engage them. We enter into confidentiality and data processing terms with our partners, keeping them to a high level of confidentiality and best practices in privacy and security standards. We regularly review whether these partners uphold these standards. If, for any reason, a third party does wish to use or sell your Data, Content, or Personal Information, we will be required to provide you with explicit notice, and you will have the right to opt out of the Services and terminate your Account.
9.5 Logging and auditing. Our application and infrastructure systems log information to a centrally managed log repository for troubleshooting, security reviews, and analysis by authorized AVC personnel or professionals. Logs are preserved in accordance with regulatory requirements. We will provide you with reasonable assistance and access to logs in the event of a security incident impacting your Account.
9.6 Asset management. AVC maintains an asset management policy which includes identification, classification, retention, and disposal of information and assets. All of our company-owned or company-issued devices are equipped with full hard disk encryption and up-to-date antivirus software. Only company-issued devices are permitted to access corporate and production networks.
9.7 Information security incident management. We maintain security incident response policies and procedures to cover our initial response to a potential security incident, as well as our follow-up responses, investigation, customer notification (no less than may be required by applicable law), public communication, and remediation. All of our policies are reviewed regularly and tested each year.
9.8 Breach notification. Despite best efforts, no method of transmission over the Internet and no method of electronic storage is perfectly secure. We cannot guarantee absolute security. However, if AVC learns of a security breach, we will notify affected users so that they can take appropriate protective steps. Our breach notification procedures are consistent with our obligations under applicable country level, state and federal laws and regulations, as well as any industry rules or standards applicable to us. We are committed to keeping our customers fully informed of any matters relevant to the security of their account and to providing customers all information necessary for them to meet their own regulatory reporting obligations.
9.9 Information security aspects of our systems management. AVC performs system backups on a rotating basis, and also perform incremental backups. We regularly test and verify that these backups are operational. Backups are encrypted and stored within the production environment to preserve their confidentiality and integrity.
10 How AVC retains Personal Information.
10.1 Generally. AVC retains Personal Information regarding you until your Account is no longer active. We also retain Personal Information for as long as needed to comply with the Terms, to protect the rights of users and third parties, to comply with applicable law, and to protect AVC. The amount of time that we retain Personal Information depends on the type of information being retained, any active or potential disputes (and the nature of those disputes), any legal or statutory requirements, and other factors.
10.2 Deletion of your Account. We understand that sometimes Our Users wish to have information available even after they terminate an Account. We do not immediately delete Personal Information or information relating to Your Site; instead, we may maintain it for a reasonable period of time to permit Our Users to renew their Accounts. To be sure your Account is deleted once you terminate Services, contact us at hello@angelavendetti.com. We will follow the procedures stated in this Policy.
10.3 Information that will not be deleted. AVC collects and maintains aggregated, anonymized, and/or de-personalized information. We may retain this indefinitely.
10.4 Your responsibilities to safeguard your Personal Information. If you provide Personal Information to AVC, you have a responsibility to keep your own data secure as well. Some things you can do include choosing complicated passwords and storing them safely, maintaining anti-virus software and firewalls on your devices, and being selective in your choices when you search the internet generally. We encourage you to do all of these to safeguard your Personal Information.
11 Data transfers.
Personal Information that you submit through the Services may be transferred to countries outside of the United States. We also store Personal Information on devices that you use to access the Services or Your Account. However, your Personal Information may be transferred to countries that do not have the same data protection laws.
Our Services are intended only for users in, and who are residents of, the United States and its territories. However, if we learn that Our Users may be subject to other laws relating to data protection, we may be required to comply with the General Data Protection Regulation promulgated by the European Union (the GDPR). Compliance may involve GDPR compliance, such as transfers in accordance with the EU-U.S. or Swiss-U.S. Privacy Shield Frameworks (each individually and jointly, the Privacy Shield), working only within countries that have entered into the European Commission approved contract for transfers of personal data outside the European Economic Area, or otherwise complying with the GDPR in any way that may be necessary.
12 Updating this Policy.
AVC may change this Policy and the Terms at any time and for many different reasons – whether to reflect changes in law, changes in Services, account for changes in functionality, or other reasons. The most recent version of these Terms will always be posted on our website in their entirety. If AVC believes, in its sole discretion, that a change to the Terms will affect you in a material way, then we will notify you via email. Changes will be effective on the day that they are posted to the Services, and will apply going forward.
Some changes may require your consent to become effective; some may require advance notice; some may simply require posting on the Services. If you do not want to agree to any changes to the Services, therefore, the best way to make that clear is probably to discontinue using the Service in question. If you choose to continue using the applicable Service, you consent to the new Terms of that Service simply by continuing to use it or by taking no action.
13 Cookies.
13.1 What cookies are. We use cookies and similar technologies in our Services. Cookies are small bits of data that we store on the device(s) you use to access the Services. Cookies permit us to recognize repeat users and their preferences, and help us deliver and optimize our Services. Each cookie expires after a certain period of time, depending on its use. By using the Services, or even being a Visitor, you agree that our cookies can be placed on your device(s).
13.2 Why we use cookies. We use cookies for a variety of reasons:
· To recognize repeat users and their preferences;
· To gather and maintain data usage information and site usage information;
· To help us deliver and optimize our Services;
· To make our Services easier to deliver;
· To make our Services easier to use, easier to access, and of greater interest to you;
· To provide you with personalized advertising or information relating to Data;
· For security reasons (and in particular, to authenticate your identity); and
· To advertise to you, by evaluating which emails, ads, or links are clicked on.
13.3 Who generates the cookies we use. AVC generates some cookies, and some are generated by our partners. We might generate a cookie to permit us to gather information about how often you use our site. A third party, such Google Analytics (or another service we use to gather user data), might generate some cookies which gather your user preferences and other data, and use that to advertise to you. Typically, advertising networks follow your online data and activities over time by collecting website navigational information, and that means that you will likely see advertisements about products or services that you have searched or which, based on your search history, might be of interest to you.
Note that if we use third-party cookies, sometimes that information is gathered without Personal Information attached to it; later, once associated with your IP address, web beacon information, or other information, it may be contextualized and your Personal Information attached (particularly if you click on an advertisement to our site and then register as a user). This process helps us manage and track the effectiveness of our marketing efforts.
13.4 Types of cookies we use. AVC uses several different types of cookies:
· Required or essential cookies – for example, login session cookies. These permit the Services to operate correctly. We use these types of cookies to confirm your identity when using the Services;
· Functionality cookies – for example, language setting cookies. These permit us to store your preferences, such as your name and preferred language, or if you stopped in the middle of generating Content, taking you back to where you were when you stopped;
· Preference cookies – for example, customizing our content. These permit us to collect and store information about your choices and preferences, and (if compiled with other users’ preferences) might help us redesign the Services to be easier and better to use;
· Social media cookies – for example, Facebook, Instagram, or Google Plus. These permit us to analyze social media usage;
· Analytics cookies – for example, Google Analytics. These permit us to gather data about the Services and improve functionality and performance. These let us see the bigger picture of how you and our other users use our Services; and/or
· Advertising cookies – for example, AdRoll or Google Analytics. We may place third party advertisements on our site, or we may also gather data about how you use the internet generally. For example, if you visit our website, you may see an advertisement for our website as you search other sites in the future. We might also use these cookies to track how effective our advertising is.
13.5 Opting out of cookie-based advertising. If you do not want to receive ads generally, you can “opt out” of receiving them by clicking https://www.aboutads.info, or https://preferences-mgr.truste.com/ . Opting out in this way does not mean you will not receive any ads; it just means that you will not receive ads from such companies that have been tailored to you based on your activities and inferred preferences. You can also delete or remove cookies, or disallow any cookies at all, through your browser preferences. To learn more about how to disable cookies you can refer to this link: https://www.aboutcookies.org/Default.aspx?page=1
14 Questions.
Have a question? Contact us:
Angela Vendetti Consulting, LLC
c/o Pennsylvania Registered Agent
1150 First Avenue, Suite 511
King of Prussia, PA 19406
hello@angelavendetti.com