TERMS OF SERVICE
1. Acceptance of Terms: Access to Site
The Web site located on the World Wide Web at: www.VegasConsultants.com (the “Site”) is made available to you by VegasConsultants.com (“VegasConsultants.com”). By accessing and using the Site and services offered through the Site, including without limitation, the VegasConsultants.com products (“Services”), you acknowledge that you have read and agree to be bound by and comply with these Terms of Service and any other terms and conditions posted on any individual page of the Site (the “Terms”).
IF YOU DO NOT AGREE WITH THE TERMS, DO NOT ACCESS AND USE THE SITE.
The Terms may be amended by VegasConsultants.com from time to time without notice to you. You agree to review these Terms from time to time and that your continued use of the Site constitutes your acceptance of any such revised Terms. Use of particular services or materials may be subject to additional terms and conditions that will be made available to you by VegasConsultants.com in connection with such services or materials. VegasConsultants.com may modify or discontinue the Site (or any part thereof) and may remove materials from the Site with or without notice to you. VegasConsultants.com will not be liable to you or to any third party for any modification or discontinuance of the Site or removal of content from the Site. You may not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
2. Site Materials:
The Site and its contents are protected by copyright, trademark, patent and other applicable laws and international treaties. All Site content, including but not limited to all design, information, artwork, graphics, text, video, images and the selection and arrangement thereof, the VegasConsultants.com products, related software, VegasConsultants.com technology and any and all other materials (“Content”), is the sole property of VegasConsultants.com and its suppliers, as applicable. Except as permitted herein or with VegasConsultants.com written permission, you may not copy, redistribute, publish, retransmit, transfer, modify or create derivative works, or in any way commercially exploit, any content on the Site, in whole or in part. You are not authorized to change or delete author attribution, trademark legends or copyright notices.
3. Copyrights and Trademarks:
It is VegasConsultants.com policy to respect the copyright and intellectual property rights of others. VegasConsultants.com may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, VegasConsultants.com may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. If you believe that VegasConsultants.com or any user of our site has infringed your copyright in any material way, please notify VegasConsultants.com and provide the following information: 1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, 2. An identification of the copyrighted work claimed to have been infringed, 3. An identification of the material that you claim is infringing so that we may locate it on the site, 4. Your address, telephone number and email address, 5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law, and 6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
5. Online Conduct:
You may only use this Site for lawful purposes and in compliance with all applicable local, state, national and international laws. Unacceptable conduct on this Site includes, without limitation, harassment, harming minors in any way; interfering with or disrupting the Site or servers or networks connected to the Site; violating the regulations, policies or procedures of networks or Web sites connected or linked to the Site; attempting to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, or attempting to collect or store personal data about other users of the Site.
6. User Content:
You are solely responsible for all content that you submit to the Site or when using the Services, including without limitation, the content of any queries that you submit to the VegasConsultants.com (“User Content”). You acknowledge that VegasConsultants.com does not pre-screen User Content, but collects and stores User Content for purposes of recording the frequency and content of queries and assembling a database of ranked and categorized queries in order to enhance the Services. You acknowledge and agree that VegasConsultants.com may preserve User Content and may also disclose User Content if required to do so by law or if VegasConsultants.com considers doing so to be reasonably necessary to (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, interests or safety of VegasConsultants.com, its users, connected networks or the public.
7. Third Party Content:
This Site contains Content not provided by VegasConsultants.com or its licensors (collectively, “Third Party Content”). You understand and expressly agree that VegasConsultants.com assumes no responsibility or liability for Third Party Content. VegasConsultants.com does not control Third Party Content and as such assumes no responsibility for the accuracy, integrity or quality of such Content. VegasConsultants.com is not responsible for (a) errors or omissions in Third Party Content, (b) offensive, objectionable or defamatory Third Party Content, or (c) loss or damage of any kind incurred as a result of Third Party Content. Any opinion, advice, statement or other information or content expressed or made available by Third Party Content are those of the Third Party and are not endorsed by VegasConsultants.com, its parents, or subsidiaries, successors and assigns. Under no circumstances shall VegasConsultants.com or its affiliates, or any of its officers, directors, employees or agents be liable for any loss, damage or harm caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice or other Content available through the Site. You will bear responsibility for all risks associated with your use of any Third Party Content posted on or accessible through the Site.
By accessing the Site and using the Services, you will be provided with links to and information about other World Wide Web sites or resources. Because VegasConsultants.com has no control over such sites and resources, you acknowledge and agree that VegasConsultants.com is not responsible for the availability of such external sites or resources and does not endorse and is not responsible for or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that VegasConsultants.com shall not be responsible or liable directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site or resource.
9. Disclaimer of Warranties:
VegasConsultants.com disclaims any and all responsibility and/or liability for the accuracy, completeness, legality, reliability, operability and availability of any content or Services available on or through the Site. VegasConsultants.com further disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material. VegasConsultants.com disclaims any and all harm resulting from downloading or accessing any information or material on or through the Site and assumes no liability or responsibility for any errors or omissions in such content. You bear all risk associated with any content and Services that you access through the Site.
10. Limitation of Liability:
Your use of the site and use of the services and content is at your own risk. Neither VegasConsultants.com nor any of its officers, employees, or agents will be liable for any indirect, consequential, incidental, special, or punitive damages (including without limitation damages resulting from lost profits or costs of procurement of substitute products or services) arising out of or in connection with the site, services or content, whether under a theory of contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages. In no event will the liability of VegasConsultants.com or its affiliates, officers, employees, or agents under any theory of liability (whether in contract, tort (including negligence or strict liability), or otherwise) exceed $100, regardless of whether such parties have been advised of the possibility of such damages. The provisions in this section 10 may be limited by provisions of applicable law.
The site and all services and content provided through it are provided on an “as is” and “as available” basis and without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services may be adjusted before, during or after your membership without notice to you, including without limitation, frequency, volume and cost. VegasConsultants.com does not warrant that (i) the site, content or services will be timely, secure, uninterrupted, or error free, or (ii) defects in the site, content or services will be corrected; or (iii) the site, content or services will meet your expectations or needs. VegasConsultants.com will not be responsible for errors, omissions, interruptions, deletions, defects, and delays in operation or transmission, communication line failure, or computer viruses associated with the operation of the site, services or content. Some States do not allow the disclaimer of implied warranties, so portions of the foregoing disclaimer may not apply to you.
By using this Site, you agree to indemnify VegasConsultants.com and its parents, subsidiaries, affiliates, directors, officers, employees and agents and hold them harmless from and against any and all claims, expenses, damages and losses arising out of or relating to your use of the Site and/or Services, violation of the these Terms, or violation of the rights of any third party.
12. Dealings with Advertisers:
Your correspondence or business dealings with or participation in promotions of advertisers or businesses found on or through the Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser/business. You agree that VegasConsultants.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the presence of such advertisers/businesses on the Site. VegasConsultants.com expressly disclaims any endorsement of any businesses, products or services provided by third parties on or through the Site.
VegasConsultants.com may terminate your access to Services at any time, with or without notice to you, and delete any and all information, communications or User Content. Reasons for such termination include, but are not limited to, conduct that VegasConsultants.com, in its sole discretion, believes violates these Terms. You agree that VegasConsultants.com shall not be liable to you or any third party for any termination of your access to the Site or Services.
14. Monitoring of the VegasConsultants.com Site:
VegasConsultants.com will have the right (but not the obligation) to monitor the Site to determine compliance with these Terms and any VegasConsultants.com operating rules, and to satisfy any law, regulation or government request.
15. Profit Guaranteed
VegasConsultants.com guarantees all picks purchased through our service. If a purchased plan does not profit then your member’s account will be credited with the total amount of the plan purchased.
What personal information do we collect from the people that visit our website or blog?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, subscribe to a newsletter or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested; To allow us to better service you in responding to your customer service requests; To administer a contest, promotion, survey or other site feature; To quickly process your transactions.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled it won’t affect the users experience that make your site experience more efficient and some of our services will not function properly. However, you can still place orders.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.
Opting out: Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA we agree to the following:
Users are able to change their personal information
By emailing us; By logging in to their account; By chatting with us or sending us a ticket.
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It’s also important to note that we do not allow third party behavioral tracking.
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify the users via email Within 7 business days.
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions; Process orders and to send information and updates pertaining to orders; We may also send you additional information related to your product and/or service; Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM we agree to the following:
NOT use false, or misleading subjects or email addresses; Identify the message as an advertisement in some reasonable way; Include the physical address of our business or site headquarters; Monitor third party email marketing services for compliance, if one is used; Honor opt-out/unsubscribe requests quickly; Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
The privacy of our website visitors is very important to us, and we are committed to safeguarding it. This policy explains what we will do with your personal information.
COLLECTING PERSONAL INFORMATION
The following types of personal information may be collected, stored, and used:
Information about your computer including your IP address, geographical location, browser type and version, and operating system; Information about your visits to and use of this website including the referral source, length of visit, page views, and website navigation paths; Information, such as your email address, that you enter when you register with our website; Information that you enter when you create a profile on our website; Information, such as your name and email address, that you enter in order to set up subscriptions to our emails and/or newsletters; Information that you enter while using the services on our website; Information that is generated while using our website, including when, how often, and under what circumstances you use it; Information relating to anything you purchase, services you use, or transactions you make through our website, which includes your name, address, telephone number, email address, and credit card details; Information contained in any communications that you send to us by email or through our website, including its communication content and metadata; Any other personal information that you send to us.
Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
USING YOUR PERSONAL INFORMATION
Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website. We may use your personal information for the following:
Administering our website and business; Personalizing our website for you; Enabling your use of the services available on our website; Sending you goods purchased through our website; Supplying services purchased through our website; Sending statements, invoices, and payment reminders to you, and collecting payments from you; Sending you non-marketing commercial communications; Sending you email notifications that you have specifically requested; Sending you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter); Sending you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications); Providing third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information); Dealing with inquiries and complaints made by or about you relating to our website; Keeping our website secure and prevent fraud; Verifying compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service); and Other uses.
If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the license you grant to us.
We will not, without your express consent, supply your personal information to any third party for their or any other third party’s direct marketing.
DISCLOSING PERSONAL INFORMATION
We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information:
To the extent that we are required to do so by law; In connection with any ongoing or prospective legal proceedings; In order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); To the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
Except as provided in this policy, we will not provide your personal information to third parties.
INTERNATIONAL DATA TRANSFER
Information that we collect may be stored, processed in, and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China, and India.
Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
You expressly agree to the transfers of personal information described in this Section.
RETAINING PERSONAL INFORMATION
This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations regarding the retention and deletion of personal information.
Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
Without prejudice to article G-2, we will usually delete personal data falling within the categories set out below at the date/time set out below:
Personal data type will be deleted after one year.
Notwithstanding the other provisions of this Section, we will retain documents (including electronic documents) containing personal data:
To the extent that we are required to do so by law; If we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and In order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
SECURITY OF YOUR PERSONAL INFORMATION
We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information.
We will store all the personal information you provide on our secure servers.
All electronic financial transactions entered into through our website will be protected by encryption technology.
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you understand any changes to this policy. We may notify you of changes to this policy by email or through the private messaging system on our website.
You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to the following:
The supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a notary plus an original copy of a utility bill showing your current address).
We may withhold personal information that you request to the extent permitted by law.
You may instruct us at any time not to process your personal information for marketing purposes.
In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
THIRD PARTY WEBSITES
Our website includes hyperlinks to, and details of, third party websites. We have no control over, and are not responsible for, the privacy policies and practices of third parties.
Please let us know if the personal information that we hold about you needs to be corrected or updated.
The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
We use Google Analytics and Adwords on our website to recognize a computer when a user visits the website, track users as they navigate the website, enable the use of a shopping cart on the website, improve the website’s usability, analyze the use of the website, administer the website, prevent fraud and improve the security of the website, personalize the website for each user and target advertisements which may be of particular interest to specific user.
Most browsers allow you to refuse to accept cookies, for example:
In Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools,” “Internet Options,” “Privacy,” and then “Advanced”; In Firefox (version 24) you can block all cookies by clicking “Tools,” “Options,” “Privacy,” selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and In Chrome (version 29), you can block all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Content settings,” and then selecting “Block sites from setting any data” under the “Cookies” heading.
Blocking all cookies will have a negative impact upon the usability of many websites. If you block cookies, you will not be able to use all the features on our website.
You can delete cookies already stored on your computer, for example:
In Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835 ); In Firefox (version 24), you can delete cookies by clicking “Tools,” “Options,” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies,” and then clicking “Remove All Cookies”; and In Chrome (version 29), you can delete all cookies by accessing the “Customize and control” menu, and clicking “Settings,” “Show advanced settings,” and “Clear browsing data,” and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data.”
Deleting cookies will have a negative impact on the usability of many websites.