OLLE PRIVACY POLICY
AND TERMS OF USE
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PRIVACY OF WEBSITE VISITORS.
It is the policy of Xtend, Inc. ("Xtend") to respect and protect the privacy of visitors to this website ("OLLE"). Xtend will collect personal identifying information such as names, home addresses, e-mail addresses, age, etc. only when a visitor voluntarily provides it to us in the process of using the OLLE website to participate in a contest or promotion, or in using other services such as requesting more information or filling out an online survey.
If you do not consent to the Privacy Policy and Terms of Use, do not use the OLLE site.
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USE OF PERSONAL INFORMATION.
By using the site, Xtend and the organization promoting the contest or promotion ("Promoting Organization") may use and disclose your personal identifying information in a number of ways. Xtend and/or the Promoting Organization may use your personal identifying information in connection with sending you specific, targeted information that may be of interest to you. Xtend and/or the Promoting Organization may use your contact information, such as your e-mail address or mobile number, to confirm receipt of your registration on OLLE, to fulfill your requests, to confirm receipt of a request, to send you advertising or promotional materials, to collect and answer questions and correspondence from our visitors, for marketing and research, or for other similar purposes. Xtend may also analyze information about our visitors as a group to make our website better, but visitors are not individually identified when we do this.
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PERSONAL INFORMATION DISCLOSURE TO THIRD PARTIES.
Xtend will not sell, rent or give a visitor's personally identifying information to any third party unless Xtend or the Promoting Organization asks for and receives the visitor's permission at the time the personal information is collected. Xtend does however, share aggregate information about the users of Xtend's website with our advertisers, business partners, sponsors and certain others. Xtend may also share your information when we work with another organizations to offer or provide products, services, contests or promotions to our customers.
Your personal identifying information may be disclosed if Xtend is compelled by law or legal process to disclose it. We cooperate with law enforcement inquiries, we obey court orders, and we honor subpoenas and other legal process. We may also disclose such information if we determine, in our sole discretion, that disclosure would be useful in connection with investigating possible non-compliance either with the law or any Xtend policy, or in cases of injury to or interference with (whether intentionally or unintentionally) Xtend’s rights or property or those of anyone else who may be harmed by such actions, such as our users or visitors.
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EDITING INFORMATION; UNSUBSCRIBING FROM WEBSITE.
Xtend provides instructions on the OLLE website on how you can either edit information previously given (such as your address) or remove yourself from automated messages we send. You may opt out of receiving special offers, promotions or mailings from us or third parties at any time. Only those users who have not opted out of receiving such communications from us or third parties will receive such offers. Otherwise, we will not sell our member contact list or provide your personal identifying information to any other person or entity in the ordinary course of our business, although we reserve the right to transfer such information in connection with a change in ownership of Xtend. Please note that it may take up to 10 business days to process your request to update your personal information or remove you from our email list. If we change or delete information in response to your request, we will not then continue to use it; however, some residual information may remain in backup records or records of deletions.
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COOKIES.
Xtend uses "cookie" technology to enhance a visitor's online experience by making it easier to navigate through our website or to make an activity work better. Cookies are small pieces of information or files that a website puts on a computer's hard disk for record-keeping purposes. Cookies allow a computer to "remember" information from our website for future use. If you use a link from the OLLE Site to another site, or if you arrived at our OLLE Site through a link from another site, it is also possible that these other sites may place a cookie or other identifier on your computer. We do not control and are not responsible for the use of cookies or other identifiers by anyone except Xtend.
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THIRD PARTY ADVERTISEMENTS AND/OR LINKS.
Xtend may include advertisements and/or links to websites operated by third parties that are not sponsors and are not affiliated with or endorsed by Xtend or the Promoting Organization. Xtend cannot guarantee what exactly is presented on other sites or where links elsewhere may lead. Xtend is not responsible for the content, practices, or information provided or requested on websites operated by third parties. Further, advertisements on and links to or from OLLE do not constitute sponsorship, endorsement, or approval by Xtend or the Promoting Organization of the content, policies, practices or products or services offered on these websites.
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SECURITY.
The importance of security for all personally identifiable information associated with OLLE users and visitors is important to us. Xtend implements a variety of technologies to make the OLLE website as secure as possible against unauthorized access and takes commercially reasonable efforts to protect the information visitors choose to provide to us. Unfortunately, no data transmission over the Internet can be guaranteed to be one hundred percent (100%) secure. As a result, Xtend cannot ensure or warrant the security of any information transmitted to us or from our online products or services, and a visitor does so at his or her own risk.
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LIMIT OF LIABILITY.
By using the OLLE website, you agree that XTEND, THE PROMOTING ORGANIZATION, AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, RELATED TO THE USE OF THE OLLE SITE EVEN IF XTEND OR THE PROMOTING ORGANIZATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE PROMOTING ORGANIZATION AND XTEND AND THEIR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
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INDEMNITY.
By using the OLLE site, you accept the risk of use and you will release, indemnify, defend, and hold Promoting Organization and Xtend, their subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from and against any claim, damages, or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly, or indirectly, from receipt, enjoyment, ownership, possession, use, misuse, or inability to use of the OLLE site, or any prize, or participation in a contest or a related activity, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation, (i) any condition caused by events beyond Promoting Organization and/or Xtend’s control that may cause the contest to be disrupted or corrupted, (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in a contest, and (iii) any printing or typographical errors in any materials associated with a contest. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. Neither the Promoting Organization nor Xtend are liable for (i) late, lost, illegible, misdirected, damaged, incomplete, improperly submitted, or otherwise irregular entries, (ii) theft, destruction, unauthorized access to or alterations of entry materials, or (iii) phone, electrical network, computer, hardware, software program or transmission malfunctions, failures, or difficulties.
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XTEND’S PARENTAL CONSENT POLICY.
Xtend is committed to protecting the online privacy of children. In accordance with the Children's Online Privacy Protection Act, Xtend does not intend that this site will be used by children, and Xtend will not knowingly collect any personally identifiable information from children under the age of thirteen (13) without first obtaining parental consent.
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POLICY CHANGES AND WEB SITE MAINTENANCE
Xtend may, from time to time, change its policies, potentially including this Privacy Policy and Terms of Use. If any such changes are made, they will be posted on this website. Therefore, you should review Xtend’s Privacy Policy and Terms of Use posted on the website for potential changes when you return to the OLLE Site for future visits.
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GENERAL.
This Policy and Terms of Use will be governed and interpreted pursuant to the laws of Michigan, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Michigan regarding any dispute between you and Xtend pertaining to the subject matter hereof. The parties to these Rules each agree that the exclusive venue for any dispute between the parties will be in Kent County Court in Grand Rapids, Michigan or in U.S. District Court for the Western District of Michigan in Grand Rapids, Michigan.
If any part of this Policy or Indemnification is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
