Effective Date: April 13, 2018
THIS WEBSITE IS OFFERED TO YOU, THE USER, CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE FOLLOWING TERMS, CONDITIONS, AND NOTIFICATIONS. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR EXPRESS AGREEMENT TO ALL SUCH TERMS, CONDITIONS, AND NOTIFICATIONS. ANY OF OUR RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE SPECIFICALLY RESERVED.
LIMITATION ON LIABILITY
BY USING THIS SITE, YOU ACKNOWLEDGE THAT WE SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THIS SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER’S COMPUTER EQUIPMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR PROVIDED THROUGH THE USE OF THIS SITE IS DONE AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE USE, DOWNLOAD OR PROVISION OF ANY SUCH MATERIAL.
Except to the extent required by applicable law, we will not be liable for the unavailability or failure to operate all or any part of the service or system on which this Site is accessed, viewed or used.
Limitation on Your Usage
You may not modify, copy, distribute, license, transmit, reproduce, disseminate, display, transfer or sell, or offer for sale, any information, material, product, or service viewed on or obtained from this Site without express permission.
Information Collected and Use and Sharing of that Information
From time to time, including when you register to use this Site, we may ask you to provide certain information by which you may be identified, such as your name, title, address, organization name, telephone number, e-mail address, and similar information by which or with which you might be identified. This information will be referred to in this document as “Personal Information.” You may decline to provide this Personal Information, but you may thereby be unable to register or participate in activities or opportunities offered on the Site.
JillianOchoa.com may also use and disclose to others information automatically collected about you and your use of the Site, including information collected by third parties using tracking technologies on our Site, such as the type of browser you use, the files you request, the URL and geographic location from which you request information, the URL that you came from and went to, and similar information, and information compiled in the form of statistical, demographic, or aggregated information about visitors generally to the Site. This information is referred to in this document as “Usage Information.” The methods that may be used on the Site to collect Usage Information include web log files and tracking technologies such as cookies, web beacons (also known as “tracking pixels”), embedded scripts, and location-identifying technologies:
Web log files
Like most website administrators, we use log files that record information such as Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. We gather this information to track website visitor movement in the aggregate and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how our customers and the public are using our Site and services. IP addresses that are recorded by our log files are not linked to personally identifiable information.
Web Beacons (“Tracking Pixels”)
Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Site, to monitor how users navigate the Site, and to count content views.
An embedded script is programming code designed to collect information about your interactions with the Site. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Site, and deleted or deactivated thereafter.
Location-aware technologies may locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
Use and Sharing of Information
For the purpose for which it was provided or with your consent. If you give us information for a specific purpose, we will use it and may share it with our service providers for that purpose. We may also use and share your information with your consent or at your direction.
To manage and contact you on this Site. JillianOchoa.com may use your information to manage our Site and to contact you from time to time to provide you with information about JillianOchoa.com or request your input about JillianOchoa.com or this Site and ways in which we might improve. We may share information about you with our service providers for this purpose.
To inform you about JillianOchoa.com’s information, developments, events, services, opportunities and fundraising efforts. JillianOchoa.com may contact you and send you information about its activities, products, services, events and fundraising efforts in which JillianOchoa.com hopes you might be interested. We may share information about you with our service providers for this purpose.
For analytics purposes. JillianOchoa.com may use and share information about you with our service providers and other third parties, including publishers, to monitor and analyze trends, usage, and activities, for example in connection with the promotion of a new book, movie, or TV production.
Necessary disclosure of this Personal Information. JillianOchoa.com may disclose information, including Personal Information, to third parties as required by law, as we deem necessary or appropriate (such as under subpoena or court order). JillianOchoa.com may need to disclose Personal Information when required by law wherein we have a good-faith belief that such action is necessary or reasonable to comply with a current judicial proceeding, a court order or legal process served on our organization. We may also disclose Personal Information to third parties in our discretion if we determine such disclosure is advisable to help avoid harm to persons or property. We may disclose your information to third parties to protect the rights, property, life, health, security and safety of us, the Site or any third party.
During a merger or sale. JillianOchoa.com may use and share information about you in connection with or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company.
Security of account information
JillianOchoa.com makes significant efforts to protect from unauthorized access the data it collects. Nevertheless, transmission via the Internet is not completely secure and we cannot guarantee the security of your information collected through our Site.
Correction or Deletion of Your Information
Requesting information. You can request details of Personal Information compiled about you by contacting JillianOchoa.com using the form at https://JillianOchoa.com/contact.php.
Correcting Information. You may correct information by informing JillianOchoa.com (using the form at https://JillianOchoa.com/contact.php) of the corrections that need to be made.
Deleting your Personal Information from our Database. You may ask JillianOchoa.com to delete your Personal Information from JillianOchoa.com databases of this Site by contacting JillianOchoa.com using the form at https://JillianOchoa.com/contact.php. If you delete your Personal Information from these databases, you may be unable to further benefit from the use of certain portions of the Site or to use your password further.
If a user elects to use our referral service for informing a friend about our Site, we ask them for the friend’s name and e-mail address. JillianOchoa.com will automatically send the friend a one-time e-mail inviting them to visit the Site. JillianOchoa.com stores this information for the sole purpose of sending this one-time e-mail.
Sweepstakes, Contests, and Promotions
We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and other parties to use your name, voice and/or likeness in advertising or marketing materials.
Children and Minors
JillianOchoa.com encourages parents and guardians to monitor and participate in their children’s online activities. No information should be submitted to this site by users under 13 years of age, and users under 13 years old are not allowed to make donations, register for newsletters, clubs or activities.
Where appropriate, JillianOchoa.com may ask you to indicate your age to verify compliance with these policies. JillianOchoa.com does not knowingly collect information from users under 13 years of age or provide any personally identifying information from such users to any third party. We do not allow users known to be under 13 years of age to receive marketing communications from JillianOchoa.com or from third parties over which we have control.
No Personal Information about or from children (13 years old or under) should be provided on the Site. This Site is not designed for children. If you are a minor, please secure the permission and guidance of your parents or guardian before using this Site.
Links to Other Sites
We may have or add links to third-party sites. Such linked sites are not under the control of JillianOchoa.com and JillianOchoa.com is not responsible for the accuracy, completeness or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at your own risk. JillianOchoa.com has not reviewed all of the sites linked to this Site. JillianOchoa.com provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by JillianOchoa.com of such third party sites or any goods or services offered by such third parties.
Please be aware that once you leave the Site and enter another website, you may be subject to different privacy practices and policies over which we have no control and for which JillianOchoa.com is not responsible. Please use prudence in utilizing such links and in disclosing any personal information on those sites. Any information you share with these websites is subject to their policies and practices and is independent of JillianOchoa.com.
Analytics and Advertising Tracking Technologies
We may use service providers for analytics services. These analytics services may use tracking technologies to help us analyze Site users and how they use the Site. Information generated by these services may be transmitted to and stored by these service providers on servers in the U.S. (or elsewhere) and these service providers may use this information for purposes such as evaluating your use of the Site, compiling statistic reports on the Site’s activity, and providing other services relating to Site activity and other internet usage.
We may also engage and work with third parties to serve advertisements on the Site and on third-party sites. These third parties may use tracking technologies to tailor ads to your interests based on your browsing of the Site and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising (“Interest-based Advertising”), which may include sending you an ad on a third party site after you have left the Site (i.e., “retargeting”).
You may choose whether to receive Interest-based Advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you can opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and ads (e.g., from other ad networks). We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
We use Google Analytics for analytics services. The following opt-out applies only to Google services:
“Do Not Track”
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do about these signals. Accordingly, we do not monitor or take action concerning “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Ownership of Information
All opinions, ideas, suggestions, and other feedback submitted to this Site may be used by JillianOchoa.com without any restriction and free of charge, and nothing contained in this policy shall limit or otherwise affect this.
Applicable Law and Venue
Regardless of where you live, work or access this Site, this policy and disclaimer agreement, or any information on this Site, and your relationship with us will be governed by the laws of the State of New York. By using this Site, you consent to the exclusive jurisdiction of courts in the State of New York, New York County in any matter related to the use or contents of this Site.
Contacting the Website