Terms and Conditions
- An Overview of the Sources of Personal Data
- Data We Collect Information We Collect about You
- Information You Provide
- Use of Data
- How We Share Data
- Third-Party Service Providers
- Data Security
- Your Choices, Access, and Rights to Your Personal Data
- Data Retention
- Data Transfer to Other Countries
- Links to Third Party Sites
- Children’s Privacy
- How to Contact Us
- Applicable Law
Last Updated: July 23, 2019
Moreover, our commitment to customers and service providers is governed by a separate Data Processing Amendment.
1. An Overview of the Sources of Personal Data
We obtain information about individuals in these main ways:
- When you visit our Sites or contact us directly about becoming a customer or obtain other information.
- When you become a customer.
- When individuals use a help desk function, and
- When you are a service provider to us.
2. Data We Collect
When you use the Site, we collect and process the following types of information:
a. Information We Collect about You
We collect information about your use of our Services, including, but not limited to, your Internet connections, computer equipment, web browsers, sites visited before using or accessing our Sites, sites visited after leaving our Sites, and other similar information about traffic and usage, as you navigate to, through, and away from our Sites. This is called “Non-Personal Data” because it does not identify you, but provides insights to us regarding your use of the Services.
Web Beacons are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, and to monitor how many visitors view our Services. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages or in an e-mail.
Log Data refers to certain information about how a user (including both account holders and non-Account holders) uses our Services. Log Data may include information such as a user’s Internet Protocol address, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a user clicked on, and other statistics.
If you would like to opt-out of our collection of Subscriber Data, you may decline to provide Subscriber Data to us when we ask for it, though doing so may prevent us from being able to deliver our free coaching to you.
Subscribers may voluntarily provide us with information they have made available on social media websites. If you provide us with any such information, we may collect publicly available information from the social media websites you have indicated. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.
b. Information You Provide
When you register to use our Services, set up an account, respond to communications from us (e.g., surveys, requests for feedback), contact us via phone, e-mail, or postal mail, and so on, we will collect certain types of Personal Data that you provide to us. “Personal Data” is information that can be used to identify you, either alone or in combination with other information.
When you create a user account with our Site, you may be asked to provide, and we will collect, certain types of Personal Data, which may include your first and last names, e-mail address, zip code, birth month and year, credit card number, and a profile picture. You will also be asked to generate a password as part of your login credentials.
3. Use of Data
For Legitimate Interests. We do not sell or rent Data to any third parties. We use information collected by clickstream data collection, web pixels, and cookies to store your preferences, improve website navigation, make personalized features and other services available to you, to generate statistical information, monitor and analyze user traffic and usage patterns, monitor and prevent fraud, investigate complaints and potential violations of our policies, to improve the our content and the products, services, materials, and other content that we describe or make available through our Sites, and otherwise help administer and improve the Services.
We may identify you from your Personal Data and merge or co-mingle Personal Data and Non-Personal Data, for any lawful business purpose. Where you provide registration information, cookies can also be used to identify you when you log onto the Services or portions of the Services. Except as otherwise stated, we may use information we collect from you for the legitimate business purpose of providing our Services to you, including, but not limited to:
- to respond to your requests and provide user support;
- to evaluate and improve the content of our Services;
- to customize the Services to your preferences;
- to establish accounts to use the Services;
- to communicate information and promotional materials to you (where you have not expressed a preference otherwise);
- to check on your account status and maintain record of activities in connection with your use of the Site;
- to notify you of any changes to relevant agreements or policies;
- for research analysis;
- to respond to your questions or comments;
- to send you a welcome e-mail after you create an account, when you sign up for our e-mail list, or when you download a content upgrade or webinar.
- to send you information regarding our newsletter.
- to enforce our agreements, terms, conditions, and policies;
- to prevent or investigate fraud (or for risk management purposes), or to comply with a legal obligation, court order, or in order to exercise our legal claims or to defend against legal claims;
- to conduct aggregate analysis and develop business intelligence that helps us to enhance, operate, protect, make informed decisions and report on the performances of our Services;
- to describe our Services to current and prospective business partners and to other third parties for other lawful purposes; and
- for other purposes identified to you and as requested by you (please note that you have the right to withdraw your consent to such use at any time by contacting us via the contact information below).
With the Consent of a Data Subject within the EEA; or without consent, if a citizen of any other jurisdiction. If you are a Data Subject within the EEA and we have obtained your consent, we may also use your information in the following ways; and, if you are a citizen of any other jurisdiction, you acknowledge that we may use your information in the following ways:
- to send e-mail and postal mail to provide you with updates and news;
- to process any request you make;
- to process any commercial transaction, including, but not limited to, fulfilling an order request; and
- to process your Personal Data as described throughout this Policy.
- to establish your account to use the Services;
- to validate your e-mail, password, and/or other login credentials;
- to respond to your requests;
- to provide you with products you have requested;
- to fulfill your purchase order(s);
- to send you e-mail and postal mail supplying you with the most recent service information or to send you information about your order (e.g., order confirmations, shipment notifications, etc.);
- to notify you of any changes to relevant agreements or policies; and
We may use third‐party e‐mail providers to deliver these communications to you. If you no longer want to receive these e-mail communications, you may opt-out of receiving e-mail communications, as further discussed below.
We may, from time to time, invite you to participate in online surveys. The information requested in these surveys may include, but is not limited to, your opinions, beliefs, insights, ideas, activities, experience, purchase history, and purchase intent regarding products, events, and our Services. The information collected by these surveys is used to research market trends, company growth, etc. Your input will help us to improve customer experience and shape development of our products and Services.
We may anonymize or aggregate Data that we collect from the use of the Services, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, market trends, and other analysis that we create based on the information we receive from you and other users. If you provide Personal Data through our Services, we may aggregate that Data with other active Data, unless we specify otherwise at the point of collection.
b. How We Share Data
We do not sell or rent Personal Data to marketers or unaffiliated third parties. We do have relationships with trusted third parties, but we will not share any Personal Data that we have collected from or regarding you except as described below:
- Service providers that help us administer and provide the Services (for example, a web hosting company whose services we use to host our platform). These third-party services providers have access to your Personal Data only for the purpose of performing services on our behalf. We have entered into contractual relationships with these service providers and require them to comply with all applicable data privacy laws and regulations and to use the Data only for the purposes for which it was disclosed. [We require that any third-party service providers limit their use of your Data solely to providing services to us and that they maintain the confidentiality, security, and integrity of your Data and not make unauthorized use or disclosure of the Data];
- As we believe necessary: (i) under applicable law; (ii) to enforce applicable terms and conditions; (iii) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; (iv) to detect, prevent, or otherwise address fraud, security or technical issues; (v) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; and (vi) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include authorities outside your country of residence;
- Pursuant to your explicit approval prior to the disclosure; and
- We may share aggregated, de-identified Data with our sponsors and business partners to let them know how many users viewed and interacted with their materials. This information does not identify any individual or corporate entity.
- We may disclose your information (including personal information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process.
- We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
- We may be required to disclose an individual’s personal information in cases of onward transfer to third parties of data of EU or Swiss individuals received pursuant to the EU-U.S. or Swiss-U.S. Privacy Shield.
4. Third-Party Service Providers
We receive some information from Third-Party Service Providers (“Third Parties”) when you contact us.. We also occasionally collect information that is made publicly available on social media websites. You can control how much of your information social media websites make public by visiting these websites and changing your privacy settings.
Moreover, we use Third Parties to help us operate our Services, who may collect, store, and/or process the information detailed herein. We allow access to our database by third parties that provide us with services, such as technical maintenance, market research, customer relations management, and purchase functionality, but only for the purpose of and to the extent necessary to provide those services.
If you choose to complete a subscription transaction on or through features on the Services, we may forward your information to third parties for services such as credit card or other payment processing, order fulfillment, credit pre-authorization, and address verification. There are also times when you provide information about yourself to us in areas of the Services that may be managed or participated in by third parties. In such cases, the information may be used by us and by such third party(ies), each pursuant to its own policies. We may also provide your information to our advertisers so that they can serve ads to you that meet your needs or match your interests.
For more information about third-party advertisers and how to prevent them from using your information, visit the NAI’s consumer website here or here. If you do want to opt out using these tools, you need to opt out separately for each of your devices and for each web browser (such as Internet Explorer, Firefox, or Safari) that you use on each device.
5. Data Security
We take reasonable steps online and offline to safeguard the Personal Data that you provide to us, including Secure Sockets Layer (SSL) encrypted connections (HTTPS) to the website(s) on our Services, secure multi-tiered firewalls, and portions of your data may also be encrypted on our storage server for additional security, secure cloud-based environments and uses server authentication and industry-standard firewalls in an effort to prevent interference or access from outside intruders. We also require unique account identifiers, user names, and passwords that must be entered each time users access the App, or use of secure password credentials to an authorized third party portal.
Nonetheless, it is common knowledge that transmission of information via the Internet is not wholly secure, and we cannot guarantee the security of your Personal Data, or any other information, transmitted to or through any of our Services. Any transmission of Personal Data, or other information, is at your own risk. By using our Services, you acknowledge and accept these risks. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. It is your responsibility to safeguard any passwords, ID numbers, or other special access features associated with your use of the Services. Any transmission of information is at your own risk. By using our Services, you acknowledge and accept these risks.
Moreover, we only work with credit card processors who maintain ongoing PCI compliance, adhering to stringent industry standards for storing, processing and transmitting credit card information online.
If you have any questions about security on our Services, if you become aware of any unauthorized use of an account, loss of your account credentials, or if you suspect a security breach, notify us immediately via e-mail at [email protected]. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.
6. Your Choices, Access, and Rights to Your Personal Data
You may change, edit, update, or delete the information you provided, when you set up your account through our Services, through your account settings. You may also request the deletion of this information by sending an e-mail to [email protected].
If you reside in certain jurisdictions, such as the EEA, you may also have the following rights and options with regard to accessing, reviewing, correcting, and updating your Personal Data, as well as how we use and disclose your Personal Data:
Right to Access. We respect your right to access and control your information and we will respond to requests for information and, where applicable, will correct, amend, or delete your Personal Data.
- How to Access Your Personally Identifiable Information. You may choose to access or update your Personal Data as it exists in our records by logging into the account you have created.
- Access to Personal Data. You may choose to access your Personal Data by contacting us and requesting access, a process which shall include our identity verification procedures. Before providing data to you, we will ask for proof of identity and sufficient information about your interaction with us so that we can locate any relevant data. We may also charge you a fee for providing you with a copy of your data (except where this is not permissible under local law).
Updating Communications Preferences (Opt-Out Policy). We do send e-mails to users with information about our Services that we believe may be of interest. Users may opt out of receiving e-mail messages by contacting us via e-mail at [email protected] or by clicking on the “unsubscribe” link found at the bottom of every e-mail that we send. Please note that if you opt-out of receiving marketing-related e-mails from us, we may still send you important administrative messages that are required to provide you with our Services, as applicable. If you do not opt-out using the link at the bottom of an e-mail, you will continue to receive electronic communications until you choose to click on the link that will be provided in each e-mail you receive from us.
Right to Rectify — Correction and Deletion. Citizens of some jurisdictions, including the EEA, have the right to correct or amend their Personal Data if it is inaccurate or requires updating. You may also have the right to request deletion of your Personal Data; however, this is not always possible due to legal requirements and other obligations and factors. Remember that you can update your account information by contacting us at [email protected].
Right to Erasure / Be Forgotten. Data Subjects of the EEA may have the right to request that we delete your Personal Data in certain circumstances, such as if holding the Personal Data is no longer necessary or as part of your Right to Object (below).
Right to Object. Data Subjects of the EEA may have the right to object to the use of Personal Data for direct marketing uses, scientific uses, or historical research. If you do not wish to have your Personal Data shared with third parties, contact our Data Protection Officer as described at the end of this document. If you do not wish to receive future commercial messages from us, simply follow the unsubscribe instructions contained within the message you receive. (But note that you may continue to receive certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile).
Right to Restrict Processing. Citizens of some jurisdictions, including the EEA, have the right to request that we stop processing their Personal Data.
Right to Data Portability. Data Subjects of the EEA have the right to request that we provide your Personal Data for the purpose of sharing it with another service provider (through a secure process).
Filing a Complaint. If you are not satisfied with how we manage your Personal Data, you have the right to make a complaint to a data protection regulator. A list of National Data Protection Authorities can be found here.
7. Data Retention
For more information on our retention of user Data, please see our Data Amendment Policy.
At any time, users may request deletion of their accounts by e-mailing [email protected]. When you delete your account, it cannot be recovered.
Please note that we do retain Non-Personal Data, including aggregated, de-identified data for the purposes described in the section above titled “How We Use Data.”
8. Data Transfer to Other Countries
Our Companies are incorporated in the United States. Information collected via our Sites, through direct interactions with you, or from use of our products may be transferred from time to time to our offices or personnel, or to third parties, located through the world, and may be viewed and hosted anywhere in the world, including countries that may not have laws of general applicability regulating the use and transfer of such data. To the fullest extent allowed by applicable law, by using any of the above, you voluntarily consent to the trans-border transfer and hosting of such information.
9. Links to Third Party Sites
10. Children’s Privacy
We do not sell products or services for purchase by anyone under the age of thirteen (13). In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we will never knowingly request or solicit Personal Data from anyone under the age of thirteen (13) without verifiable parental consent. In the event that we receive actual knowledge that we have collected such Personal Data without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practical. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Service(s).
Moreover, Our products are not designed for or directed to children under the age of 18. We do not collect personal information from any person we actually know is under the age of 18.
12. How to Contact Us
By e-mail: [email protected]
By regular mail:
Attn: Privacy Agent
Bob Clements Intl., Inc.
PO Box 384
Liberty, MO 64069
Our representative in the European Union can be contacted by e-mail: [email protected]
Please be assured that any Personal Data that you provide in communications to us will not be used to send you promotional materials unless you so request.
13. Applicable Law
- Access and Use of This Website
- Registration and Security
- Limitations on Use
- Guest Posts
- Subscriptions and Payment
- Cancellation and Account Deletion
- Links to Third-Party Websites
- Affiliate Links
- Reliance on Information Posted
- Exiting Our Sites
- Conduct and Behavior
- Intellectual Property
- Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
- Disclaimer of Warranties
- Your Own Security
- Limitation of Liability
- Our Compliance with COPPA
- Governing Law and Venue
- Severability and Waiver
- Contact Us
- Entire Agreement 10
Last Updated: January 4, 2021
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Companies via our Sites, by e-mail or telephone, by mail, or otherwise disclosed, submitted, or offered in connection with your use of our Sites (collectively, “User Submissions”) you grant the Companies a royalty-free, irrevocable, transferable right and license to use the User Submissions however the Companies desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium, or technology throughout the world.
The Companies will be entitled to use, reproduce, disclose, modify, adapt, create derivate works from, publish, display, and distribute any User Submissions you submit for any purpose whatsoever, without restriction and without compensating you. The Companies are and shall be under no obligation (1) to maintain any User submissions in confidence; (2) to pay to user any compensation for any User Submissions; or (3) to respond to any User Submissions. You agree that any User Submissions submitted by you to the Companies will not violate the terms of any rights of any third party, including without limitation, copyright, trademark, privacy, or other personal proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Submissions submitted by you to the Companies will be libelous or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
1. Access and Use of This Website
Access to certain portions of our Sites is restricted to registered Users. You might be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Data”). By providing such information, you acknowledge and agree that We may, and You specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
a. Registration and Security.
You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, Your password has been lost or stolen, someone has attempted to use the services or Sites through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the services or access any of the Sites on any public computer. We also recommend that you do not store your password through your web browser or other software.
b. Limitations on Use.
These Sites may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Sites and a Sites’ content. With the exception of guest posts written by others (see Guest Posts below), we own the content on all of our Sites. It is copyrighted in Bob Clements Intl., Inc.’s name. We want to strike the appropriate balance between getting our content widely distributed while at the same time protecting Bob Clements Intl., Inc.’s intellectual property rights.
Without our permission, you are free to do the following while using or accessing our Sites:
- Link to our Sites or any specific post on our Sites.
- Extract and re-post fewer than 200 words on any other website, provided you link back to our original post.
- Print off our posts and photocopy up to 50 copies for internal distribution within your own company or organization.
- Print our posts in any non-commercial publication (e.g., company newsletter, church newsletter, class syllabus, etc.), provided you include this copyright notice: ‘© 2021 Bob Clements Intl., Inc. All rights reserved. Originally published at https://bobclementspro.wpengine.com.
You must have our express written consent to do any of the following:
- Use this content for commercial purposes, including selling or licensing printed or digital versions of our content.
- Alter, transform, or build upon this work.
- Re-posting and Translation Rights (We do not permit the re-posting of our posts in their entirety. In addition, we don’t allow the translation and publication of Bob Clements Intl., Inc.’s work in other languages, as we don’t have the resources to validate the quality of work.)
c. Guest Posts
- Guest bloggers retain the copyright to the posts they write. The above permission guidelines do not apply to their work. If you are interested in re-posting or publishing their content, you must contact them directly. We do not serve as their broker, agent, or contact point.If you have some use of our content not covered here, please email us at [email protected].
d. Subscriptions and Payment
When you create an Account on this Site, the term of your initial subscription shall be monthly, or in some cases, annually, to commence on the date that you sign up. You sign up electronically by creating an Account (“Subscription”). Each User must pay for a Subscription in U.S. Dollars. Subscribers are typically, but not always, billed monthly on or about the first day of each month, with payment due no later than ten (10) days past the invoice date. Payments are processed electronically, and all efforts will be made to provide a paid receipt to the subscriber. Users are entirely responsible for the payment of all taxes. Monthly fees and renewal fees will be billed at the rate agreed to when payment is made.
e. Cancellation and Account Deletion
You may cancel your Subscription at any time by emailing us at [email protected]. At cancellation, your Account will be inactivated and you will no longer be able to log into Your Account.
f. Links to Third-Party Websites
This Site may contain links to other websites on the Internet, and which are not maintained by us. When you leave this Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
g. Affiliate Links
From time to time, our Sites may include featured product giveaways. Should we receive compensation as a result of giving away any such product, that fact will be disclosed.
In connection with the operation of our Sites, we feature on our Sites affiliate links, including links to Amazon.com and other websites (Affiliate Links). We earn a commission from the Affiliate Links, which commission is based on the number of sales made as a result of users of our Sites clicking over the Affiliate Link and purchasing from the Affiliate Link a product and/or service.
While we may suggest information for the reader’s convenience and consideration, we do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, nor do we make any other representation about any affiliate link or its content or any products, services, or other offerings made in any affiliate link. We make no representation or warranty as to any products or services offered on any affiliate link, and we assume no responsibility or liability for the actions, products, services, and/or content of any affiliate link.
h. Reliance on Information Posted
We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other User of our Sites, or by anyone who may be informed of any of our Sites’ contents.
i. Exiting Our Sites
You agree to sign out of your Account, each time you prepare to leave our Sites.
2. Conduct and Behavior
You are solely responsible for all of your activity while using the Site.
- As a condition of use of the Site, you represent and warrant that you shall not use our Sites for any purpose that is unlawful, illegal, or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, rules, or regulations (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries and all applicable state privacy laws).
- You also agree that you will not attempt to re-sell, rent, lease, charge, distribute, transfer, or share any of the rights that you receive hereunder.
- You will not use, choose, or select the username of another party with the intent to impersonate that party, to otherwise deceive us or any party, or to otherwise engage in fraudulent behavior.
- You will not use, choose, or otherwise select the username that is subject to the rights of another party, without that party’s express authorization.
- You will not use, choose, or otherwise select a username containing any terms, which would be vulgar, obscene, lewd, or otherwise offensive in nature.
You agree to maintain a positive sense of decorum in all of your interactions with other Users on our Sites. You agree to maintain a courteous and professional rapport with other Users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of this Site.
3. Intellectual Property
Our Sites, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) (with the exception of Guests Posts as described above) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, Bob Clements Intl., Inc, owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within Our Site database(s), as part of our Sites. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of our Sites content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission, except for the limited permitted use as outlined above.
Users may not violate the intellectual property rights of others, including but not limited to, using our Sites to infringe upon the copyright, trademark, trade secret, or patent rights of any other party, including Guest Posts. If any party alleges intellectual property right infringement against a user of our Sites, we reserve the right to terminate or suspend any allegedly infringing Account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable federal or state intellectual property laws. If you believe that a user of this Site is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO Bob Clements Intl., Inc., IMMEDIATELY, in accordance with our DMCA Policy.
4. Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
- Your Responsibility. When You post or otherwise submit information to our Sites, You represent and warrant that You have ownership, authority, or permission to post the information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE THE SOLE OWNER OF SUCH INFORMATION. You agree that You will not post any information to our Sites, in any format, including but not limited to text, image, video, or audio, that You do not own.
- YOU HEREBY REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD, PLACE, POST, OR OTHERWISE PUT ANY INFORMATION, INCLUDING BUT NOT LIMITED TO, ANY TEXT, DOCUMENT, IMAGE, VIDEO, OR CONTENT ONTO OUR SITES (“User-Submitted Content”) THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will indemnify, defend, and hold harmless Bob Clements Intl., Inc., from and against any and all third-party demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting from any violation or alleged violation regarding Your User-Submitted Content and a third party’s proprietary or intellectual property rights.
- User-Submitted Website Content and License of Intellectual Property Rights. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to copy, publish, display, reproduce, or otherwise use in any manner, all of the User-Submitted Content that you put into this Site.
Disclaimer of Warranties
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
BOB CLEMENTS INTL., INC., TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING OUR SITES OR INFORMATION FOUND ON OUR SITES. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN OR ON OUR SITES. WE DO NOT WARRANT THAT OUR SITES WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
6. Your Own Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
7. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE BOB CLEMENTS INTL., INC., TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF OUR SITES.
You acknowledge that you are responsible for any actions you take while on our Sites. You recognize that your use of our Sites and any subsequent actions arising from your use of our Sites are taken solely at your own risk.
IN NO EVENT WILL BOB CLEMENTS INTL., INC., OUR COMPANIES, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You will indemnify, defend, and hold harmless Bob Clements Intl., Inc., our companies, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
- your access to or use of our Sites, including but not limited to its services and its content;
- any activity related to your account by you or any other person accessing our Sites through your account, including, without limitation, negligent or wrongful conduct; or
- your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Our Compliance with COPPA
THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE in compliance with the Children’s Online Privacy Protection Act (“COPPA”).
Moreover, If you are under 18 years of age, you should not provide any personally identifiable information on our Sites without the knowledge and permission of your parent or guardian.
10. Governing Law and Venue
11. Severability and Waiver
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.
13. Contact Us
Attention: Website Inquiry
Bob Clements Intl., Inc.
PO Box 385
Liberty, MO 64069
14. Entire Agreement
General Data Protection Policy
Protecting Personal Data and the Rights of Data Subjects
Last Updated: January 4, 2021
This site, Bobclements.com (“Site”), is owned and operated by Bob Clements Intl., Inc. (together “Companies,” “we,” “us,” or “our”). This General Data Protection Policy (“GDPR”) is applicable to you (“User,” “you,” or “your”). The terms contained herein apply to all Users of our Sites.
We will only share your personal data with third parties in the circumstances set out below. We will always comply with the General Data Protection Regulation (“GDPR”) when dealing with Data Subjects’ personal data. Further details on GDPR can be found on the website of the Information Commissioner (www.ico.gov.uk).
We reserve the right to amend this policy from time to time without prior notice.
Overview of Data Protection:
GDPR requires that Bob Clements Intl., Inc., acting either as a data controller (meaning an individual or organization which, alone or jointly with others, determines the purposes and means of the processing of personal data) or as a data processor (meaning an individual or organization which processes personal data on behalf of the data controller), process data in accordance with certain principles of data protection:
- Personal data must be processed lawfully, fairly, and in a transparent manner;
- Personal data must be collected for specified and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
- The personal data collected must be adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;
- The personal data collected must be accurate and kept up-to-date; every reasonable step must be taken to ensure that personal data that is inaccurate, bearing in mind the purpose(s) for which it is processed, is erased or rectified without delay;
- The personal data collected must be kept for no longer than is necessary for the purpose(s) for which the personal data is processed;
- The personal data collected must be processed with appropriate security measures, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organizational measures; and that
- The data controller shall be responsible for, and be able to demonstrate, compliance with these principles.
Data Protection Officer:
For the purposes of the GDPR, our Data Protection Officer (the “DPO”) can be reached at [email protected]. The DPO is responsible for making sure that Bob Clements Intl., Inc. complies with the GDPR requirements for handling the personal data of Data Subjects. We will regularly review all our holdings of personal data to establish our compliance.
Data Subject Rights:
Data Subjects have rights under the GDPR, including:
- The right to request access to all personal data relating to you that is processed by us in a structured, commonly-used, and machine-readable format. However, we reserve the right to charge an administrative fee for multiple subsequent requests for access that are clearly submitted for the purpose of causing us nuisance or harm.
- The right to ask that any personal data relating to you that is inaccurate is corrected free of charge. If you submit a request for correction, such request must be accompanied by proof of the accuracy of the correction you are seeking.
- The right to withdraw previously-granted consent for the processing of your personal data. You have the right to oppose the processing of personal data if you are able to prove that there are serious and justified reasons connected with the particular circumstances that warrant such opposition. However, if the intended processing qualifies as direct marketing, you have the right to oppose such processing free of charge and without justification.
- The right to request that personal data relating to you be deleted if it is no longer required in light of the purposes outlined in this policy or, where we rely on your consent as the legal basis for processing, when you withdraw your consent for processing. Please keep in mind that a request for deletion will be evaluated against our overriding interests or those of any other third party and any legal or regulatory obligations or administrative or judicial orders which may contradict such deletion. Instead of deletion, you can also ask that we limit the processing of your personal data if and when: (a) you contest the accuracy of the data, (b) the processing is illegitimate, or (c) the data is no longer needed for the purposes listed in this policy.
If you wish to submit a request to exercise one or more of the rights listed above, or to address any questions, comments, or requests about our data processing practices, you can send an e-mail to our DPO at [email protected]. An e-mail requesting to exercise a right shall not be construed as consent to the processing of your personal data beyond what is required for handling your request. Any request should be dated and clearly state which right you wish to exercise and the reasons for it, if such is required. The circumstances may mean we need to undertake verification of your identity before we action your request in order to protect your personal data to the relevant standard. We will promptly inform you of having received this request. If the request proves valid, we will action it as soon as reasonably possible and at the latest thirty (30) days after having received the request.
Lawful Reasons for Processing Personal Data:
Bob Clements Intl., Inc., will only process personal data where it has a legal basis for doing so.
Before transferring personal data to any third party, Bob Clements Intl., will establish that we have a legal reason for making the transfer. We will make a reasonable effort to ensure that your personal data is shared only with organizations that are GDPR compliant in those instances where we have your consent to sharing with third parties or are otherwise permitted by law to do so.
Protecting Personal Data and the Rights of Data Subjects:
- An overriding interest of Bob Clements Intl., Inc., your financial institution, the payment service provider, or another third party, in keeping your personal data identifiable; or
- A legal or regulatory obligation or a judicial or administrative order that prevents us from de-identifying.
You understand that an essential aspect of our marketing efforts involves making our marketing materials more relevant to you. This means that we collect personal data in order to provide you with communications, promotions, offerings, newsletters, and other advertisements about products and services that may interest you. We will take appropriate technical and organizational measures to keep your personal data safe from unauthorized access or theft, as well as accidental loss, tampering, or destruction. Access by our personnel or our third party processors will be on a need-to-know basis and will be subject to strict confidentiality obligations. You understand, however, that safety and security are best-efforts obligations which can never be guaranteed.
If you are registered to receive communications, promotions, offerings, newsletters, and other advertisements via e-mail or other person-to-person electronic communication channels, you can change your preferences for receiving such communications, promotions, offerings, newsletters and other advertisements by following the opt-out link provided in such communications or by emailing us at [email protected].
Your personal data will normally be kept for up to 3 years. It may be kept for a longer period for reasons such as legal action or required management. For more information on our retention of personal data, please see our [Data Retention Policy].
Reporting Personal Data Breaches:
All data breaches should be referred immediately to [email protected].
Where Bob Clements Intl., Inc. has identified a personal data breach resulting in a high risk to the rights and freedoms of any Data Subject, we shall alert all affected Data Subjects without undue delay. Bob Clements Intl., Inc. may not be required to tell Data Subjects about a personal data breach where:
- We have implemented appropriate technical and organizational protection measures to the personal data affected by the breach, in particular to make the personal data unintelligible to any person who is not authorized to access it, such as encryption.
- We have taken subsequent measures which ensure that the high risk to the rights and freedoms of the Data Subject is no longer likely to materialize.
- It would involve disproportionate effort to tell all affected Data Subjects. In this case, Bob Clements Intl., Inc. will make a public communication or similar measure to tell all affected Data Subjects.
If you have a complaint or suggestion about the handling of personal data, please contact our DPO, whose details are listed above.
Last Updated: January 4, 2021
This site, BobClements.com (“Site”), is owned and operated by Bob Clements Intl., Inc. (together “Companies,” “we,” “us,” or “our”). This Cookie Notification is intended to tell users (“User(s),” “you,” or “your”) about our Sites collection, use, and dissemination practices regarding information that you provide to us through our Sites or the services offered therein (collectively, the “Services”).
1. Cookies, Anonymous Identifiers, Web Beacons, and Other Internet Tracking Technology
We utilize Cookies, Anonymous Identifiers, Web Beacons, and other Internet tracking technology to collect information from your computer, mobile, or other device.
- A “Cookie” is a data file that is created and stored on your computer’s hard drive when you visit our Services. An “Anonymous Identifier” is a random string of characters that is used for similar reasons as Cookies.
- A “Web Beacon” is an object embedded into a web page or an e-mail that collects various data. A Web Beacon is known by several common terms, such as a web bug, tag, page tag, tracking bug, tracking pixel, pixel tag, web pixel, targeting pixel, re-targeting pixel, and clear gif. Web Beacons are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, and to monitor how many visitors view our Services. Unlike Cookies, which are stored on the device, Web Beacons are typically embedded invisibly on web pages or in e-mails. When used within e-mail, for example, a web beacon can track whether a User opens a message, clicks on a link within the e-mail, and similar actions. We also use other, similar Internet tracking technology to monitor a User’s actions coming to our Services, moving through our Services, and after leaving our Services.
- We use performance Cookies that allow us to track usage. This allows us to learn more about how users use the Services so that we make changes and improvements, as necessary.
- We use targeting Cookies that measure the effectiveness of our advertising campaigns and to track sites you’ve visited so that we can measure the effectiveness of our advertising campaigns.
3. Change Settings From Within Your Browser
The instructions for these vary from browser to browser and they may change from time to time as new versions are released.
4. List of cookies we use on our website:
We collect non-personal information through our Internet log files, which record data such as browser types, domain names, and other anonymous statistical data involving the use of our Sites and products. This information may be used to analyze trends, to administer our Sites and products, to monitor the use of our products and Sites, and to gather general demographic information. We may link this information to personal information for these and other purposes such as personalizing your experience on our Sites and evaluating our Sites and products in general.