TERMS OF USE / PRIVACY POLICY

This site is operated by Warkentin LLC (the "Firm"). The Firm is a Colorado limited liability corporation and makes this website (the “Site”), including all information, documents, communications, files, text, graphics, software, and products, available through the site (collectively, the “Materials”) and all services operated by the Firm and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions in this document, or any changes to this document that the Firm may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by these Terms of Use.

The Firm may share your personal information within the Firm, 1244 Corona St., Denver, CO 80218. Questions, comments and requests regarding this privacy policy are welcomed by emailing us or by mail at the above address.

The Firm reserves the right to change the Terms of Use and Privacy Policy and other guidelines or rules posted on the Site at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted, constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

INFORMATION WE MAY COLLECT FROM YOU

When you use the Site or contact us by email, social media, SMS, telephone, or other methods, we may collect and process the following data about you:

Information you give us, including:

  • Forms filled out by you on the Site;
  • Content of correspondence with us by phone, e-mail or otherwise;
  • Site registration;
  • Subscriptions or orders placed on the Site;
  • Participation in discussion boards or other social media functions on the Site;
  • Entering a competition, promotion or survey;
  • If applicable, resume, work history, CV, resume or other job application information;
  • Reporting a problem or requesting support for the Site.

The information you give us may include your name, address, email address and phone number, date of birth, payment information, personal description, photographs or images or comments.

With regard to each of your visits to our Site we may automatically collect the following information:

  • Information about your visit, including the full URL clickstream to, through and from our Site (including date and time);
  • Pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page.

We may also collect information our about your devices (including phones, computers or other devices) where you access and visit our Sites. Such information may include unique device identifiers and mobile network information (including phone number), IP address, language and time zone, operating system, hardware version, device locations (including specific geographic locations, such as through GPS, Bluetooth or WiFi signals).

INFORMATION WE COLLECT FROM OTHER SOURCES

We also work with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, social networks such as Facebook and Twitter, search information providers, credit reference agencies, third parties who enable sign on functionality and social network integration) and may receive information about you from them.

HOW YOUR INFORMATION MAY BE USED

We may use information held about you in the following ways:

  • To help us respond to your queries;
  • To send you advertising or marketing on the Firm's services and offers;
  • To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
  • To track the progress and number of entries in competitions and promotions.
  • To allow you to interact with our Site, for example by posting comments or to share information from our Site on third party social media platforms;
  • To carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
  • To manage your access to the services or notify you about changes to the services;
  • To comply with legal and regulatory requirements;
  • To administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • To improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
  • As part of our efforts to keep our Site safe and secure;

We may combine information we receive from other sources with information you give to us and information we collect about you (including information in relation to your devices). We may use this combined information for the purposes set out above.

DISCLOSURE OF YOUR INFORMATION

We may share your personal data with anyone working at the Firm and with select third-parties including:

  • Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you in order to provide you with a product or service;
  • Analytics and search engine providers that assist us in the improvement and optimization of the Site;
  • Third parties when you consent to or request such sharing.

We may disclose your personal data to third parties:

  • In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
  • If the Firm or substantially all of its assets are acquired by a third-party, in which case personal data held by it about its clients will be one of the transferred assets;
  • If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use or other agreements; or to protect the rights, property, or safety of the Firm, our clients, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction;
  • To any other third party where lawful.

Please be assured, we consider the attorney-client privilege sacrosanct, and will undertake every legal endeavor to protect both client identity and information. 

STORAGE AND TRANSFER OF DATA

All the information you provide may be processed and stored, transferred or accessed by entities around the world as described in this policy. We will take steps to ensure that your data is treated securely and in accordance with this Privacy Policy. We have put in place technical and organizational procedures designed to safeguard the information we collected on this Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk.

COOKIES

The Firm does not currently utilize cookies on the Site. Should that change, we will notify users via a posting on the Site in advance of doing so.

CHILDREN

This Site is not directed toward children (as defined by local law) nor does the Firm knowingly collect information from children (as defined by local law) without parental consent except where in compliance with applicable laws.

YOUR RIGHTS

You may be entitled, in accordance with applicable law, to object to or request the restriction of processing of your personal data, and to request access to, rectification, erasure, and portability of your own personal data by contacting us. We may require you to prove your identity with approved identification if you request this information.

You may also be entitled, in accordance with applicable law, to lodge a complaint with a supervisory authority if you consider that our processing of your personal data infringes applicable law.

You are responsible for keeping your information current and up-to-date. You may update your information by contacting us.

We will retain your information for as long as your account is active, as needed to provide you services, or as long as ethically or legally required by applicable law. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

If you wish to subscribe to our newsletter(s), we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or contacting us directly.

LINKS TO THIRD-PARTY WEBSITES

Our Site, our newsletters, and other communications may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own terms of use and privacy policies and that we do not accept any responsibility or liability for these policies.

USERS OF SITES IN THE EUROPEAN ECONOMIC AREA

This section of this Privacy Policy applies only if you use the Site from a country that is a Member State of the European Economic Area (EEA), and supplements the information in this Privacy Policy.

Legal Basis for Data Processing: We process personal data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process personal data includes processing that is: necessary for the performance of the contract between you and us (for example, to provide you with the services you request and to identify and authenticate you so you may use the Site); necessary to comply with legal requirements (for example, to comply with applicable accounting rules and to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the Site); and based on consent by our customers (for example, to communicate with you about our products and services and provide you with marketing information), which may subsequently be withdrawn at any time by contacting us without affecting the lawfulness of processing based on consent before its withdrawal.

In some instances, you may be required to provide us with personal data for processing as described above, in order for us to be able to provide you to use all the features of the Site.

Our sharing your personal data in accordance with this Privacy Policy, may involve transferring your data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it. 

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark or other intellectual property laws, and any unauthorized use of the Materials or Services on this Site may violate those laws and these Terms of Use. Except as expressly provided in this document, the Firm and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized in this document. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site or your use of it.

In addition to the Materials and Services offered by the Firm, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third-Party Services”). The Third-Party Services may be governed by separate license agreements that accompany such services. The Firm offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between the Third-Party Services and the Materials and Services offered by the Firm. You agree that you will not hold the Firm responsible or liable with respect to the Third-Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Firm’s Content and User Content available on this Site subject to the following conditions:

1.   The Firm’s Content and User Content may be used solely for personal, informational, and internal purposes.

2.   The Firm’s Content and User Content may not be modified or altered in any way.

3.   The Firm’s Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.

4. You may not remove any copyright or other proprietary notices contained in the Firm’s Content and User Content.

5.   The Firm reserves the right to revoke the authorization to view, download, and print the Firm’s Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from the Firm.

6.   The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the Firm’s Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TRADEMARK INFORMATION

The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of the Firm or other third-parties. You are not permitted to use the Marks without the prior written consent of the Firm or such third-party that may own the Marks.

LICENSE TO THE FIRM FOR USER CONTENT

Certain Services offered through this Site accommodate or require User Content. Depending upon the nature of the Service, by submitting User Content to this Site you grant the Firm one of the following types of licenses:

1.   For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant the Firm a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant the Firm the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.

2.   For User Content such as comments to the Firm on user forms, reports, or suggestion forms, you grant the Firm and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that the Firm is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of the Firm or others.

USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from the Firm; not to access or attempt to access any Project Content which you are not authorized to access; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

MANAGING CONTENT AND COMMUNICATIONS

The Firm reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. The Firm may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, the Firm will have no liability related to User Content.  

PERSONAL INFORMATION AND PRIVACY

Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of the Firm or others.

LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall the Firm, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not the Firm has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by the Firm from its office within the state of Colorado, United States of America. By accessing this Site, you and the Firm agree that all matters relating to your access to or use of this Site shall be governed by the laws of Colorado, without regard to any conflicts of laws principles. You and the Firm also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of Colorado with respect to such matters.

GENERAL

The Privacy Policy and Terms of Use, and the other rules, guidelines, licenses and disclaimers posted on the Site, constitute the entire agreement between the Firm and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Privacy Policies and Terms of Use, or a portion of them, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision. The remainder of the Privacy Policy and Terms of Use shall continue in full force and effect. Any failure by the Firm to enforce or exercise any provision of these Privacy Policies and Terms of Use or related right shall not constitute a waiver of that right or provision.