RIGHTS

 

 

TERMS OF USE


1. INTRODUCTION

Welcome to www.elliotoffner.com (the “Site”), which is owned and operated by the Estate of Rosemary O’Connell Offner (the “Estate” or “we”). The Estate provides the Site and the information and services offered on the Site to you, subject to the following Terms of Use (the “Terms”). The Site is available only for your personal, non-commercial use.  By using the Site, you agree to be bound by the Terms. The Estate may, in its sole discretion, modify the Terms without notice to you. The “Last Modified” date at the top of the Agreement will indicate when the latest modifications were made.  Therefore, please continue to review the Terms when using the Site. By continuing to access and use the Site after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features or participating in promotions on the Site, you will be subject to any posted guidelines or rules applicable to such services, features and/or promotions that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

2. DESCRIPTION OF SERVICE

The Site provides information about Elliot Melville Offner.  The Site and the information, features and services available on the Site may be referred to herein collectively as the “Service”.  Unless explicitly stated otherwise, any new features or services that augment or enhance the Service in the future will be considered part of the Service and subject to the Terms. Certain features of the Service may also be subject to specific terms and conditions posted on the Site.  All such terms and conditions are incorporated by reference into these Terms.

3. INFORMATION YOU PROVIDE TO US

You may be required to provide certain information to us in order to take advantage of certain features offered on the Site. If you choose to provide information on the Site, you agree to provide true, accurate, current and complete information about yourself as prompted by the Site. Any personal and other information you provide to the Estate is subject to our Privacy Policy.

4. THIRD PARTY WEBSITES

The Service may provide links to websites or resources outside of the Site.  Because the Estate has no control over external sites and resources, you acknowledge and agree that the Estate is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such sites or resources.

Your correspondence or business dealings with, or participation in promotions of,
any websites that you find or link to through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such websites. You agree that the Estate will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of links to such websites on the Service.

5. SUBMISSIONS

If you submit any questions, comments, suggestions, information, ideas, concepts, graphics or other materials to the Estate, whether oral, written or electronic (collectively, “submissions”), no confidential or other relationship will be established between you and the Estate. Your submissions will be considered non-confidential and will be considered the sole and exclusive property of the Estate. The Estate will have the right to publish, reproduce, modify, adapt, distribute, transmit to others and otherwise use any submissions for any purpose whatsoever, in any media, throughout the world and in perpetuity, and without any compensation, attribution or other obligation to you.

6. MODIFICATIONS TO SERVICE; TERMINATION

The Estate reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Estate will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Estate reserves the right, at its sole discretion, immediately and without notice to suspend or terminate the Terms and/or your ability to access the Site, for any reason including any breach by you of the Terms or conduct by you that the Estate determines to be inappropriate.

7. SITE USAGE
You agree that you will not access this Site by any means except through the interface provided by The Estate for access to the Site. Creating or maintaining any link from another website to any page on this Site without the prior written authorization of The Estate is prohibited.  Running or displaying this Site or any information or material displayed on this Site in frames or through similar means on another website without the prior written authorization of The Estate is prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations. 

8. THE ESTATE’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service (the “Software”) contain proprietary and/or confidential information, content and other materials that are protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents). Except as expressly authorized by the Estate, you agree not to display, publish, reproduce, transmit, distribute, post, modify, adapt, rent, lease, sell or otherwise use the Software, the Service or any content contained thereon, in whole or in part without our prior permission. However, you may download content for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or pertaining to such content and provided that you keep intact any author attribution, copyright or trademark notice in any such content that you download. You may not use such downloaded content for any commercial purpose. Modification of the content or use of the content for any other purpose is a violation of the Estate’s copyright and other proprietary rights.

You agree that you will not challenge the ownership rights of the Estate in or
to any and all copyright trademarks, logos, service marks and/or domain names of the Estate (the “Estate Marks”), and that you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of the Estate Marks. The Estate will enforce its intellectual property rights to the fullest extent of the law.

9. JURISDICTIONAL ISSUES

The information and other content contained on the Site are intended for use only by persons in the United States. The Estate makes no representations that the information and other content contained on the Site are appropriate for users in countries other than the United States. Those who choose to access the Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing herein should be considered a solicitation, promotion or indication for any product that is not permitted by the laws or regulations of the country where the user of the Site resides.

 

10. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

a. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SERVICE OR THE INFORMATION OR OTHER CONTENT OFFERED ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  THE ESTATE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT ON OR ACCESSIBLE THROUGH THE SERVICE. ANY DOWNLOADING, RELIANCE ON OR USE OF SUCH CONTENT WILL BE AT YOUR SOLE RISK. THE ESTATE MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE AVAILABLE ON A TIMELY BASIS OR WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

b. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ESTATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF THE ESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11.  INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Estate and its officers, directors, employees and other representatives against all claims, demands, causes of action, losses, expenses, damages and costs, including  any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your membership profile by you or any other person, any material that you submit to, post on or transmit through the Site, your breach of this Agreement, your infringement or violation of any rights of another, or termination of your access to the Site.

12.  NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.

13. GENERAL INFORMATION

The Terms constitute the entire agreement between you and the Estate and govern your use of the Service, superseding any prior agreements between you and the Estate. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and the Estate will be governed by the laws of the United States and the State of California without regard to choice of law principles. You and the Estate agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of California. The failure of the Estate to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect.

14. CONTACTING US

If you have any questions or comments about the Terms, or if you would like to
report any violations of the Terms, please contact us at info@elliotoffner.com.

© 2012 The Estate of Rosemary O’Connell Offner.  All rights reserved.

 

 

Privacy Policy
(Last Modified: August 23, 2012)

The Estate of Rosemary O’Connell Offner (the “Estate” or “we”) owns and operates the website located at www.elliotoffner.com (the “Site”). The Estate has created this Privacy Policy to let you know what information we may collect from you on the Site and how we may use that information. Please take a moment to review the terms of our Privacy Policy. By using the Site, you agree to accept the terms of our Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. This Privacy Policy applies only to information collected on the Site. It does not apply to information that we may collect by means other than on the Site.  Contributions are tax deductible, subject to the contribution limits applicable to private Estates.

PERSONAL INFORMATION

Collection and Use

Personal Information means any information that may be used to identify an individual, including, but not limited to, first and last name, home or other physical address, telephone number, e-mail address, and credit card information. 
You are not required to provide any personal information in order to access the Site and the information available on the Site. However, in order to take advantage of certain features offered on the Site, you may need to provide personal information such as your name, e-mail address, mailing address and phone number. For example, in the event that the Estate offers an e-newsletter, we may collect certain personal information if you choose to join our enewsletter list. We may also collect certain personal information if you sign-up for special offers or send us questions or comments via e-mail.

If you provide us with personal information, we will retain and use that information both for the purpose for which it was submitted, such as e-mailing e-newsletters to you or responding to a question that you submit to us, and for our own marketing and other purposes. If you provide a resume to us through the Site, we may retain your resume in our files in order to contact you for current or future job openings. We may also use personal information to customize the services we provide to you and to ensure compliance with the Estate’s policies and applicable law.

Since features exist on the Site that enable or will enable you to make donations using your credit card, the financial information collected by the Site during these transactions is used solely by the Estate. We do not share this information with outside parties except for the purpose of finalizing the transaction. We do not use this information for any other purpose whatsoever. We are further committed to protecting the security of your financial information, and have in place various security measures to safeguard this information from unauthorized transmittal or disclosure, as discussed in detail below.

Disclosure of Personal Information

Except for the limited situations discussed in this Privacy Policy, we will not share your personal information with any third parties. We may sometimes use other businesses to perform certain services for us, such as sending postal mail and providing data analysis. We may provide personal information to those businesses when that information is necessary for them to respond to your requests or otherwise perform their duties.

The Estate reserves the right to disclose visitor information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Estate’s rights or property, other visitors, or anyone else that could be harmed by such activities. The Estate also reserves the right to disclose visitor information when we believe in good faith that the law requires it.

AGGREGATE INFORMATION

From time to time, we may collect general, non-personal, statistical information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they “click” on. We collect this information through the use of technologies such as “cookies” and “IP addresses”, which are discussed in greater detail below. We collect this information in order to determine which areas of the Site are most popular and to enhance the Site for visitors. We may also group this information into aggregate
visitor data in order to describe the use of the Site to our existing or potential business partners or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you or any other visitors to the Site.

IP Addresses

An IP address is a number that’s automatically assigned to your computer whenever you’re surfing the web. Web servers, the big computers that “serve up” web pages, automatically identify your computer by its IP address. The Estate collects IP addresses for purposes of system administration, to report aggregate information to third parties and to track the use of the Site. When visitors request pages from the Site, our servers log the visitors’ IP addresses. It is not our practice to link IP addresses to anything personally identifiable, which means that a visitor’s session will be logged, but the visitor remains anonymous to us. However, we reserve the right to use IP addresses to identify a visitor only when we feel it is necessary to enforce compliance with the Site’s policies or to protect the Estate, the Site, its visitors, or others.

Cookies

Cookies are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies make web-surfing easier for you by saving your preferences while you’re at the Site. The use of cookies is an industry standard -- you’ll find them at most websites. By showing how and when visitors use the Site, cookies help us see which areas are popular and which are not. Information such as the total number of visitors and pages viewed is most easily tracked with cookies. We may use the information from cookies to make improvements and updates to the Site and to tailor our services to our visitors’ needs.

You always have the option of disabling cookies using your browser preferences. Most browsers are initially set up to accept cookies. You can reset your browser to refuse all cookies or indicate when a cookie is being sent. However, please be aware that some features of the Site may not function properly or may be slower if you refuse cookies.

LINKS TO OTHER SITES

Please be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There may be links to other sites from the Site’s pages that take you outside our Site. These other sites may send their own cookies to visitors, collect data or solicit personal information. The privacy policies of these other sites may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of these other sites and cannot guarantee the security of any of your personal information collected there.

OPT-OUT

If you do not want to receive promotional e-mails from the Estate, please follow one of the two options below:
1. You must opt-out of receiving promotional e-mails. When providing your personal information, simply change the answer to “No” when asked whether you would like to receive e-mails from the Estate.
2. When you receive an e-mail from the Estate, it will contain a link that allows you to stop the delivery of e-mail messages from us. If you decide to use this opt-out link, you will no longer receive newsletters or promotional e-mails; however, you will continue to receive non-promotional e-mails from us, such as order confirmations.

SECURITY

Protecting the security of your personal information is very important to us. When you transmit personal information from your PC to our servers, your information is protected by both a “firewall” (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network) and industry standard SSL (secure socket layer) encryption. (Please confirm.)  Once we receive your transmission, we will take reasonable precautions to ensure its security on our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while the Estate strives to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information.

PRIVACY POLICY FOR CHILDREN

We do not knowingly collect information from children under the age of 13 on the Site and this site is directed to adults. If you are under the age of 13, please do not provide any personal information to us. If we become aware that we have collected personal information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

CHANGES TO THESE TERMS

The terms of this Privacy Policy may change from time to time. We will notify you of any material changes to this Privacy Policy by posting a notice, on the homepage of the Site for a reasonable period of time after such changes are made, that this Privacy Policy has been updated, and by changing the “Last Modified” date at the top of this Privacy Policy. We encourage you to check this page periodically for any changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.

MISCELLANEOUS

This Privacy Policy and the privacy practices of The Estate will be subject exclusively to the laws of the State of California within the United States. The Estate makes no representation that this Privacy Policy and our practices comply with the laws of any other country or jurisdiction. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If you reside outside of the United States, by using our Site, you consent to the transfer, processing and use of your information outside your country.


QUESTIONS

Any questions that you may have regarding this Privacy Policy should be directed to
info@elliotoffner.com

© 2012 The Estate of Rosemary O’Connell Offer.  All rights reserved.