TERMS OF USE (TOU)

IMPORTANT

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE ART CART, LLC (“TAC” OR “WE” OR “US” OR “OUR”). THIS WEBSITE OR WEBSITES (referred to in the singular includes both websites) LOCATED AT  www.letscombatmicrographia.com and www.smilethroughart.com  IS OWNED AND OPERATED BY TAC. BEFORE ACCESSING OR USING ANY PART OF THE WEBSITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (THE “TOU”). YOUR ACCESS TO AND USE OF THE WEBSITE ARE SUBJECT TO THE TOU, AS WELL AS TO ALL APPLICABLE LAWS AND REGULATIONS, AND ALONG WITH ANY OTHER TERMS AND CONDITIONS AS MAY BE SET FORTH BY TAC.

TAC IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TOU. IF YOU DO NOT AGREE WITH THE TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE WEBSITE. YOUR ACCESS TO AND USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS TOU. THIS TOU MAY BE MODIFIED BY TAC FROM TIME TO TIME WITHOUT ADVANCE NOTICE BY POSTING HERE AND YOU WILL BE BOUND BY ANY SUCH MODIFIED TOU IF YOU CONTINUE TO USE THIS WEBSITE AFTER SUCH CHANGES ARE POSTED. THE DATE THIS TOU WAS LAST UPDATED IS STATED AT THE END OF THIS DOCUMENT. YOU ARE ENCOURAGED TO REVIEW THIS TOU PERIODICALLY FOR UPDATES AND CHANGES.

ABOUT TAC AND THIS WEBSITE

TAC is working to combat micrographia which is a symptom of Parkinson’s disease, and to help people live life to the fullest. This Website provides users with access to information and resources, works of authorship, and educational materials, blogs, videos, and other relevant content (collectively, the “Content”), as well as training services (collectively, the “Services”).

REGISTRATION; PERSONAL INFORMATION

You can visit the Website and access some of the Content, Services, features and functionality without being required to provide any personal information. However, access to certain Content, Services, features and functionality may require that you provide us with some personally identifying information about yourself, as more specifically detailed in our privacy policy, located here. If you opt to make a monthly, recurring donation, you will also have the option of storing credit card information in order to easily facilitate such future donations, as further described below.

AGE REQUIREMENTS

TAC’s Website is intended solely for users who are 13 years of age or older, and any registration by, use of or access to the Website by anyone under 13 is unauthorized. If you are under 13, you are only allowed to access this Website with your parent or guardian’s permission and supervision. If you are 13 or older but under the age of 18, you should review these TOU with your parent or guardian to make sure that your parent or guardian understands them, agrees to be bound by them and you should only use the Website with their permission and under their supervision. Additionally, you have to be 18 years of age or older if you want to conduct any type of financial transaction on the Website, and further provided that we reserve the right to limit certain other activities related to the work that we do – such as organizing an event – to those who are at least 18 years of age.

LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED

TAC hereby grants you a limited license to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TAC or as otherwise explicitly permitted. This license does not include any resale or commercial use of this Website, Services or the Content; any derivative use of this Website, Services or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of TAC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TAC without TAC’s express written consent. You may not use any meta-tags or any other “hidden text” utilizing any of TAC’s name(s) or service marks without the express written consent of their owners. We (or the respective third party owners of Content) retain all right, title, and interest in this Website and any Content on this Website, including any and all intellectual property rights. We (or the respective third party owners of Content) reserve all rights not expressly granted. Any unauthorized use terminates the permission or license granted by TAC.

INTELLECTUAL PROPERTY RIGHTS

Copyright
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of TAC or its third party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of TAC and is protected by U.S. and international copyright laws. You may download information from this Website and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from this Website, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of TAC or any applicable third party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by TAC. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. TAC does not warrant or represent that your use of Content, Products and Services or any other materials displayed on this Website will not infringe rights of third parties. If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at (203) 565-9647. please provide all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint.

Trademarks and Service Marks
Certain trademarks are the service marks and trademarks of TAC. The TAC name, logo, tagline, the domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of TAC. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of TAC.

PAYMENT TRANSACTIONS

Payments and Payments Processing; Rules for All Payments

This Website provides the ability to make an online payment. TAC has engaged the services of several third party providers (including Thinktific.com) and payment services providers (including Paypal) to process all payment transactions (which third parties are involved depend upon the transaction and the venue in which such transaction is made). These third party companies manage the routing of applicable customer information through the credit card and electronic check processing networks, as applicable. TAC is not affiliated with these companies, and we are not responsible in any way for the actions or performance (or lack thereof) of any such company. Accordingly, TAC expressly disclaims responsibility and liability for all services provided by such third parties, including those related to payment transactions, and you hereby agree that TAC shall not be responsible for any loss or damage of any sort incurred as a result of any such services.

You hereby acknowledge and agree that, for all payments, (1) you will not use an invalid or unauthorized credit or debit card or other payment method; (2) all payments are final and non-refundable. If you have any questions regarding any payment transaction, please contact us by email at smilethroughart@gmail.com or at letscombatmicrographia@gmail.com.

PROHIBITED USE

You acknowledge and agree that you shall not engage in any conduct, use or attempt to use this Website, (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Website. Nor shall you use or attempt to use this Website or Services to: (i) access systems, data or information not intended by TAC to be made accessible to a user or (ii) attempt to obtain any materials or information through any means not intentionally made available by TAC. In addition, in connection with your use of the Website, you agree you will not: a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; b) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; c) use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); d) violate any applicable local, state, national or international law; e) delete or revise any material posted by any other person or entity; f) manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage TACparkinson.org, in accordance with the limited license and site access outlined above; g) probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems; h) harvest or otherwise collect information about others, including e-mail addresses; or i) use any robot, spider, scraper, or other automated or manual means to access this Website, or copy any Content or information on this Website. TAC reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user’s access and/or account. TAC may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, TAC reserves the right at all times to disclose any information as TAC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TAC’s sole discretion.

MONITORING

TAC has the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violations of the Website policies or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials on the Website). TAC may also investigate, in its sole discretion, the use of any credit card by a user and take such action as we deem appropriate, including without limitation, contacting the individual using such card and/or deactivating a user’s account.

LINKS TO THIRD-PARTY WEBSITES/MATERIALS/CONTENT

This Website may contain hyperlinks to other sites including a variety of social media sites – all of which are owned and operated by parties other than TAC. We do not control the websites accessed from such hyperlinks and cannot be held responsible for the content or accuracy of anything on these sites, including any advertisements, products for sale, or services. Any such websites may set forth specific terms of use and privacy policies that you should review. TAC is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. TAC shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, articles, resources, advertisements, products, services or other materials available on or through any such website. TAC is not responsible for the privacy practices – or lack thereof – of any other websites. 

SERVICE PROVIDED IN UNITED STATES; COMPLIANCE WITH LAWS

This Website is hosted in the United States. If you are a non-U.S. user of the TAC Website, by visiting the Website you agree to comply with all applicable federal and state U.S. laws. Without limiting the generality of the foregoing, if you are a user, you agree to obtain and comply with all conditions of any registrations, permits, licenses, consents or permissions that you are required to hold in order to utilize the Website and any related services, and you shall immediately notify us if any such registration, permit, license, consent or permission is terminated or revoked.

We make no representations that the Website and any and all information contained therein, including the Services, information or Content are appropriate, available or legal in any particular location. This Website is not intended for access or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TAC to any registration requirement within such jurisdiction or country. You hereby acknowledge and agree that you are choosing to access the Website, Services, information and/or Content on your own initiative and that you are responsible for compliance with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding your use thereof.

HEALTH CARE DISCLAIMER

THE CONTENT AND SERVICES OFFERED ON THE WEBSITE – IS INTENDED TO EDUCATE USERS ON HEALTH CARE AND MEDICAL ISSUES RELATED TO SYMPTOMS OF PARKINSON’S DISEASE. NEITHER THE CONTENT NOR THE SERVICES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. YOU HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THIS WEBSITE, ITS SERVICES AND CONTENT DO NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDER FOR SPECIFIC GUIDELINES AND INSTRUCTIONS, INCLUDING THOSE RELATED TO DIAGNOSIS AND TREATMENT OF MEDICAL CONDITIONS, INCLUDING YOUR SPECIFIC MEDICAL NEEDS IN REGARD TO PARKINSON’S DISEASE OR ITS SYMPTOMS. IN PROVIDING THE CONTENT AND SERVICES WE ARE IN NO WAY REPRESENTING OR WARRANTING THAT SUCH SERVICES AND CONTENT IS APPLICABLE OR APPROPRIATE FOR YOUR NEEDS AND/OR CONDITION. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911.

GENERAL DISCLAIMER

The Content, materials, resources and other information contained on this Website have been prepared by TAC as a convenience to its users and is not intended to constitute advice or recommendations upon which a user may rely. TAC has used reasonable efforts in collecting, preparing and providing such Content, materials, resources and other information.

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL BLOGS, CONTENT, RESOURCES, MATERIALS, SERVICES AND OTHER INFORMATION ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, AND TAC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND ALL ELEMENTS THEREOF, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, QUIET ENJOYMENT AND ACCURACY. TAC MAKES NO WARRANTY THAT THE WEBSITE, BLOGS, CONTENT, PRODUCTS, SERVICES, MATERIALS OR ANY OTHER INFORMATION IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED, NOR DO WE MAKE ANY PROMISES THAT THE SERVICES THAT WE OFFER WILL BE AVAILABLE TO YOU.

LIMITATION OF LIABILITY

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL TAC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF GOODWILL OR REPUTATION, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE (OR INABILITY TO USE THE WEBSITE), THE SERVICES, CONTENT, THE BLOGS OR BLOG CONTENT, OR ANY OTHER MATERIALS, SERVICES OR INFORMATION CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TAC, EVEN IF TAC HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE TAC AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless TAC, its affiliates, its contractors, and all of its and their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from i) your use of this Website, Content or services, ii) your fraud, violation of law, or iii) willful misconduct, and any breach by you of this TOU as stated herein or as modified from time to time in TAC’s sole discretion.


SEVERABILITY/WAIVER

If any provision(s) of the TOU is deemed unlawful, void or for any reason unenforceable, then such provision(s) shall be deemed severable from this TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver or failure to enforce of any of the terms of the TOU shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

GOVERNING LAW AND JURISDICTION

This TOU and your access to and use of this Website are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating the TOU or Website shall be filed only in the state and federal courts located in Springfield, Massachusetts, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding.

YOU AND TAC AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR TAC WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR TAC ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND TAC FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, TAC, AND ALL PARTIES TO ANY SUCH PROCEEDING.

FORCE MAJEURE

TAC shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond our reasonable control, or the reasonable control of our contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

NOTICES

Any notices to you from TAC regarding the Website or this TOU will be posted on this Website.

WEBSITE PRIVACY POLICY

Our Website Privacy Policy, located at www.letscombatmicrographia.com   and www.smilethroughart.com  describes the details of TAC’s information practices and procedures for personal information we collect at this Website. We strongly urge you to read our Website Privacy Policy.

TAC’s Privacy Policy

The Art Cart, LLC (“TAC,” “we” or “us” or “our”), understands your concerns about privacy and how your information is used and safeguarded, and we want to provide you with more information on these topics. This Privacy Policy describes the practices, policies and procedures related to the website located at www.letscombatmicrographia.com  and  www.smilethroughart.com( “Website”), including the types of personal information we collect on the Website, how we may use that information, with whom we share it, and the choices you have regarding our collection, use and disclosure of your information. Please note that this Privacy Policy applies only to our online information-gathering and dissemination practices and does not apply to any of our practices conducted offline. By visiting the Website, you are accepting the practices, policies and procedures described herein, and you are further indicating that you agree to be bound by the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not visit or use the Website. We may update this Policy from time to time, so please check this Policy periodically for changes. If you have any questions about this Privacy Policy, please do not hesitate to contact us at  (203) 565-9647.

SUMMARY

The notifications provided by this Privacy Policy include: What personally identifiable information we collect through the Website. How we use the information we collect. With whom the information may be shared. The kind of procedures we employ in an effort to hinder the unauthorized access, use or disclosure of information you provide to us. Information related to third-party websites.The laws that apply to those accessing the Website. How you can learn about changes to the Privacy Policy. How you can amend the information we collect on you. Rights related to the European Union’s General Data Protection Regulation.

THE INFORMATION WE COLLECT

Personal Information You Provide and How It Is Used

When you visit our Website, you may provide us with personally identifying information (such as name, address, e-mail address, telephone number, and/or credit/debit card information) and other information on a voluntary basis, as more particularly described below. We do not knowingly collect sensitive information, such as Social Security numbers. Please do not send sensitive, personal or confidential information to us directly through the Website, or by email to any of the contact email addresses listed on the Website.

Processing of Payment Transactions

In order to process purchase transactions made through www.smilethroughart.com and www.letscombatmicrographia.com  and charge your credit card, our third-party payment processor, PayPal, requires that you provide certain personal information. Such information includes your name, billing address, email and credit card information. TAC is not affiliated with PayPal and is not responsible for PayPal’s privacy practices or procedures. PayPal has informed us that it takes various precautions to protect your information, which may include use of the Payment Card Industry (PCI) Data Security Standard (DSS), and that PayPal has implemented procedures to ensure that it is in compliance with the PCI-DSS, currently available at http://www.pcisecuritystandards.org. Additionally, PayPal has informed us that it also undergoes annual re-certification to achieve PCI Level 1 status. While TAC does not store your credit card information, some or all of the information you provide may be retained by PayPal for a period of time. Any information that you provide in conjunction with, or related to, a  transaction, will be treated in accordance with PayPal’s privacy policy, located at https://www.paypal.com/privacy-policy, and we recommend that you review this policy for additional information.

Training Registration

When you register for training session (event or workshop) on the Website, you will be accessing the services of Thinktific.com and the Terms and Conditions of Use and Privacy Policy of Thinktific.com will apply to the use of the Thinktific site and services. To  register for the training session, using Thinktific.com, you will be asked to provide your name and email address, and will be provided with the option to provide your name, your employer’s company name and mailing address. We will use this information to confirm your reservation for the training session, to communicate with you regarding your attendance at the training session and the license of the materials. Any proprietary materials used by TAC at a training session or workshop will be licensed to the attendees or registrants at the workshop and the registrants will pay a license fee to TAC to use the proprietary materials pursuant to the license. The form License Agreement is available for review on the Website. By completing your registration, you are agreeing to be bound by the terms of the License Agreement.

Mailing Lists

When you register for a training session on the Website, you will be added to our mailing list to receive occasional email updates, unless you choose to opt-out by unchecking the box next to the words “Please send me e-updates with the latest information.” You may also sign up independently to join our mailing list, and we will ask you provide your email address and your name. If at any time you would like to unsubscribe from our email list, you may do so by clicking on the “unsubscribe” link located at the bottom of all our mass emails or by emailing smilethroughart@gmail.com “unsubscribe” in the subject heading and we will remove your name from our lists. We will act quickly to implement such requests but please note there may be time lags of up to a month to remove names from our database. To reach us offline, please contact us via mail at: The Art Cart, LLC  15 College Highway, Unit C, Southampton, MA 01606.

Blogs/Social Media

We provide the ability for you to comment on our blogs and on other portions of the Website. In order to leave a comment on one of our blogs or on other portions of the Website, you will be required to provide your name and email address, and you will have the option to provide additional personally identifying information. We also provide the option for you to connect with us through various social media outlets and platforms including but not limited to Instagram and Facebook and we may promote your activities on social media by “retweeting” or “sharing” content that you choose to make available to us. You hereby agree that any content you share is outside of the control of TAC and TAC has no obligation to monitor or edit the content you share.  TAC may in its discretion remove or edit content which it considers inappropriate in its discretion.

We may offer visitors the option to share a story related to their symptoms and their challenges. Although last names are not published with the story, any information about yourself or others that you write about will be publicly displayed. TAC is not responsible for any damages that may result from your decision to share a story.

Personal and Non-Personal Information We Collect by Automated Means and How We Use It

TAC and third parties with whom we have contracted to provide services for us collect certain personal and non-personal information by automated means when you visit the Website, including when you access the Website via a mobile device. We collect this information through various means such as “cookies,” “web beacons” and IP addresses, as further explained below.

Personal information collected may include your device’s phone number, and your location information, such as the real-time geographic location of the device you use to access the Website.

Non-personal information we collect may include the numbers and frequency of visitors to the Website, pages visited and similar data, information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type), URLs that refer users to our Website, dates and times of visits to our Website, actions taken on our Website (such as page views and site navigation patterns), general geographic locations (such as country and city) of our visitors, and, search terms that visitors use to reach our Website. If gathered, this data is used in the aggregate, and not in a manner that is intended to identify you personally. This type of aggregate information may be shared with third parties at any time.

We may use information collected by automated means to operate, evaluate and improve our business and the services we offer, to analyze and enhance our marketing communications and strategies (including by identifying when emails sent to you have been received and read), to analyze trends and statistics regarding visitors’ use of our sites, mobile applications and social media assets, and the actions visitors make on our sites, to protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users, and to enforce the Terms of Use for our Website.

Cookies

A cookie is a piece of information that a web server may place on your computer when you visit a website. Cookies are commonly used by websites to improve the user experience. Many cookies last only through a single website session, or visit. Others may have an expiration date, or may remain on your computer until you delete them. TAC uses “session cookies” so that we can properly verify a user’s identity as they move from one page to the next. We may also use cookies for other purposes, such as to identify and authenticate visitors, to maintain continuity during a user session, to gather data about the usage of our website for research and other purposes, or to store a user name or encrypted identification number so that you do not have to provide this information every time you return to our Website.

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the features on our Website. Our cookies do not gather personally identifiable information. In some cases, TAC may also use another company to operate web servers for our Website. TAC uses the cookie information gathered by these companies in the same manner as stated in this Privacy Policy.

Web Beacons

Certain pages on the Website contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. Web beacons also may be used to track whether you have opened an HTML email. When the email is opened, a part of the code that makes up the HTML page calls a web server to load the web beacon that then generates a record showing that the email has been viewed. Web beacons may also recognize when the email was opened, how many times it was forwarded and which URLs (links within the email) were clicked.

IP Addresses

When you visit and interact with the Website, TAC and third parties with whom we have contracted to provide services for us may collect Internet Protocol addresses (each an “IP Address”), as well as browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and page navigation. An IP Address is a unique identifier number that certain electronic devices used to identify and to communicate with each other on the Internet; your Internet Service Provider automatically assigns an IP Address to the computer that you are using. We gather this information to track web site visitor movement in the aggregate, and to gather broad demographic information for aggregate use. Our goal in gathering this information is to learn how our customers and the public are using our service. We may use this information to enhance our Website or for other lawful purposes.

HOW WE MAY SHARE YOUR INFORMATION

We may disclose all of the information (described herein) that we collect, as stated in this Privacy Policy, including in accordance with the terms set forth in this section. Please note that like many organizations, we use specialist service providers to help run parts of our operations. For example, we contract with Google to provide marketing and data aggregation and analysis services and with PayPal to provide payment processing services. From time to time, these third-party service providers may require access to our database, which may contain personally identifying information belonging to visitors to our Website. Our agreements with our third-party service providers require that they keep this information confidential.

Unless otherwise stated herein, we do not reveal personally identifiable information about you to third parties for their independent use unless: (1) you expressly authorize TAC or an TAC affiliate to do so, (2) it is necessary to allow TAC and its service providers or agents, including but not limited to, our third-party payment processors, to provide services on TAC’s behalf, (3) it is necessary in order to provide products or services to you, (4) the information is disclosed to entities that perform marketing or data aggregation services for TAC, (5) it is necessary in connection with a sale of all or substantially all of the assets of TAC or the merger of TAC into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which TAC is not the survivor, (6) TAC is required or permitted to do so for any or all of the following reasons: (i) to comply with a subpoena, legal process, government request or any other legal obligation, (ii) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the Website or our network, and/or (iii) to protect the rights, privacy, property, business, or safety of TAC, its affiliates, subsidiaries, partners, directors, officers, employees, or members, visitors to the Website, or the general public.

HOW WE ATTEMPT TO SAFEGUARD YOUR INFORMATION

We maintain administrative, technical and physical safeguards for the Website designed to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the personal information that we collect from you. Payment data is protected by PayPal encryption automatically.  GoDaddy websites are secured to protect certain transaction information while in transit. We also restrict access to personal information collected about you on the Website to our employees, those who are otherwise specified in this Privacy Policy, or others who need to know that information to provide services to you or in the course of conducting our business operations or activities. However, no website can guarantee security. Thus, while we have established and maintain what we believe to be reasonable procedures to protect the confidentiality, security, and integrity of personally identifying information obtained through the Website and we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us. Therefore, you understand, acknowledge, and agree that you transmit certain personal information over the Website at your own risk.

CHILDREN’S PRIVACY

We do not knowingly collect, use, or disclose personally identifiable information about visitors younger than 13 years of age. If you are under the age of 13, you are expressly prohibited from accessing/viewing the Website. If you are the parent or guardian of a child under 13 years of age and believe that they have disclosed personally identifiable information to us, please contact us at smilethroughart@gmail.com so that we may delete your child’s information.

THIRD PARTY WEBSITES

We may provide links to third-party websites (such as PayPal and Thinktific) as a service to you or in order to provide you additional information related to the transactions and activities that occur on the Website. Please be aware that we cannot control and are not responsible for the information collection, use, and disclosure practices of such websites. We encourage you to review and understand the privacy practices and policies, if any, of these websites before providing any personally identifying information to them. We are not responsible for the content or information of these websites, any products or services that may be offered through these websites, or any other use of the linked websites.

FUTURE REVISIONS

We reserve the right to revise this Privacy Policy at any time by updating this posting. Please check back regularly and to see if there have been any changes to this policy, which you can determine by reviewing the Effective Date listed below. By continuing to use the Website after those changes become effective, you agree to be bound by the revised Privacy Policy.

SPECIAL NOTICES

Notice to California Residents

California Civil Code Section 1798.83 permits Website users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to request this information, please contact us or write to us at smilethroughart@gmail.com or letscombatmicrographia@gmail.com.

HOW TO CONTACT US

If you have any questions or comments about this Privacy Policy, or if you would like us to update or correct information we have about you or your preferences, please contact us by email at smilethroughart@gmail.com or letscombatmicrographia@gmail.com or by phone at (203) 565-9647. You also may write to us at: The Art Cart, LLC, 15 College Highway, Unit C, Southampton, MA 01606

EUROPEAN UNION AREA, SWITZERLAND AND UNITED KINGDOM USERS

The following provisions apply only to users residing in the European Union Area (“EEA”), Switzerland and the United Kingdom.

Please note, in May of 2018 a new data privacy law known as the EU General Data Protection Regulation (“GDPR”) went into effect. Pursuant to GDPR, we are required to provide those residing in the EEA, Switzerland and the United Kingdom (hereinafter, the “EU Users”) additional information and rights related to the “Personal Data” we collect about them. We summarize such information and rights below.

HOW TO CONTACT US

The Art Cart, LLC  (the Data Controller) is the owner and operator of the Website. If you need to contact us for any reason related to this Privacy Policy or your use of the Website, please contact us at smilethroughart@gmail.com or letscombatmicrographia@gmail.com.

PURPOSE FOR INFORMATION COLLECTION

As noted in this Privacy Policy, you may visit our Website without being required to provide us with any Personal Data. However, should you decide to provide such information, the information we collect will be used to meet your requests, or to provide you with the applicable information or service requested, and as further described herein.

LEGAL GROUNDS FOR PROCESSING PERSONAL DATA

TAC will process personal data that we receive from EU Users on the ground that it is in our legitimate interest for the effective administration of the Website, to fulfill and/or address your requests, or to provide the functionalities and features as further described herein.

YOUR INFORMATION AND YOUR CHOICES; WITHDRAWAL OF CONSENT

GDPR provides EU Users with additional rights in respect to the Personal Data we hold about you, including the right i) to be informed about the Personal Data we have collected, and ii) to request a copy of the Personal Data, and iii) to have your Personal Data deleted, and iv) to lodge a complaint about our processing of your Personal Data with your local supervisory authority. Upon appropriate written request we will update or amend your Personal Data, but we reserve the right to use any information previously obtained to verify your identity or take other actions that we believe are appropriate and lawful. You may access, correct, or request deletion of your Personal Data – or request that we stop any processing of your Personal Data – by contacting us at the email address listed above. We will respond to your request within a reasonable timeframe.

Please note we may need to retain certain information for record keeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed from such locations. Additionally, there may be circumstances in which we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided in data protection legislation in general, and GDPR in particular. Finally, please note that we are not responsible for removing or deleting information from the databases of third parties (such as service providers) with whom we have shared information about you, but we will make the request on your behalf for such removal/deletion.

CHILDREN’S PRIVACY/NOTE TO PARENTS OF CHILDREN RESIDING IN THE EEA, SWITZERLAND AND UNITED KINGDOM

The Website does not intentionally or knowingly collect, use, or disclose personally identifiable information about EEA visitors to our Website that are less than 16 years of age. If a child under the age of 16 submits information to us through any part of the Website and TAC becomes aware that the user submitting the information is under the age of 16, the information provided will be deleted as soon as it is discovered and not used for any purpose. If you are the parent or guardian of a child under 16 years of age and believe that they have disclosed personally identifiable information to us, please contact us at smilethroughart@gmail.com or letscombatmicrographia@gmail.com or via the mailing address below and be sure to include in your message the same user name and password and/or email address that you believe your child submitted, if applicable.

The Art Cart, LLC

15 College Highway, Unit C

Southampton, MA 01606

© 2020 The Art Cart, LLC

all rights reserved

PRIVACY POLICY EFFECTIVE DATE

This Privacy Policy is effective as of January 1, 2020.