Last updated: May 16, 2017
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.newkeyz.com website (the"Service") operated by Sparhawk Marketing, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
The Service and its original content, features and functionality are and will remain the exclusive property of Sparhawk Marketing, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sparhawk Marketing, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Sparhawk Marketing, LLC
Sparhawk Marketing, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Sparhawk Marketing, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Sparhawk Marketing, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Sparhawk Marketing, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Sparhawk Marketing, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Maine, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.
We strive to provide a safe and secure shopping experience for our customers.
Third party Information. We may permit web analytics and other providers to collect and process information on our websites using various technologies. Some of these providers have information about you, including personal information, demographic information and interest reports. They may share this information with us and we may share your personal information with them. Third Party Information helps us to enhance and personalize our interactions with you so that the information you receive is more relevant to you. We use third party information for behavioral advertising, which allows us to predict your preferences and to show you ads and send you e-mails that are more likely to interest you.
- The types of personally identifiable information collected about you during your relationship with Newkeyz.com.
- How we use and share the information that we collect from you.
- The choices you have about the collection, use and sharing of your personally identifiable information.
- The types of security procedures we take to safeguard your personally identifiable information.
- How you may access, update and change personally identifiable information you've provided.
- California Residents.
- Other Information.
Types of Personally Identifiable Information We Collect
While you visit the Site we collect various types of personally identifiable information (PII). Here are the types of information we gather:
- Information You Provide Us.
Much of the personally identifiable information we receive comes directly from customers who are interested in obtaining various products and services by shopping at the Site. Typically, this information includes your name, postal address, email address and telephone number. We may also collect other types of information such as gender, age, number of children, and personal interests, which we may associate with personally identifiable information. If you purchase products or services through the Site or our vendor partners we will note, for example, the type of services or products ordered or purchased, and the date of the order or purchase. We collect personal information when you register, log on, or visit the Site, including when you participate in activities on the Site, such as by placing an order or completing a user registration form.
- Information From Others.
- Information Collected Through Technology.
We collect information through technology to make the Site more interesting and useful to you. For instance, when you come to the Site, we may collect your IP address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider), your company, or your university. Standing alone, your IP address is not personally identifiable. At times, we also use IP addresses to collect information regarding the frequency with which our customers visit various parts of the Site. We may combine this information with personally identifiable information as more fully described in paragraph 1a. above.
The Site uses a variety of technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in images on the pages of web sites. We may use these technical methods to analyze the traffic patterns on the Site, such as the frequency with which our users visit various parts of the Site. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We also use these technical methods in HTML emails that we send our customers to determine whether customers have opened those emails and/or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is personally identifiable.
How We Use and Share the Personally Identifiable Information We Collect
- Use by Newkeyz.com.
We may use personally identifiable information for Operational Uses such as helping to establish and verify the identity of users; opening, maintaining, administering and servicing user accounts; processing, servicing or enforcing transactions and sending related service communications; providing services and support to users such as Reminders, rebates, contests, sweepstakes; improving the Site (including tailoring it to users' preferences); providing users with service or product updates, promotional notices and offers; responding to your questions, inquiries, comments and instructions; and maintaining the security and integrity of our systems. We may also use personally identifiable information to provide offers, promotions and product updates to you via standard mail. Your email address and other personally identifiable information may be used by us or any subsidiary, parent, affiliate or other corporation into which we merge or is otherwise acquired or sold, in whole or in part ("affiliates"). Information or content submitted may be used by us or our affiliates to provide other consumers with product reviews and shopping information. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, fee-free, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us the right to use the name or home town that you submit in connection with such content. Your personally identifiable information may be used by us or any subsidiary, parent or other corporation into which we merge or are otherwise acquired or sold, in whole or in part ("affiliates").
- Use of Your Email Address Or Email Address You Provide to Us.
Your email is considered personally identifiable information. In addition to other ways we are permitted to use personally identifiable information, we may also use your email address for processing, servicing or enforcing transactions and sending related service communications; providing users with service or product updates, promotional notices and offers; and/or responding to your questions, inquiries or comments. Your email address may be used by us or any subsidiary, parent or other corporation into which we merge or is otherwise acquired or sold, in whole or in part. If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact Info@Newkeyz.comto request that we remove this information from our database.
- Use by Merchant Partners.
We share information about you with our Merchant Partners for Fulfillment Uses such as using your email address for shipping and other contact information for purposes of processing, servicing or enforcing transactions and sending order status and other related communications. If you order products from a vendor partner they will receive your order information, name, address, telephone number, age and gender, as well as any other information necessary to properly fulfill your order. Their treatment of your Personal Information will be governed by the terms of their Privacy Statement, which we will always provide for your review during checkout, when an Alice.com product is in your cart. You can contact each Merchant Partner through partner sites directly for questions regarding your orders and personal information.
- Co-Branding Partners.
We have Co-Branding Partners that provide unique benefits to our customers. In Co-Branded Partnerships, we may acquire, share with our Co-Branding Partners or use personally identifiable information identified in paragraph 1.a., above, to communicate special offers, provide additional benefits or for other related uses.
- Affiliate, Parent and Subsidiary Companies.
In order to provide the best service to our customers, we may share your personally identifiable information and information about your spending habits with our Affiliate companies.
- Disclosures Required By Law and Disclosures to Help Protect the Security and Safety of Our Sites, and Others.
We may share your information, including personally identifiable information, with non-affiliated and affiliated third parties.
- Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your information will be subject to this Policy.
- Other Non-Affiliated Third Parties. We may disclose the information that we collect about you to non-affiliated third parties (with your consent, if consent is required by law), such as promotional partners and others with whom we have marketing or other relationships. Those third parties may use your information for marketing purposes, such as to market products and services that they believe would be of interest to you. We also may combine the information that we collect about you with other information that we obtain from third parties. This information may help us to determine what advertisements to direct to you, to place on our website, and where to advertise our Services. You have the ability to opt-out of certain uses of your information. You also have the ability to opt-in to receiving certain information from us and non-affiliated third parties.
- Affiliate and Referral Partners. Newkeyz.com.com has referral relationships with third-party companies and individuals ("Referral Partners") who refer their customers to Newkeyz.com. Newkeyz.com and a Referral Partner may share certain information with respect to a Consumer that is referred by Newkeyz.com.com or a Referral Partner to allow Newkeyz.com and the Referral Partner to establish the identity of the shared Consumer and determine referral fees owed.
Your choices about the collection, use and sharing of your personally identifiable information
Please keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, (b) we use your personal information for either "Operational Uses" or "Fulfillment Uses" (c) we share your personal information under the provisions of paragraph 2 above with respect to "Companies That Facilitate Communications and Transactions With You," Required By Law and Disclosures to Help Protect the Security and Safety of Our Sites and Others.
Security Measures to protect your personal information
The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect your information from unauthorized access and improper use. On a regular basis, we review our security procedures in order to consider appropriate new technology and methods. Please be aware, however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your email address, we cannot guarantee its absolute security.
Whether you're ordering a service or making a purchase, we want you to feel safe and secure while visiting the Site. You can also feel confident making purchases from established Co-Branded Partner sites. Only a few individuals within the company are given degrees of access to customers'personal information according to job function and necessity. Access is granted to these employees through special passwords. All employees are kept up to date on our security and privacy practices. Finally, the servers that store personally identifiable information are kept in a secure environment. If you have any questions about security on the Site, you can send an email to us at info@Newkeyz.com
How can you access, update your information and opt out choices
You can access and update the contact information you gave us during registration (that is, your postal address, email address, or any other information that would directly enable us to contact you), or modify your opt-out choices, by going to My Account.
If you want to review, modify or correct any of this information, simply click on this link or go to the My Account center on the Site, and then log in with your member name and password. If you have forgotten your password, there are instructions on the link above to help you recover your password. If you need to recover your password, you can also contact us via email at info@Newkeyz.com. Please include information in the email that will help us identify your account so we can assist you with your request. We may also provide you an opportunity to update your contact information and/or modify your opt-out choices by sending you an email or other communication that invites your response. Finally, you may unsubscribe from certain email communications by clicking on unsubscribe links in those emails.
California Civil Code Section 1798.83, also known as the Shine The Light law, permits Newkeyz.com customers who are California residents to request information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident you may submit your request for this information to: info@Newkeyz.com
P.O. Box 1192, yarmouth, ME. 04096
Yarmouth, ME. 04096
- Child Use.
We do not knowingly collect personal information from, or sell products for purchase by, persons under the age of 18. We sell children's products for purchase by adults. Do not provide information to us, or purchase from this Site, if you are under the age of 18.
- Legal Disclaimer.
We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Site.
- Notification of Changes.
If we decide to change our email practices, we will post those changes to the Site so that you are aware of what information we collect, how we use it and under what circumstances, if any, we disclose it.