Privacy Policy

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Nacie Carson d/b/a Uncommon Enterprises (”The Life Uncommon”), has adopted this Privacy Policy to inform its customers and others about how it protects personally identifiable information and other information that may be collected when users visit the The Life Uncommon web site.

This Privacy Policy covers The Life Uncommon’s treatment of personal or personally identifiable information (”Personal Information”) that may be collected when you are on the The Life Uncommon website, and when you use the services of The Life Uncommon. The privacy of your nonpublic information is important to us. This includes, but is not limited to, your name, email address and any other personally identifiable information. We use safeguards to protect your privacy and confidentiality. This Policy Statement discusses information we collect and the manner in which it is used.

The Life Uncommon is sensitive to the protection of “customer identifiable” information which an individual or another customer reasonably expects to be kept private. “Customer identifiable” information means information which can be associated with a specific entity or individual, including, by way of example, a customer’s name, e-mail address, and information about on-line activities which can be directly linked to him or her.

Please note that your personally identifiable information will be stored and processed on our computers in the United States. The laws regarding the handling of personal data in the United States may differ from the laws of other countries but, as we explain below, The Life Uncommon will hold and transmit your information in a safe, confidential and secure environment.

SHARING AND DISCLOSURE OF PERSONAL INFORMATION

The Life Uncommon will not sell or rent your Personal Information to any individual, business, or government entity.

The Life Uncommon will share your Personal Information with other entities if The Geek Factory is required to respond to court orders, subpoenas, or other legal process. The Life Uncommon may also use customer identifiable information to investigate and help prevent potentially unlawful activity or activity that threatens The Life Uncommon’s users or otherwise violates the Terms of Use agreement.

The Life Uncommon’s servers automatically gather information about which pages are visited within the The Life Uncommon site. The Life Uncommon does not use that information except in the aggregate. This information helps us identify the type of website content or features our customers value most. We may use suppliers to assist us in collecting, using, or otherwise processing for our benefit the non- personal information obtained through the site.

SECURITY

The Life Uncommon uses industry standard practices to safeguard the confidentiality of your personal identifiable information. The Life Uncommon treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by others inside and outside the company. However, “perfect security” does not exist on the internet.

ACCESS

We restrict access to nonpublic information to people on the The Life Uncommon team who need to access that information in order to provide The Life Uncommon service to you.

LAWFUL USE OF SITE

The Life Uncommon website services may only be used for lawful purposes. Transmission of any material in violation of any US or state or local law, rule or regulation is strictly prohibited. This includes, but is not limited to: copyrighted or trademarked material; material legally judged to be threatening or obscene; material protected by trade secret; or material which violates a legally protected privacy right of an individual.

The Life Uncommon operates in full compliance with the Digital Millennium Copyright Act of 1998 (DMCA). The Life Uncommon will cooperate with local, state and federal courts and law enforcement agencies in the investigation and prosecution of claims of illegal activities when legally obligated to do so.

The Life Uncommon will comply with all legally enforceable subpoenas, search warrants, court orders and other forms of legal process. Under The Life Uncommon’s Terms and Conditions, the customer agrees to indemnify and hold The Life Uncommon, its, officers, directors, employees and agents, harmless from any claims, liabilities and expenses, including reasonable attorney’s fees, resulting from the customer’s use or misuse of the service which damages Nacie Carson, The Life Uncommon, its officers, directors, employees and agents, as well as any user, or another party.

AMENDMENTS

The Life Uncommon will keep this policy current and reserves the right to change this policy at any time by amending the content of this Statement. The Life Uncommon will post a notice of changes on the The Life Uncommon website, when and if the policy is amended. This Statement and the policies expressed herein are not intended to and do not create any contractual or other legal rights in or on behalf of any customer, user, or other third party.

OWNERSHIP

The Life Uncommon™ is the exclusive trade name and mark of Nacie Carson d/b/a Uncommon Enterprises.
May 5, 2009

  • Service without the express written permission of the The Life Uncommon;
  • verbally, physically, or otherwise abuse (including threats of abuse or retribution) any The Life Uncommon employee, agent or officer;
  • upload, post, host, or transmit unsolicited email, SMSs, or spam messages;
  • transmit worms or viruses or any code of a destructive nature;
  • violate any applicable federal, state or municipal laws or regulations; or,
  • plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any other rights of any person, firm or entity, expressly including libel, slander or invasion of rights of privacy, publicity or “moral rights” (“droit moral”).

To do any of the above constitutes a breach of this Agreement.
No abuse. You are responsible for all your activity on this site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for exclusion of your use of the site at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Representations, warranties and covenants. You represent, warrant and covenant that you will not use the Service for any illegal or unauthorized purpose and will not sue Nacie Carson or the Service and if you access the Service, that you :

  • are at least 16 years of age;
  • are human. Accounts accessed by “bots,” spiders, or other automated methods are not permitted;
  • understand that the technical processing and transmission of the Service may be transmitted unencrypted and involve (a) transmission over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks and devices;
  • you will use the Service in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the Service.
  • You will not post on the Service, or to Us or our employees, officers, directors and agents, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including but not limited to, intellectual property rights, trade secrets, and rights of privacy and publicity) or is subject to an enforceable privilege (including, without limitation, attorney-client or trade secret privileged material); and,
  • You agree that Nacie Carson has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Service.

Monitoring and Enforcement. While The Life Uncommon has the right to monitor activity and content associated with the Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content, we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the Service, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
User Responsibilities. You agree that you:

  • are responsible for your own use of the Service;
  • will not share any confidential or privileged information received from the Service with any third parties;
  • will not falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; and,
  • will not upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Changes and Discontinuances. We may change or discontinue any part of this Service, without notice, at any time, at our sole discretion.

GRANT OF LIMITED LICENSE / ADDITIONAL TERMS OF SERVICE.

You are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Service.
You may use the The Life Uncommon functionality provided on the Service only via The Life Uncommon and may not download, copy, reuse or distribute that functionality.

The Life Uncommon reserves the right to monitor use of the Service to ensure compliance with these Terms of Service. If it is determined you are not in compliance with this Agreement, The Life Uncommon reserves the right to take appropriate action including, but not limited to, suspension or termination of your account.

LIMITED WARRANTIES/LIMITATION OF LIABILITY/ETC.

You understand that The Life Uncommon uses third party vendors for hardware and the hosting of the Service.

Your use of the Service is at your sole risk. The service is provide on an “as is” and “as available” basis. You understand that The Life Uncommon uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service.

The Life Uncommon does not warrant that (i) the Service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through this Service will meet your expectations; and, (v) any errors in the Service will be corrected.

Due to the number of sources from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service. Nacie Carson d/b/a/ Uncommon Enterprises disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information accessed through the Service. The Life Uncommon disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.

THE SERVICE IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS. THE LIFE UNCOMMON, ITS AFFILIATES, AGENTS, AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. NEITHER THE LIFE UNCOMMON, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS, SHALL BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL THE LIFE UNCOMMON, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE YOU IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBER AGREES THAT THE LIABILITY OF THE LIFE UNCOMMON, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE SUM OF ONE HUNDRED ($100.00) DOLLARS.

TERMINATION.

Should you breach this Agreement, The Life Uncommon has the right to revoke your license to use the Service and suspend your right of access.

PRIVACY.

Registration data and other information about you are subject to The Life Uncommon’s Privacy Policy, available at HYPERLINK “http://”http:// HYPERLINK “www.CGCouncils.com/privacypolicy.php”www.The Life Uncommon/privacypolicy.php. The Terms and Conditions of The Life Uncommon’s Privacy Policy are incorporated by reference as if set forth in full herein.

If you are located outside the United States, by subscribing to any The Life Uncommon service you consent to your data being sent to the United States and transmitted, stored and utilized pursuant to the provisions of United States law.

INDEMNITY.

You agree to defend, indemnify, and hold harmless the Nacie Carson d/b/a Uncommon Enterprises, its employees, officers, directors, affiliates, contractors, attorneys, and agents (”Indemnitees”) against all claims, demands, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked web site (ii) resulting from your violation of any of your representations, warranties or obligations under this Agreement; (iii) content you submit, post, transmit, or make available through the Service, (iv) your use of the Service, (iv) your connection to the Service, (v) your violation of the Service Agreement or (vi) your violation of any rights of another including but not limited to another’s copyright, patent, trademark, trade secrets, or other intellectual property right.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE

USE OF THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GEEK FACTORY, INC., ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AFFILIATES, ATTORNEYS AND AGENTS SHALL 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 (EVEN IF NACIE CARSON D/B/A UNCOMMON ENTERPRISES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL GEEK FACTORY’S (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, ATTORNEYS AND AGENTS) TOTAL CUMULATIVE DAMAGES EXCEED US$100.

PROPRIETARY RIGHTS

Nacie Carson d/b/a Uncommon Enterprises owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to its copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to user content.

SPECIAL ADMONITIONS FOR INTERNATIONAL USE

As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.

MISCELLANEOUS.

This Agreement is governed by the law of the State of Massachusetts, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement and all disputes relating to or arising from this Agreement shall be brought in the federal or state courts located in Norfolk County, State of Massachusetts, to which jurisdiction and venue you and the Nacie Carson d/b/a Uncommon Enterprises irrevocably consent. No other court shall have jurisdiction. If there is a determination that any provision of these Terms of Service is invalid or unenforceable, that determination will not affect the rest of the Terms of Service and the Terms of Service shall be deemed amended to the minimum extent necessary to make them valid and enforceable. No cause of action arising out of or related to the The Life Uncommon web site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

The failure of Nacie Carson d/b/a Uncommon Enterprises to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Nacie Carson d/b/a Uncommon Enterprises.

No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and you do not have any authority of any kind to bind Nacie Carson d/b/a Uncommon Enterprises in any respect whatsoever.

If you have any questions regarding these Terms of Service, please contact The Life Uncommon at nacie at The Life Uncommon dot net.

These Terms of Service, as presently in effect, and as modified from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and govern your use of the Service. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, prior versions of the Terms of Service).

You understand and agree that this Service Agreement and any notices given pursuant to this Service Agreement are enforceable in electronic format.


You will not assign or transfer this Service Agreement or rights, or delegate these duties, without the prior approval of The Life Uncommon. Nacie Carson d/b/a Uncommon Enterprises will have the right to assign this Service Agreement and rights and delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets (or of those assets relating to the Service). This Service Agreement will bind successors and permitted assigns.

This Service Agreement is in electronic form. There may be other information regarding the Service that the law requires us to send you. You consent to Nacie Carson d/b/a Uncommon Enterprises sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using this Service. We may provide required information to you by email at the your registered address or by access to The Life Uncommon or another website designated in an email notice or generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date.


Effective May 5, 2009