PRIVACY POLICY
Welcome to the le larc Website. Le larc is a California Company. This Privacy Policy governs the use of the le larc Website. When using or accessing the le larc Website, you are agreeing to be bound to the terms within this Privacy Policy and the Terms of Service policy. This policy may refer to users as “you” or “user” and may refer to le larc as “us,” “we,” or “our.” If you do not agree to the terms within this Privacy Policy and the corresponding Terms of Use, do not access or use the le larc Website.
PERSONAL INFORMATION STORED BY LE LARC
In order to carry out the services of le larc and to provide a great user experience, we will collect and store the following information about you, as you provide it to us:
First and Last Name
Content You Post As Blog Comments
Searches Completed through the Website
Your Email Address
Any Emails You Send to le larc
IP Address
Domain Name
Times of Access to Website
Website that Referred to le larc
Your Operating System Type
Le larc does not store any credit card or banking information. All purchases made through links on the le larc Website are conducted through third-party providers.
It may not be readily apparent to you when such data is being collected. For instance, when you come to our website, your IP address is collected so that we know where to send information you are requesting. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet. Similarly, le larc or a third party may place cookies or use web beacons, which may be used to identify some of your preferences. A “cookie” is a small file or record-keeping device that websites often store on a user’s computer. (You can disable cookies or set your browser to alert you when cookies are being sent to your computer.)
PERSONAL INFORMATION STORED BY THIRD-PARTIES
When using the le larc website, you understand that you will be able to share information with third-parties on blog comments. You will also be directed to third-party websites through affiliate marketing or advertising and product features on the le larc Website.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria, and may also collect additional information about you.
Le larc does not sell your data to third-parties. We may disclose information about you to third-parties for assistance in improving the le larc products and services. Le larc may also disclose information about you to third-parties where we have a good faith belief that such disclosure is necessary in order to: (i) protect, enforce, or defend the legal rights, privacy, safety, or property of le larc, our affiliates or their employees, agents and contractors (including enforcement of our agreements and our terms of use); (ii) protect the safety, privacy, and security of users of the le larc employees, owners, or members of the public; (iii) protect against fraud or for risk management purposes; (iv) comply with the law or legal process; or (v) respond to requests from public and government authorities.
COMMERICAL AND NON-COMMERICAL COMMUNICATION
By providing contact information to the Website, such as signing up for the newsletter, you waive all rights to file complaints concerning unsolicited email from le larc since you have agreed to such communication by providing your information to le larc. However, you may unsubscribe from certain communications by notifying le larc that you no longer wish to receive solicitations or information. Le larc will remove you from the database, where you have the right to request this under the Privacy Policy, Terms of Use, or applicable law, or where le larc voluntarily decides to grant the request.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT
The le larc Website is directed to adults, over the age of 18. Le larc does not knowingly collect information from children under 13 years of age or have any reasonable grounds for believing that persons under the age of 13 are accessing the Website. If le larc discovers any inadvertently collected Personal Information of a person under the age of 13, that information will be swiftly deleted from its’ records. If you believe that le larc may have any information from a person under age 13, please contact le larc at lindsay@lelarc.com.
YOUR CALIFORNIA PRIVACY RIGHTS
Le larc welcomes residents of the State of California to use its Website, and complies with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Please send a written request to le larc, 1 Blackfield Drive, #181, Tiburon, CA 94920.
Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. If you have any questions contact le larc at: lindsay@lelarc.com.
USER ACCESS AND CONTROL
If you would like to access, review, correct, update, suppress, or otherwise limit our use of your personal information you have previously provided directly to us, you may contact us at lindsay@lelarc.com. In your request, please include your email address, name, address, and telephone number and specify clearly what information you would like to access, change, update, or suppress. We will try to comply with your request as soon as reasonably practicable.
We reserve the right to make changes to this Privacy Policy at any time. If we change our privacy policy, we will notify you via email sent to the email address you provide at the time of registration as well as post an updated version of this Privacy Policy on our website so that you and other users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Changes will not apply retroactively and changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the Website. Your continued use of the after any such changes constitutes your acceptance of the new Privacy Policy. You should also check back from time to time to ensure you are aware of any changes.
TERMS OF USE
This Website is owned and operated by Lindsay Regan, dba ‘le larc,’ a California Company. In this Terms of Use, the user may be referred to as “you” and le larc may be referred to as “us”, “we”, or “our.” By using or accessing the le larc Website (“Website”) you agree to these Terms of Use and the Privacy Policy.
TERMS OF CREATING AN ACCOUNT & WEBSITE ACCESS
You must be at least 13 years old to use the le larc Website.
The le larc Website is intended for personal use only.
You may not post violent, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content within blog comments, or as email content to le larc.
Le larc may delete, alter, edit, or remove any content posted by users.
You are responsible for keeping your password secret and secure.
You may not use the Website for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Website and your Content, including but not limited to, copyright laws.
You will not interfere or disrupt the services of the Website or servers or networks connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
You may not inject content or code or otherwise alter or interfere with the way any the Website is rendered or displayed in a user's browser or device.
RIGHT TO CHANGE WEBSITE CONTENT
The Website will be updated the communication needs or desires of le larc develop, or as relationships with affiliates offering products changes. Le larc makes no guarantees that content provided through the Website will remain available to the public through the Website. Le larc may also update or alter the layout, designs, or links within the Website.
LINKS TO THIRD PARTY WEBSITES
Le larc links to third party websites through the Website for the purpose of facilitating information sharing and to share opportunities to purchase products from third-party retailers. Le larc makes no guarantees that the websites featured on these links provide accurate or complete content. Le larc does not warrant that these products offered by third-parties are fit for any particular purpose or are error or defect free. Links provided through the Website do not create an endorsement relationship or an affiliation with le larc. Le larc reserves the right to remove these third party links at any time. Please review the terms of use or privacy policies of these websites for rights and restrictions.
USE OF LE LARC INTELLECTUAL PROPERTY
Unless otherwise noted, the Website, and all materials on the Website including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by le larc and other trademarks appearing on the Website are the trademarks of le larc and its affiliates.
CONTENT
By submitting content through blog comments as emails to le larc, you hereby irrevocably grant us a perpetual, irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use Your Content (content you have submitted). By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username you used to submit Your Content in attribution to Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any third party services and our and their users.
REPRESENTATIONS REGARDING YOUR USER CONTENT
You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Terms or any applicable laws. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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) arising from: (i) your use of and access to the Website any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Use or Privacy Policy (Agreements), including without limitation your breach of any of the representations and warranties you make in these Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the with your username, password or other appropriate security code.
THE SERVICE AND ANY PRODUCT YOU RECEIVE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LE LARC ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LE LARC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL LE LARC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
DELIVERY OF CONFIDENTIAL INFORMATION BY USER
Le larc discourages users from sending any confidential or proprietary information through the Website. Any information, materials, suggestions, ideas or comments sent to le larc will be considered non-confidential, and by submitting it, you are giving le larc the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
DIGITAL MILLENNIUM COPYRIGHT ACT & REQUESTS FOR CONTENT REMOVAL
If you believe that any content appearing on the Website infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent
le larc
1 Blackfield Drive, #181, Tiburon, CA94920
Email: Lindsay@lelarc.com
Le larc seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
COMMENTS & FEEDBACK
In compliance with your rights under California Civil Code 1789.3, you have the right to contact le larc with any complaints or to seek additional information. You may email le larc at Lindsay@lelarc.com. For any physical documents, you may send mail to 1 Blackfield Drive, #181, Tiburon, CA 94920.
If California users have any questions or complaints about le larc, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
ARBITRATION
By visiting the Website you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and le larc, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and le larc are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and le larc otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
ARBITRATION RULES AND GOVERNING LAW
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.