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Ratchet, Inc Feedback Support Advertise Privacy Policy & Terms and ConditionsPrivacy PolicyThe Company does not collect personally identifiable information about individuals who visit our site except when the information is specifically provided on a voluntary basis. Such instances where personally identifiable information may be gathered are contest or sweepstakes registration, the registration for subscription sites or services and in connection with content submissions, community postings (e.g., chat and bulletin boards), suggestions, voting/polling activities and transactional areas. However, the Company will learn certain information about you during your visit to the Web Site which you should be aware of. How the Company will handle information it learns about you depends upon what you do when visiting the Web Site. If you visit the Web Site to read or download information on its pages, the Company may collect and store only the following information about you:
If you identify yourself by sending the Company an e-mail containing personal information, then the information collected will be solely used to respond to your message. The information collected is for statistical purposes. The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of the Web Site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problems. For security purposes and to ensure that this service remains available to all users, the Company may use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. The Company will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. The user will have the opportunity to indicate whether he or she would like to "opt out" of receiving promotional and/or marketing information about other products, services and offerings from the Company and/or any third parties. Upon request, the Company will take reasonable efforts to delete a user's personal information from its database. It may be impossible to delete a user's entry without some residual information because of backups and records of deletions. Further, notwithstanding any opt-out of promotional information by the user, the Company reserves the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected. The Company will perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the Web Site. The Company will also inform advertisers of such information as well as the number of users that have been exposed to or clicked on their advertising banners. Only aggregated data from these analyses will be provided to third parties. The Company may sometimes permit third parties to offer subscription and/or registration-based services through the Web Site. The Company is not responsible for any actions or policies of such third parties if a user decides to subscribe or register on those sites and users should check the applicable Privacy Policy when providing personally identifiable information to third parties. Users should be aware that when they voluntarily disclose personally identifiable information (e.g., user name, e-mail address) on the bulletin boards or in the chat areas on the Web Site, that information and any substantive information disclosed in the communication can be collected and used by third parties. This could result in unsolicited messages from others who post on the Web Site and are beyond the control of the Company. The Company's Web Site may use cookies to facilitate easier navigation within the Web Site and provide a higher level of convenience for the visitor. A cookies is a small piece of information about an Internet session that may be created when a visitor accesses a web site. The cookies used on this Web Site are not written to the visitor's hard drive, exist only until the browser is shut down, do not contain any personal information regarding the visitor, and do not retrieve any information from the visitor's personal computer. The Company may disclose any of the above information, limited to the following exceptions:
The Company offers some of its products and services on or through other websites and other third parties. Personal information which you provide to any third party may be sent to the Company by said third party in order to deliver the service. The Company processes such information under this Privacy Policy. The aforementioned third party through which the Company’s products and services are offered may have different privacy practices and you are encouraged to read and understand any such privacy policies of any third party. Moreover, the Company may make available third party products and services through the website. The information collected by the Company when you access such third party products or services is processed by the Company under this privacy policy. Any information collected by such third party is governed by that third party-s privacy policies. In the event that the Company receives formal written complaints regarding this privacy policy, it is the Company’s policy to contact the complainant regarding his or her concerns. The Company will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any such complaints regarding the transfer of personal data that cannot be resolved between the Company and the complainant. The foregoing policies are effective as of the 6th day of May, 2009. The Company reserves the right to change this policy at any time and will notify users of the existence of a new privacy policy by posting such changes on the website. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party. Terms and Conditions This is a LEGALLY BINDING CONTRACT, please read these Terms and Conditions carefully. In the event that you do not understand any part or provision herein, you should seek competent legal counsel. Thank you for visiting Ratchet, Inc.'s (hereinafter the "Company") Web Site blogged.com (hereinafter "Web Site"). These Terms and Conditions constitute a legally binding contract between you and the Company. This contract applies to all products, services, and software provided by the Company through the Web Site. By accessing or using the Web Site in any way, you agree to comply with and to be bound by these Terms and Conditions. These Terms and Conditions are void where prohibited by law and any rights granted herein are consequently revoked in such areas. If you are not able to form a binding contract with the Company for any reason, or if you are prohibited from using or receiving the Company’s products and services for any reason, you may not use said services, products, or this web site. The information published on this web site, including these Terms and Conditions, was valid at the time of publication. The Company, however, reserves the right to make changes, modifications, and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. Any such changes, modifications, and improvements, including to these Terms and Conditions, shall take effect upon being posted on the Website, and your continued use of the Website shall constitute your consent to such changes, modifications, and improvements. The materials and information you find on the Company's Web Site are provided "as is", without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the Company's Web Site and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or noninfringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Furthermore, the Company does not represent or warrant that: (1) the use of the Company’s website, services, or products will meet your requirements; (2) the use of the Company’s website, services, or products will be uninterrupted, timely, secure, or free from error; (3) any information obtained as a result of your use of the Company’s website, services, or products will be accurate or reliable; and that defects in the operation or functionality of any software provided to you by the Company will be corrected. Authority to use. The Company grants you a limited, revocable, non-assignable and non-exclusive license to access and use the Website for personal use. Under no circumstances are you allowed to copy, duplicate, reproduce, sell or otherwise use the Website for commercial purposes without first obtaining express written consent from the Company, nor shall you assist or allow any third party to do so. By using the Website, you represent that you are at least Eighteen (18) years old, or the requisite age to use this website in your jurisdiction. If you are unable to meet such age requirements, you agree not to use the Website in any way and will exit the Website immediately. In any use of the Website, you agree not to: engage in or further any unlawful conduct; harm the Company or our advertisers, affiliates, or distributors; modify, reroute, impair, or otherwise modify the Website; interfere with any other individual's use of the Website or its services in any way, including, but not limited to, damaging, disabling, overburdening, or impairing the Web Site; resell or redistribute any product or service, or part thereof, contained on the Web Site. Furthermore, you agree not to access, or attempt to access, the website or any of its services or products, by any means other than through the interface provided by the Company. Moreover, you agree not to access, or attempt to access, any the website or any of its services or products through any automated means, including but not limited to, the use of scripts or web crawlers. If, in conjunction with services or products provided by the Company, you receive software from the Company, you agree to comply with the terms and conditions of the license presented to you for acceptance to use such software. The Company may, at any time and in the Company’s sole discretion, terminate this Agreement with you if: (1) you have breached any provision of this Agreement, or have acted in such a manner which clearly shows that you do not intend to, or are unable to, comply with these Terms and Conditions; (2) the Company is required to do so by law; (3) any third party with whom the Company offered the website, or the Company’s products and services, to you terminates its relationship with the Company or ceases to offer the Company’s website, products, or services to you; (4) the Company no longer provides the website, products, or services, whether in general, or in your specific jurisdiction; or (5) the provision of the website, or the Company’s products or services is, in the Company’s sole discretion, no longer commercially viable. Information and Accounts. The Company may require you to provide information about yourself in order to access the website, the Company’s products and services, or certain portions thereof. Whenever you provide information to the Company, you agree to provide true, accurate, complete, and current information. The Website may require you to register or open an account with the Company. You are responsible for maintaining the confidentiality of any password, username, or other account information, and you are fully responsible for all activity occurring under your password. You shall immediately notify the Company of any unauthorized use of your account information, or any other breach of security. The Company reserves the right to take any and all action, as it deems necessary or reasonable, in its sole discretion, to ensure the security of the Web Site and your account, including, but not limited to, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, the Company may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall the Company be held liable to you for any liabilities or damages resulting from or arising out of any action or inaction of the Company under this provision, any compromise of the confidentiality of your account or password, and any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder. While the Company employ reasonable measure to ensure the safety of your account and corresponding personal information, you understand and agree that such measures do not guarantee that use of the Web Site is invulnerable to all security breaches, and that the Company makes no warranty, guarantee, or representation that use of any of the Web Site is protected from viruses, security threats or other vulnerabilities. Liability. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that the Company is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and the Company reserves the right to remove such materials from the Web Site without liability. All liabilities are hereby limited to the maximum extent permitted by law. Accordingly, only the limitations which are lawful in your jurisdiction will apply to the Company’s relationship with you. Indemnification You agree to hold harmless and indemnify the Company and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the website, or the Company’s products or services, including any liability or expense arising from all claims, losses, damages (both actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, the Company will provide you with written notice of such a claim, suit or action. Products, Services and Content. The Company does not warrant that information, graphic depictions, product and service descriptions or other content of the Web Site is accurate, complete, reliable, updated, current, or error-free. Despite the Company's best efforts, it is possible that a price for a product or service offered on the Web Site may be inaccurate or the product or service description may contain an inaccuracy. In the event the Company determines that a product or service contains an inaccurate price or description, the Company reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including, but not limited to, canceling your order, unless prohibited by law. The Company may make improvements or changes to any of its content, information products, services, or programs described on the Web Site at any time without notice. You agree to notify the Company immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Web Site and comply with any corrective action taken by the Company. You agree to use the website at your own risk. You understand that in using the website, you may be exposed to material which you may find objectionable, offensive, and the like, and the Company shall not be responsible for any such material provided by any other party. Moreover, you shall be solely responsible of any content which you may create, transmit, or display while using the website or the company’s services or products. You further assume all consequences for any of your actions by so creating, transmitting, or otherwise displaying such content. Any of the Company’s software, products, services, or website which you use may automatically download and install updates at any time from the Company. Such updates are meant to improve, enhance, and further develop the Company’s website, products, and services. Said updates may take the form of bug fixes, enhanced functions, new software modules, and completely new versions of said software. You agree to receive these updates and permit the Company to deliver these to you in a manner to be determined solely by the Company, as part of your use of the website, or the Company’s products or services. Copyrights and other intellectual property. The contents of the Web Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by the Company and contain the Company's name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring the Company's services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted to you to use the Company's icons, site address, or other means to hyperlink other Internet sites with any page in the Company's Web Site, and Company assumes no responsibility for any other party's site hyperlinked to the Company's Web Site or in which any part of the Company's Web Site has been hyperlinked. Moreover, any such content provided by any party other than the Company, including you, which may be protected by any intellectual property rights, are the sole responsibility of such third party, and the Company shall not be responsible for protecting or enforcing such rights, nor does the Company have any obligation to do so. Any content appearing on the website, including but not limited to, any advertisements may also be protected by intellectual property rights which are, or may be, owned by the various sponsors or advertisers which provide such content to the Company. Consequently, you are prohibited from modifying, renting, leasing, loaning, selling, distributing, or otherwise creating derivative works based on any content appearing on this website. Any software contained, associated with, or used on the Web Site is the exclusive property of the Company or its software suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance, of the content on the Web Site is strictly prohibited. You hereby certify that you have the right to use any information you submit to the Web Site or Company for processing, printing, publication or in the furtherance of any use of the Company's services or goods and that the use of such information is in no way in violation of any agreement you have entered into or in violation of any third party's intellectual property rights or other legal or equitable rights. This certification includes your authorization to scrape any information from other sites or programs used in the preparation of the materials you submit to the Company. You hereby specifically indemnify the Company against any damages, suit or claim regarding such information and said rights and agree to defend any such and to hold harmless the Company for its involvement in any way with the information or transaction leading to the same. Any submission by you to the Company of a proposal, idea, concept, invention, method, or technique shall be done through private communication, accessible only to you and the Company and not by any public posting on this Web Site. In the event you do submit any such proposal, idea, concept, invention, method, or technique publicly on this Web Site, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use any such submission in any manner whatsoever without compensation or attribution to you. Furthermore, the Company shall not be under any obligation of confidentiality with respect to any submission. Moreover, you agree that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in any submission and that any submission to the Company, including the public posting of materials on the Web Site, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the information contained in any submission that you post, that the submission is accurate and, that use of the submission you post does not violate these Terms and Conditions and will not cause injury to any person or entity. If you post or display any other content through the website, you hereby grant to the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, display, transmit, and distribute any such content for the purpose of enabling the Company to promote and distribute the website and the Company’s products or services. You further warrant to the Company that you have all requisite rights and authority necessary to grant the foregoing license. The Company respects the intellectual property interests of other parties. If you believe that your work appears on the Web Site in a way that constitutes copyright infringement, you may notify the Company and provide the following information:
Links. The Company's Web Site may contain links to and frames of sites which are not maintained by the Company. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Company's Web Site does not imply the Company's endorsement of the linked or framed sites or their content. Moreover, the Company shall not be liable for any contractual arrangement which you may create with any third party. Communication. By sending us a message in a specified e-mail area, you agree to have it along with your name posted for public viewing both here and in other promotional and advertising materials of the Company without compensation. The Company may post as many messages as the Company deems, in its sole discretion, necessary, although the Company does not promise or guarantee to post every submission. All messages that are posted represent the opinions of users of the Company's Web Site and do not represent the ideas or opinions of the Company. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of the Company. In consideration of this authorization, you agree that any copy of this information which you make shall retain all copyright and other proprietary notices contained here in the Web Site. Privacy. In order for the Company to provide you with its services and products, the Company may collect certain information, which will not personally identify you. For more information, please see the Company's Privacy Policy provided in full on this Web Site. The Company, in providing its backup services, shall backup all information internally on systems owned and operated by the Company. However, certain information related to the printing and publishing of customer's orders shall be transferred to third-party servicers under agreements requiring that said servicers maintain the confidentiality and safety of the information they receive. Payments and Pricing. This Section is applicable in all situations wherein you make payments directly to the Company. If you pay any third party, any charges or fees incurred are your sole responsibility. When making a payment to the Company, by any payment method, you represent that you are authorized to make payments through such methods. You agree to maintain your billing information current. If you cancel any payment to the Company, the Company may, in its sole discretion, cancel any service or product to be provided. You authorize the Company to charge you for any fees, services, or products you incur or use by using your payment method. All charges and fees shall be paid in advance. If you receive a limited time of free service or access to a product, you must cancel the service by the end of the trial period if you do not wish to incur charges for services or products provided. The price listed for the Company's products and services exclude all applicable taxes unless otherwise stated on the Web Site. You are solely responsible for any taxes incurred. Any currency exchange fees are based on your separate agreement with your payment provider. While the Company may change the price of its products and services at any time, the Company will inform you before it does so. If there is a specific length of time and price associated with your use of the Company's products or services, said price shall remain in effect for that specific length of time, afterwhich the products and service shall be billed at the then current rate. If your use of the Company's products and services is billed on a periodic basis (for example, on a monthly or yearly basis), with no accompanying length of time, the Company shall notify you of any price changes within Thirty (30) days of the change. Except as prohibited by law, the Company may charge reasonable late fees, but not to exceed the maximum amount allowable by law, if you do not pay for any services or products on time. You must pay said late fees immediately upon being billed for them by the Company. The Company may, in its sole discretion, use a third party to collect any past due amounts, including late fees, and you will be responsible for all reasonable costs incurred by the Company in doing so. Said costs may include reasonable attorney's fees and other legal costs. The Company may cancel your services or products at any time if you fail to pay for said services and products on time. The current fees for the Company’s backup services are as follows: (a) The first 30 days of service is free of charge (30-day free trial); (i) If you wish to terminate the 30-day free trial, you must do so in writing to the Company at the Company’s principal business address provided by accessing the “contact us” link on the website. If you do not wish to be charged the regular fee for the Company’s backup services, the Company must be notified of the aforementioned termination prior to the thirtieth (30th) day of the 30-day free trial period. If such termination is not received prior to the thirtieth (30th) day of the 30-day free trial period, the credit card account which you provided to the Company will be charged the regular fee backup fee on the thirty-first (31st) day. (b) After the expiration of the30-day free trial, the regular fee for the Company’s backup service shall be $4.99 plus taxes and applicable fees, charged to the credit card account which you provided to the Company monthly until a termination notice is received by the company in the same manner as provided in the preceding paragraph. Credit Card Purchases. The Company is concerned about your right to privacy. When you visit this Web Site, you can be assured that any information you share with us will be treated confidentially. Information provided for your purchase (including, but not limited to, billing name, billing address, telephone number, and fax number) will not be shared or sold to anyone outside of the Company nor to any third party. Payment information (credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments. The Company uses Authorize.net software to protect your billing information. Authorize.net software encrypts information and keeps the data private and confidential between your machine and the Company. This technology makes it safe to transmit your credit card number over the Internet. Refunds. Unless otherwise required by law or provided in any specific offer by the Company, all charges are non-refundable. The cost of any allowed return shall be at your own expense. Notice. The Company may provide notice to you by e-mail to the e-mail address provided in your account information, or by posting said notice on the Web Site. Any notice provided to you by e-mail shall be deemed given and received on the transmission date and time of the e-mail. You must provide notice to the company in writing, by first-class mail, certified mail with return receipt requested, postage prepaid, only to the Company's address listed on the Web Site. Interpretation and Controlling Law. These Terms and Conditions shall be governed by, and construed under, the laws of the State of Utah. Each and every party agrees that jurisdiction and venue for all purposes shall be in the County of Utah, in the State of Utah, and as a result of accepting these Terms and Conditions, subjects itself to jurisdiction and venue in said situs. All provisions of this contract shall apply to the maximum extent permitted by law. If any provision of this Note is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. Entire Agreement. These Terms and Conditions, and any exhibits noted herein and incorporated herein by reference constitute the entire agreement between the Parties. Neither Party has made any representation or promise, except as contained herein, that will be claimed as enforceable by either Party hereafter. Assignment. The Company may, in its sole discretion, assign this contract, in whole or in part, at any time without providing notice. You may not assign this contract or delegate any responsibilities hereunder. Any purported assignment or delegation in violation of this Paragraph shall be null and will be considered a breach of these Terms and Conditions by the you. Time. Time is of the essence of these Terms and Conditions. General Provisions. The Company may delay enforcing any of its rights or remedies hereunder without losing them. You, to the extent allowable by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any change of these Terms and Conditions, and unless otherwise expressly stated in writing, you shall not, in any way, be released from liability. If you desire to bring a claim related to these Terms and Conditions, you must do so within one year. Said one-year period shall commence on the date when your claim first could be filed. If you fail to file a claim on time, said claim shall be permanently barred. Said bar shall apply to you and your successors. Headings. The headings in this Note are for convenience only and shall not be interpreted to limit or affect in any way the meaning of the language contained in this Note. Force Majuere. Neither party will be liable for any failure or delay in performing an obligation under this Agreement that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omissions, laws or regulations, labor strikes or difficulties, transportation stoppages or slowdowns or the inability to procure parts or materials. If any of these causes continue to prevent or delay performance for more than 180 days, the non-delaying party may terminate this Agreement, effective immediately upon written notice to the delaying party. Cessation of Terms and Conditions If these Terms and Conditions come to an end, all of the rights, obligations, and liabilities that you and the Company have benefitted from, been subject to, or which have accrued over time while these Terms and Conditions have been in force, or which are expressed to continue indefinitely, shall be unaffected by such cessation. |
