TERMS AND CONDITIONS
- Disclaimer. SINUSHEALTH.COM is owned and operated by the American Rhinologic Society (hereinafter sometimes “ARS”), a nonprofit charity whose purpose is to advance the science and art of medical care for patients with rhinologic disorders. The information provided herein is provided for informational purposes only, and, while it is believed to be current and accurate at the time of posting, it is not intended to be, and should not be considered as being, medical advice to any individual for any healthcare or medical issue or malady. Individuals should consult with their own medical doctor or other healthcare professional for medical and healthcare advice relating to any healthcare or medical matter. Physicians and other qualified health care practitioners should exercise their professional judgment in connection with the provision of services. References and links to third parties do not constitute an endorsement or warranty by the American Rhinologic Society. The American Rhinolgoic Soceity here disclaims all express and implied warranties of any kind.
- Warranties Disclaimed.The content of this website is provided “as is” and “as available.” Neither the American Rhinologic Society nor SINUSHEALTH.COM , nor their affiliates, subsidiaries, employees, officers, directors, trustees, nor their agents, representatives, suppliers, advertisers, promotional partners or licensors (herein “ARS Parties”) provide any express or implied representation or warranty of any kind or nature, including without limitation, any representation or warranty that the website or ARS Parties’ content is complete, accurate, reliable or noninfringing, access to this website will be uninterrupted, timely, secure or error free, the quality of any products, services, information or other material purchased or obtained by you through this website will meet your expectations, or that content on the website will remain unchanged or accessible on this website. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty or merchantability, fitness for a particular purpose , and/or non-infringing of intellectual property.
- Exclusions permitted by law. Some jurisdictions (BUT NOT NEW JERSEY) do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations which are lawful in your jurisdiction will apply to you and ARS’s liability will be limited to te maximum extent permitted by law.
- Indemnification.To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the American Rhinologic Society from and against all claims arising from or in any way related to your use of this website, a violation by you of these Terms of Use, or any other actions connected with your use of this website and/or the content of this website, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees.
- Term and Termination.These Terms of Use will take effect at the time you begin using this website. The ARS reserves the right, with or without notice, at any time and for any reason to deny you access to the ARS website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use this website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of this website, including any Content, in your possession.
- Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) this website, and iv) any products and services accessed or purchased through this websites shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in New Jersey. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of New Jersey and/or the United States District Court for New Jersey shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. Each party irrevocably waives any and all right to trial by jury I any legal proceeding. The American Rhinologic Society reserves all rights and remedies available to it in law or equity.
Neither party consents nor agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for New Jersey or any State of New Jersey.
- Governing Law. These Terms of Use and all matters regarding your use of the this website shall be governed by, construed in accordance with, and enforced under the laws of the State of New Jersey applicable to contracts made and executed and wholly performed in the State of New Jersey, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods applies and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.
- Waiver and Severability.The failure of the American Rhinologic Society to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
- Complete Agreement.These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the American Rhinologic Society relating to this website and its use by you, and supersedes any previous written or oral communication regarding use of the this website.
- Contact Information.If you have any questions or concerns regarding these Terms of Use or this websites, please visit our “Contact Us” page.
- Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of this website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
- Use of this website and its content outside of the United States.The American Rhinolotic Society makes no claims regarding access or use of this website or its content outside of the United States. If you use or access this website or the website’s content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.
PRIVACY NOTICE
Personal information you disclose to us
Information automatically collected
- Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Website (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).
- Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
- Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Website. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.
We use the information we collect or receive:
- To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- To protect our Services. We may use your information as part of our efforts to keep our Website safe and secure (for example, for fraud monitoring and prevention).
- To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
- To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
- Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Website.
- Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.
- To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
- To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the “WHAT ARE YOUR PRIVACY RIGHTS” below).
- Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
- For other business purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.
- Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
- Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
- Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
- Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
- Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data on our behalf about how you interact with our Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.
- Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit or use the Website. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
- Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
- Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
- Advertising, Direct Marketing, and Lead Generation
- Content Optimization
- Web and Mobile Analytics
- Website Hosting
Account Information
- Contact us using the contact information provided.
- Contact us using the contact information provided.
CCPA Privacy Notice
Category | Examples | Collected |
A. Identifiers
|
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name
|
NO
|
B. Personal information categories listed in the California Customer Records statute
|
Name, contact information, education, employment, employment history and financial information
|
YES
|
C. Protected classification characteristics under California or federal law
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Gender and date of birth
|
NO
|
D. Commercial information
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Transaction information, purchase history, financial details and payment information
|
NO
|
E. Biometric information
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Fingerprints and voiceprints
|
NO
|
F. Internet or other similar network activity
|
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
|
NO
|
G. Geolocation data
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Device location
|
NO
|
H. Audio, electronic, visual, thermal, olfactory, or similar information
|
Images and audio, video or call recordings created in connection with our business activities
|
NO
|
I. Professional or employment-related information
|
Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us
|
NO
|
J. Education Information
|
Student records and directory information
|
NO
|
K. Inferences drawn from other personal information
|
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
|
NO
|
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
- Targeting cookies/Marketing cookies
American Rhinologic Society has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:
- Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history and financial information.
- whether we collect and use your personal information;
- the categories of personal information that we collect;
- the purposes for which the collected personal information is used;
- whether we sell your personal information to third parties;
- the categories of personal information that we sold or disclosed for a business purpose;
- the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
- the business or commercial purpose for collecting or selling personal information.
- you may object to the processing of your personal data
- you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
- you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
- you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.