EFFECTIVE: June 14, 2016
PLEASE READ THIS WEBSITE PRIVACY NOTICE AND POLICY CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO THE PROVISIONS OF THIS POLICY. IF YOU DO NOT AGREE TO TERMS AND CONDITIONS OF THIS POLICY, DO NOT ACCESS THE WEBSITE.
This Website Privacy Notice and Policy (Policy) describes the current policies of NiteSite LLC NiteSite and its corporate affiliates, (we, us or NiteSite) with respect to our collection and use of certain information through our website www.nitesite.com/usa, and all other websites and pages operated by NiteSite (collectively Websites). To the extent that we collect Personally Identifiable Information through other means, our policies may be different from those described in this Policy.
By accessing and using the Website, you consent to our collection and use of your information as described in this Policy or as this Policy may be amended or modified from time to time as described herein below. In addition, please review our Website Use Agreement and Disclaimer of Liability, which contains terms and conditions governing your use of the Website.
For purpose of this Policy, the following definitions apply: Cookie. A cookie is information that a Website puts on your hard disk so that it can remember something about you at a later time. (More technically, it is information for future use that is stored by the server on the client side of a client/server communication.) Typically, a cookie records your preferences when using a particular site.
Non-Personally Identifiable Information (non-PII).
Non-PII is information which is anonymized or cannot be used to identify you in any way. Personally Identifiable Information (PII). PII is information which can be used alone or in conjunction with other data elements to identify you.
2. Collection and Use of Information.
However, our usage of cookies, files, applications, or programs is in no way tied to PII. During your visit to the Website, if you voluntarily provide us with PII (information that identifies who you are, including without limitation your name, age, mailing address, phone number, and email address), we will use and retain that information for the purpose for which it is provided.
Depending upon the activity in which you are attempting to engage, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you may not be able to engage in that activity on the Website. NiteSite may use PII to enhance the operation of the Website, fill orders, improve our marketing and promotional efforts, statistically analyze site usage, improve our product and service offerings, and customize the Website content, layout and services. We may use PII to deliver information to you and to contact you.
NiteSite may also, subject to applicable legal restrictions, provide information, including PII, provided by you to third-parties who assist us in providing requested products and services such as shipping companies who deliver requested products. We may also use PII to provide you with information on other products and services in which we believe you might be interested. In addition, we may, subject to applicable legal restrictions, provide certain information provided by you to others who provide products and services in which we believe you might be interested. Please note that such third-parties may have different privacy policies than we do.
In the event that any NiteSite affiliate is merged or transfers its assets, site or operations, NiteSite may, subject to compliance with any applicable legal obligations and to the extent permitted by law, disclose or transfer your PII in connection with such transaction. We may also disclose PII and other information when we are required to do so or, in good faith, believe that the law requires it.
3. A Special Note about Children.
The Website is not intended to be used by children under 13 years of age. Children under the age of 13 are not eligible to use the Website, and we ask that children not submit any information, personal or otherwise, to us. We do not knowingly collect information about children under the age of 13. If we become aware that we have been provided information about a child under the age of 13, we will immediately and permanently delete that information from our records.
4. Removal/Correction of Information.
Where determined to be practical in NiteSite's sole discretion, we will provide certain opportunities for you or others to express preferences regarding our use of information that you provide, such as opportunities to decline to receive informational emails. If you want us to modify or remove information about you from our records, please contact us by mail at NiteSite LLC, 2574 Gravel Drive, Fort Worth, TX 76118, or email@example.com.
Please include your name, mailing address and e-mail address when you contact us. You must describe the information that you want removed or modified in sufficient detail to allow us to locate that information in our records.Please note that a request to remove or modify information may prevent us from providing certain products or services to you.
We will not remove or modify information associated with your prior purchase or registration of a product. Additionally, it may be impossible for us to completely delete or modify information without some residual information remaining in back-ups or other historical databases we may maintain. NiteSite is not responsible for verifying the authenticity of requests to remove, update or correct information. However, we reserve the right to refuse to modify information if we request proof of identity or authority and the requesting party does not furnish appropriate proof of identity or authority. Please note that we can only remove or modify information in our records, and we do not have the ability to modify or remove third-party records.
NiteSite takes reasonable and appropriate precautions to maintain the security of PII in our possession. Except as otherwise provided by law, we do not assume responsibility or liability to you for any breach of our security or unintentional release of your PII. In addition, we do not maintain control or security over PII that we provide to third-parties, and we cannot and do not assume any responsibility or liability to you for any breach of their security or release of your PII.
6. Third Party Website Linkage.
This Policy applies solely to the Website. The Website may contain links to Websites owned or operated by third-parties. Your use of third-party Websites is done at your own risk and subject to any terms and conditions of use, privacy policies, and other practices or procedures for such Websites. NiteSite is not responsible or liable for the content of or your use of any third-party websites that you may access through links on the Website.
7. Policy Changes.
We may amend this Policy from time to time without notice and any revisions or new Policy is effective immediately upon posting. If you object to any changes in this Policy, you should submit a request to remove your information from our records as described in Section 4, above.
8.Disclaimer of Warranties.
THE WEBSITE IS PROVIDED 'AS-IS' WITH ALL FAULTS, AND NiteSite DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THE WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, NITESITE DOES NOT WARRANT THAT THE WEBSITE WILL FULFILL ANY USERS PARTICULAR REQUIREMENTS, THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OBTAINED THROUGH THE WEBSITE IS ACCURATE. NiteSite DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY VENDOR
9. Disclaimer of Liability.
NEITHER NITESITE NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER AGENTS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY TO ANY USER OR ITS PRINCIPALS OR AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT, COMMON LAW, OR ANY OTHER THEORY OF LIABILITY, STATUTE, OR REGULATION. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT NiteSite IS PROVIDING ACCESS TO THE WEBSITE IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS POLICY, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL NITESITE'S LIABILITY TO USER EXCEED THE FEES ACTUALLY PAID BY USER FOR USE OF THE WEBSITE.
Special Notification for California Residents.
Your Privacy Rights.
Users who reside in California and have provided PII to NiteSite may request information about our disclosures of certain categories of PII to third-parties for their direct marketing purposes. Such requests must be submitted to us at the mailing address or email address listed in Section 4 above. Within thirty (30) days of receiving such a request we will provide a list of the categories of PII disclosed to third-parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third-parties. This request may be made by a User no more than once per calendar year. We reserve the right to not fulfill your request should it be submitted to an address other than that which is listed in Section 4 above.