Know Your Rights!
These terms and conditions (the “Agreement”) govern the use of and access to the World Wide Web site reposed at the domain <ervinas.com> (the “Website”):
2. Your Entry Into The Agreement. Your access to and use of the Website is subject to this Agreement and all applicable laws and regulations. You covenant, represent, and warrant that Ervinas has provided You with consideration for Your entry into the Agreement by providing You with access to the Website. By accessing and using the Website, You accept, without limitation or qualification, this Agreement. Ervinas may modify this Agreement by posting a revised version of the Agreement on the Website at any time and without any notice other than updating the “Last Modified” date appearing at the top of the Agreement. Any revisions to the Agreement shall be effective upon posing of the revised Agreement to the Website, and Your continued use of the Website constitutes Your acceptance of that revised version of the Agreement. This Agreement can only be modified in a writing signed by Ervinas and cannot be modified by You or any other User. If you do not wish to enter into the Agreement and accept all the Agreement’s terms without limitation or qualification, please cease use of the Website and exit the Website immediately.
3. Permitted Use of the Website. You may use the Website solely for the purpose of learning about Ervinas and Ervinas’ services and products, and purchasing products offered for sale by Ervinas. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on the Website for any other purpose. The Website is not directed at children and contains content directed at adults only, and therefore You may not use the Website if You are under eighteen (18) years old. You shall not allow any use of the Website and/or viewing of Website Content by any natural person(s) who have not reached eighteen (18) years of age. Ervinas disclaims any responsibility or liability for any misrepresentations by You or any other viewer of Website Content regarding Your or any other natural person’s age.
- Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless You are the copyright owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that reveals trade secrets, unless You own them or have the permission of the owner;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Attempting to interfere in any way with the Website, or our networks or network security, or attempting to use our Website to gain unauthorized access to any other computer system;
- Accessing data not intended for You, or logging on to a server or account, which You are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Website, products, and/or services, or our provision of Services to any other users of the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” the Website.
4. Account Creation May be Required For Purchase. In order to make purchases from the Website, You may be required to create an account (a “User Account”). You shall not utilize anyone else’s User Account, and You shall not provide another person with the username and password necessary to access Your User Account. In creating a User Account, You must provide accurate and complete information. You are solely responsible for the activity that occurs with respect to Your User Account and must keep Your User Account password secure. You must notify Ervinas immediately of any breach of security or unauthorized use with respect to Your User Account. Ervinas shall not be liable for Your losses caused by unauthorized use of Your User Account, and You may be liable for Ervinas’ losses arising from or related to the unauthorized use of Your User Account. Unauthorized use of a User Account may result in termination of the User Accounts of the unauthorized user and/or the User Account holder.
6. Intellectual Property. Unless otherwise noted, the design of the Website, the Website as a whole, and content that is part of the Website including, without limitation, the marks “Ervinas” and “Interlo” (collectively the “Website Content”) constitute copyrighted material, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Ervinas or its affiliates. No portion of the Website Content, including trademarks, may not be used by You for any commercial purpose without Ervinas’ written consent. All non-open-source software, scripts, graphics, and interactive features used on the Website constitute the property of Ervinas or its suppliers and/or licensors and You may not use it for any purpose other than accessing and using the Website. You may not change or delete any proprietary notices from materials printed or downloaded from the Website. Ervinas reserves all rights not expressly granted in and/or to any of the Website Content. Use of any metatags or other hidden text utilizing any Website Content is expressly prohibited. You shall not frame or utilize framing techniques to enclose or link to any Website Content without Ervinas’ express written consent. You shall not use any data-mining bots or other data-gathering and/or extraction tools on the Website or with respect to the Website Content.
7. Electronic Communications. When You visit the Website or send e-mails to Ervinas, or when Ervinas posts notice on the Website or communicate with You via e-mail, You are communicating with Ervinas electronically. By accessing and using the Website, You consent to receive communications from Ervinas electronically. You agree that all notices, disclosures, agreements, and other communications that Ervinas provides to You electronically satisfy any legal requirement that such communications be made to You in writing. Your consent to receive communications and do business electronically, and Ervinas’ agreement to do so, applies to all of Your interactions and transactions with Ervinas.
8. E-Mail. Ervinas may use Your e-mail address to send You messages regarding, without limitation, changes to features of the Website, newsletters, and additional messages regarding Ervinas’ products, services, and promotions that Ervinas believes may be of interest to You. If You no longer wish to receive such promotional e-mails from Ervinas, You may click the “Unsubscribe” link contained within each such e-mail.
9. Third-Party Links. Ervinas may link to sites operated by third parties. However, Ervinas has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Ervinas. You access these third-party sites at your own risk. Ervinas specifically disclaims any responsibility if such third-party sites: (a) infringe any other third party’s intellectual property rights; (b) are inaccurate, incomplete, or misleading; (c) sell goods that are not merchantable or fit for a particular purpose; (d) do not provide adequate security; (e) contain viruses or other code or applications of a destructive nature; or (f) are libelous or defamatory. Ervinas does not endorse the content, or any products or services available, on such sites. While Ervinas welcomes Your feedback regarding such sites, Ervinas assumes no responsibility to act on such feedback, and any such feedback shall be non-confidential and non-proprietary.
10. Typographical Errors. In the event Ervinas mistakenly lists a product or service for sale at an incorrect price or with incorrect specifications, Ervinas reserves the right to refuse or cancel any orders for such incorrectly listed product(s) or services, whether or not such order has been confirmed and Your credit card charged. If Your credit card has been charged for the purchase and Your order is canceled, Ervinas shall issue a credit to Your credit card account in the amount of the incorrect price charged. In no event shall Ervinas be obligated to provide you with any product or service at an incorrectly listed price.
11. Colors. The colors depicted on the Website will display based on the settings of Your computer and/or monitor and may not accurately reflect actual colors. As such, Ervinas makes no guarantees that the actual colors of products or features will be the same as depicted photographically on the Website.
12. Disclaimer and Warranty. The Website, the Website’s content, and the materials and products depicted on the Website are provided as is, to the fullest extent permissible under applicable law. Ervinas hereby disclaims all warranties, whether express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Ervinas does not represent or warrant that the Website’s functionality will be uninterrupted or error-free, that any defects in the Website’s functionality will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful code or other components. Ervinas does not make any warranties or representations regarding the Website’s contents with respect to accuracy, usefulness, timeliness, reliability, or any other criterion.
13. Indemnification. You agree to indemnify, defend, and hold harmless Ervinas and Ervinas’ officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation of this Agreement or any activity related to Your use of the Website, including, without limitation, negligent or wrongful conduct, by You or any other person accessing the Website using Your Internet account. You are responsible for protecting and not disclosing Your username and password to others.
14. Limitation of Liability. Your use of the Website is at Your own risk. Neither Ervinas nor any of Ervinas’ subsidiaries, affiliates, officers, or directors, nor any of Ervinas’ agents or any other party involved in creating, producing, or delivering the Website or Website Content, are liable for any direct, indirect, punitive, incidental, special, consequential, or other damages arising from or related to the use of the Website, whether such allegations of damages are based on contract, tort, strict liability, or any other theory, even if Ervinas is advised of the possibility of any such damages.
15. Copyright Complaints. If You believe that Your copyright or other intellectual property rights have been infringed by Website Content, please provide the following information to Ervinas’ designated agent via email at email@example.com: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property; (b) a description of the copyrighted work or other work that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the Website; (d) Your address, telephone number, and email address; (e) a statement that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by You that the information in the notification is accurate, and, under penalty of perjury under the laws of the United States, that You are the copyright owner or are authorized to act on the copyright owner’s behalf.
16. Export Control. No software or technical data from the Website may be downloaded or exported into, or to a national or resident of, Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, any other country to which the United States has enacted an embargo of goods or technical data, or to anyone on the United States Department of the Treasury’s list of Specially Designated Nationals, or to anyone on the United States Department of Commerce’s Table of Deny Orders.
18. Assignment. Ervinas may assign Ervinas’ rights and duties under this Agreement to any party at any time without notice to You. You may not transfer or assign any of Your rights, licenses, and/or obligations under the Agreement.
19. Language. The Agreement is written in the English language. Ervinas does not guarantee the accuracy of any translated version of the Agreement, and, to the extent any translated version of the Agreement conflicts with the English version, the English version controls.
20. Additional General Provisions. In the event any provision(s) of the Agreement is or are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in the fullest force and effect possible. No waiver of any term of the Agreement shall be deemed a further or continuing waiver of such term or any other term, and Ervinas’ failure to assert any right or enforce any provision under the Agreement shall not constitute a waiver of such right or provision. Headings are solely for convenience of reference and shall not affect the meaning, construction, or effect of any portion of the Agreement.
1 – What do we do with your information?
When you submit any information through the Website, as part of the submission process, we collect the personal information you give us such as your name, address and/or email address. When you browse our website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our website, new products and other updates. You may choose to stop receiving communications from us including our newsletter or marketing emails by following the unsubscribe instructions in these emails or you can contact us at firstname.lastname@example.org.
We use this information to:
- Respond to customer service requests
- Send you a newsletter
- Respond to your questions and concerns
- Improve on our website
- To notify you about changes to our service.
- To update you regarding the update of our products
What rights you have over your data
If you have an account on this site or have opted-in to receive marketing materials, You can request that we erase your account or any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
2 – Consent
When you provide us with personal information to complete a transaction, submit a form, or create an account with us, we imply that you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us.
3 – Disclosure
We may disclose your personal information if we are required by law to do so or if we believe that such action is necessary to (a) conform to the law or comply with legal process served on us or affiliated parties; (b) protect and defend our rights and property, our site, the users of our site, and/or our affiliated parties; (c) act under circumstances to protect the safety of users of our site, us, or third parties.
4 – Payments
Credit card transactions are processed using authorize.net, a secure third-party payment processing company. When using your credit card to make payments on the Website, you may be redirected to their secure third-party gateway. The information you provide for payment will be stored on their secure servers. We do not store any payment information on our servers for your protection.
5 – Third-Party Services
The information we collect is used to improve the content of this site and the quality of our service, and is not shared with or sold to other organizations for commercial purposes. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. Certain providers may be located in, or have facilities that are located in, a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
6 – Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Cookies on this site are used for:
- Affiliate tracking
- Website-traffic analysis
- Referral tracking
8 – Minors
The Website is not intended for and may not be used by minors. “Minors” are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). Ervinas does not knowingly collect personal data from Minors or allow them to register. If it comes to our attention that we have collected personal data from a Minor, we may delete this information without notice. If you have reason to believe that this has occurred, please contact customer support.
9 – Marketing
You can opt-out from direct marketing by making a request to email@example.com or utilizing the opt-out options in all direct marketing emails.
California Supplemental Privacy Notice
This supplemental notice describes the rights of individuals who are California residents under the California Consumer Privacy Act of 2018 (CCPA). While we have set out the categories below as required by the CCPA, examples and other information that describes our data collection and use, as disclosed infra have not changed under this supplemental notice.
This Notice consists of the following sections:
- Your CCPA Rights
- Categories of Personal Information We Collect and Sources
- Categories of Third Parties with Whom We Share Personal Information
- Categories of Personal Information We Use for a Business or Commercial Purpose
- Your Choices for Advertising Cookies
1. Your CCPA Rights
Subject to certain restrictions, California residents have the right to request that we disclose what personal information we collect about you, to delete any personal information that we collected from or maintain about you, and to opt-out of any sale of personal information about you. As a California resident, you also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests, including our means of verifying your identity. If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us via our contact form, or you may also email us at firstname.lastname@example.org.
Right to request access to your personal information
You have the right to request a copy of your personal information. Under the CCPA, you can also request that we disclose the categories of personal information that we collect, use, or sell about you and the specific pieces of personal information that we have collected about you over the last 12 months. However, as permitted under the CCPA, we may withhold some information where the risk to you or your personal information is too great to disclose information, such as financial information or account passwords.
Right to request deletion of your personal information
You have the right to request that we delete personal information that we have collected from or about you. However, we may retain personal information as authorized under applicable law, such as personal information required or necessary to provide our services, to protect against fraudulent activity, to identify and fix bugs, to exercise our or another person’s free speech or other rights, to comply with law enforcement requests pursuant to lawful process, for scientific or historical research, for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. We need certain types of information so that we can provide our services. If you ask us to delete it, you may no longer be able to access or use our services.
How to exercise your access and deletion rights
You may exercise your access and deletion rights by submitting your request to email@example.com. While our contact form is the best way to reach us, you may also email us at firstname.lastname@example.org. For security purposes, we may request additional information from you to verify your identity when you request to exercise your access and deletion rights.
Right to non-discrimination for exercising your CCPA rights
The CCPA prohibits us from discriminating against you for exercising the CCPA rights described in this section. Such discrimination may include charging different prices for our services, providing or suggesting that you will receive a different level or quality of services, or refusing to provide services to you if you exercise your CCPA rights. We will not discriminate against you for exercising your CCPA rights.
2. Categories of Personal Information We Collect and the Sources
Depending on how you interact with us, Ervinas may collect the following categories of information as summarized below. This Notice does not apply to personal information we collect from our employees or job applicants in their capacity as employees or job applicants. It also does not apply to personal information we collect from our employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.
All of the categories of personal information we collect about you (as detailed below) come from the following categories of sources:
- You, including through your use of the Website or our services
- Automatically collected from you
- Our affiliate companies
- Third parties, such as when you give permission to social networks to share your information with us or where you have made your personal information publicly available online
We collect the following categories of personal information:
- Identifiers (such as name, address, and email address)
- Commercial information (such as transaction data)
- Financial data (such as billing information)
- Internet or other network or device activity (such as browsing history or app usage)
- Location information (e.g. inferred from your IP address)
- Other information that identifies or may be reasonably associated with you
3. Categories of Third Parties with Whom We Share Personal Information
We share the categories of personal information we collect about you (as detailed above) with the following categories of third parties:
- Our affiliate companies
- Aggregators (such as analytics services)
- Third parties (such as vendors that provide services to us and our integration partners)
4. Categories of Personal Information We Use for a Business or Commercial Purpose
We use all the categories of personal information we collect about you (as detailed above) for the following purposes:
- Providing our services (for example, account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about our services)
- For our operational purposes, and the operational purposes of our vendors and integration partners
- Improving our existing services and developing new services (for example, by conducting research to develop new products or features)
- Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity
- Bug detection, error reporting, and activities to maintain the quality or safety of our services
- Auditing consumer interactions on our site (for example, measuring ad impressions)
- Short-term, transient use, such as customizing content that we or our vendors display on the services
- Other uses that advance our commercial or economic interests, such as third party advertising and communicating with you about relevant offers from third party partners
- Other uses that we notify you about
5. Your Choices for Advertising Cookies
The CCPA requires businesses that “sell” personal information, as the term “sell” is defined under the CCPA, to provide California residents the right to opt out from such sales. The California Privacy Rights Act (“CPRA”) amends the CCPA to broadly define “sale” in a way that may include allowing third parties to receive certain information such as cookie identifiers, IP addresses, and/or browsing behavior to add to a profile about your device, browser, or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites. Depending on how you use the services, we may share the following categories of information for such interest-based advertising, which may be considered a “sale” as defined by the CPRA: (1) device information and identifiers, such as IP address and unique advertising identifiers and cookies; and (2) connection and usage information, such as browsing history or app usage. Although this obligation of the CPRA does not become effective until January 1, 2023, you may opt out of such advertising cookies within our cookie banner.