WEB SITE TERMS & CONDITIONS OF USE AND PRIVACY POLICY
Downingnet.com, LLC offers this web site, WebOutletMall.com, including all
information, software, products and services available from this site or
offered as part of or in conjunction with this site (the "Web site"),
to you, the user, conditioned upon your acceptance of all of the terms,
conditions, policies and notices stated here, as well as any additional terms
and conditions that may apply to specific sections of the Web site or to
products or services offered on or through the Web site. Downingnet.com, LLC
reserves the right to make changes to these Terms and Conditions (including the
Privacy Policy attached hereto, which shall be deemed to be a part of these
Terms and Conditions) immediately by posting the changed Terms and Conditions
in this location. Your continued use of the Web site (including automated use)
constitutes your agreement to all such terms, conditions and notices, and any
changes to the Terms and Conditions made by Downingnet.com, LLC.
Personal and Noncommercial Use
The Web site is for your personal use and for noncommercial purposes, except as
expressly provided on the Web site, including for the sale or purchase of goods
or to engage in commerce with third-party merchants whose websites are
accessible from the Web site. You may not make commercial use of the data or
content found on this site, including, without limitation, .scraping. or other
manual or automated methods of collecting user e-mail addresses or other user
data, product descriptions, product prices, or any other information or content
on the Web site. As a condition to your continued use of the Web site, you
warrant to Downingnet.com, LLC that you will not (i)
use the Web site for any purpose that is unlawful or prohibited by these Terms
and Conditions, (ii) make any use of the Web site that, in Downingnet.com, LLC.s
sole determination, imposes an unreasonable burden on Downingnet.com, LLC.s
systems, (iii) make any attempt to gain unauthorized access to the Web site, or
any user account, computer system, or network connected to this Web site,
including by hacking, password mining, .phishing,. or other illicit means, or
(iv) use this Web site in connection with any referral programs, pyramid
schemes, chain letters, or spam operations.
Linking
Unless you are subsequently advised otherwise by Downingnet.com, LLC, you are
hereby licensed to create hyperlinks to the content on the Web site, provided
that the hyperlink accurately describes the content as it appears on the Web
site. Downingnet.com, LLC reserves the right to revoke this license generally,
or your right to use specific links, at any time. Under no circumstances may
you "frame" the Web site or any of its content or copy portions of
the Web site to a server, except as part of an Internet service provider's
incidental caching of pages. Each page within the Web site must be displayed in
full (including all trademarks, branding, advertising and promotional
materials), without any accompanying frame, border, margin, design, branding,
trademark, advertising or promotional materials not originally displayed on the
page within the Web site. You are not authorized to create any hyperlinks that
would state or imply a sponsorship or affiliation with Downingnet.com, LLC or
the Web site or portray Downingnet.com, LLC or the Web site in a false,
misleading, or otherwise objectionable manner.
Online Commerce
Relationship to Online Merchants. The Web site contains links
that allow users to access third-party web sites on which users may purchase
goods or services from online merchants. Downingnet.com, LLC is not a seller,
broker, or lender of any goods or services advertised, featured, or otherwise
mentioned on the Web site. Such third-party web sites may have privacy
policies, terms of use, or other policies that are different from those on the
Web site. You are encouraged to familiarize yourself with all policies of
third-party sites before using such sites. Notwithstanding any indication to
the contrary on the Web site, Downingnet.com, LLC does not control, monitor,
endorse, sponsor or have any responsibility whatsoever for third-party sites.
Your use of any third-party web site is solely at your own risk.
Commerce on Third-party Web Sites. You may wish
to purchase goods or services advertised or featured on the Web site that are
offered by merchants on third-party web sites. All transactions on third-party
websites are between you and the third-party merchant. Downingnet.com, LLC
shall have no responsibility whatsoever in the event that a dispute arises
between you and a third-party merchant. Downingnet.com, LLC does not endorse
any product or service or make any representation regarding the reliability,
quality, safety, availability or accuracy of any information, products, or
services provided on or through third-party web sites accessible via hyperlinks
on the Web site.
Coupons and Other Offers on the Web Site. The
Web site may contain coupons, promotions, or other offers relating to goods or
services offered by third-party merchants. Downingnet.com, LLC does not control
and cannot guarantee the accuracy, validity, or legality of any coupon,
promotion, or other offer made available on the Web site, regardless of whether
such coupon, promotion, or other offer is provided by Downingnet.com, LLC or by
a user of the Web site.
Commerce on the Web site.Portions of the
Web site may offer users the ability to buy or sell products or services directly
on the Web site. You must be at least 18 years of age to buy or sell products
on the Web site. Downingnet.com, LLC makes no guarantees and provides no
protections with respect to the conduct of buyers or sellers on the Web site.
You fully assume all risk of participating in transactions on the Web site,
including any damages or harm arising out of your disclosure of personal
information to another user. Downingnet.com, LLC is not a party to any
transaction between users and has no responsibility to resolve any disputes
arising out of any transactions occurring on the Web site. Downingnet.com, LLC
shall have no responsibility whatsoever relating to the transactions conducted
by users on the Web site.
Disclaimer of Liability. You acknowledge and agree
that Downingnet.com, LLC shall not be liable for any loss, damage, or injury
arising out of (i) transactions between users
occurring on the Web site, (ii) any use of a third-party website, including
transactions between users and third-party merchants, (iii) any coupons,
promotions, or other offers made available on the Web site by Downingnet.com,
LLC or other users.
Software Available on Web Site
Any software that is made available to download from this Web site is the
copyrighted work of Downingnet.com, LLC and/or its suppliers. Your use of the
software is governed by the terms of the End User License Agreement, if any,
that accompanies or is included with the software. You may not install or use
any software without first agreeing to the terms of such End User License
Agreement. For any software not accompanied by an End User License Agreement, Downingnet.com,
LLC hereby grants to you a personal, nontransferable, non-sublicensable
license to use the software for viewing and other purposes within the scope of
use of such software anticipated by Downingnet.com, LLC in accordance with
these terms and conditions, and for no other purpose. Any such software is
provided to you subject to the warranty and liability exclusions set forth in
these terms and conditions.
User Content
Downingnet.com, LLC may allow you to upload, post, transmit or otherwise
provide information or content to the Web site, including, but not limited to,
photos, video, audio, comments, product listings, coupons, and any other
information or content that you post or otherwise transmit to the Web site
("User Content"). You agree that you are solely responsible for any
User Content that you post to the Web site.
Rules Governing User Content. This Web site, including
any portions of the Web site that allow users to post User Content, may only be
used for lawful purposes and in accordance with these Terms and Conditions. You
agree to abide by the following rules in using the Web site:
. Do not post User Content to the Web site if you are under the age of 13;
. Do not disrespect the privacy and views of others, or use the service to
stalk or harass another;
. Do not provide User Content that is harmful to minors in any way;
. Do not provide obscene, profane, sexually explicit, libelous, slanderous,
defamatory, harmful, threatening, illegal or knowingly false User Content;
. Do not provide User Content containing expressions of bigotry, racism or
hate;
. Do not provide User Content encouraging conduct that may constitute or
contribute to a criminal offense, give rise to civil liability or violate any
national, state or local law, regulation or authority;
. Do not impersonate another person, or permit any other person or entity to
use your identification to post or view User Content;
. Do not provide User Content that infringes on the copyright, trademark,
patent, trade secret (including unauthorized disclosure of any nonpublic
information concerning a third party.s anticipated product sales, discounts,
rebates, new product launches, or other proprietary information), or other
intellectual property rights of others;
. Do not provide User Content that violates the privacy or publicity rights of
others;
. Do not provide User Content that supports or provides resources to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
. Do not provide User Content containing malicious code, including but not
limited to computer viruses, Trojan horses, or other programs designed to
disrupt, damage, restrict, or provide unauthorized access to any computer
software or hardware or telecommunications equipment.
Respect the Intellectual Property Rights of Others. You may not post or
transmit to the Web site any content belonging to another party, without the
prior written consent of the owner of such content. Simply because material is
available on the Internet does not mean it is in the public domain. The vast
majority of materials on the Internet are protected by copyright and trademark
laws. You are solely responsible for any damages resulting from violation of the
copyright, trademark, or other rights of a third party that arise out of User
Content that you submit to the Web site.
Downingnet.com, LLC's Right to Remove User Content. Downingnet.com, LLC
shall have the right, but not the obligation, to monitor any User Content
areas of the Web site to determine compliance with these Terms and Conditions
and any other operating rules that may be established by Downingnet.com, LLC
from time to time. If Downingnet.com, LLC is notified or otherwise determines,
in its sole discretion, that any User Content violates these Terms and
Conditions, Downingnet.com, LLC may remove or request the removal of such User
Content. In addition, regardless of whether such User Content violates these
Terms and Conditions, Downingnet.com, LLC reserves the right (but is not
obligated) to edit or delete any User Content posted on the Web site that Downingnet.com,
LLC, in its sole discretion, views as objectionable or otherwise likely to
inhibit the enjoyment of the Web site by other users.
Downingnet.com, LLC's Right to Use User Content. Downingnet.com, LLC reserves
the right to record, re-purpose or re-publish User Content, including, for
example, on its web sites, newspapers, and broadcast stations. By posting User
Content, you are granting to Downingnet.com, LLC, its affiliates, subsidiaries,
and all of their officers, directors, employees, agents, licensors and
suppliers a worldwide, royalty-free, perpetual, non-exclusive and irrevocable
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display any User Content
submitted by you and/or to incorporate (in whole or in part) such User Content
in other works in any form, media or technology now known or hereafter developed.
Responsibility for User Content. You agree to defend, indemnify and hold harmless
Downingnet.com, LLC, its affiliates, subsidiaries, and all of their
officers, directors, employees, agents, licensors and
suppliers, from and against any and all claims, actions or demands, liabilities
and settlements, including, without limitation, reasonable legal and accounting
fees, resulting from, or alleged to result from, yours or another person.s use
of User Content that you submit to the Web site, including, without limitation,
any claim of libel, defamation, harassment, violation of rights of privacy or
publicity, loss of service, or infringement of intellectual property or other
rights, or violation of these Terms and Conditions.
NOTE TO USERS. Downingnet.com, LLC does not control and is not responsible for
User Content posted to the Web site and does not represent or guarantee the
truthfulness, accuracy or reliability of any User Content. ANY RELIANCE UPON
USER CONTENT ON THE WEB SITE IS AT YOUR OWN RISK. Downingnet.com, LLC shall not
be liable in any way for damages or harm arising out of User Content,
including, without limitation, claims that such User Content is offensive,
defamatory, obscene, or violates your rights or the rights of others.
Registration
You may be asked to provide personally-identifiable information in connection
with your use of the Web site. The use of your personally-identifiable
information is governed by Downingnet.com, LLC.s Privacy Policy contained
within these Terms and Conditions. By registering for the Web site, you agree
that you will not:
. Provide incomplete or inaccurate information about yourself;
. Select a user name or provide any other information with the intent of
impersonating and/or defaming another person;
. Select a user name or provide any other information that violates the
intellectual property or other rights of a third party; or
. Select a user name that is objectionable or offensive as determined by Downingnet.com,
LLC, in its sole discretion.
You are responsible for maintaining the confidentiality of your user name and
password and are responsible for all activity (whether by you or others) that
occurs under your account. You are encouraged to notify Downingnet.com, LLC
immediately of any actual or suspected breach of security relating to your
account. In no event will Downingnet.com, LLC be liable for any loss or damage
resulting from any use (whether authorized or not) of your account by a third
party.
Termination of Privileges
Downingnet.com, LLC reserves the right to suspend and/or terminate your
privilege of using all or any portion of the Web site if you breach any of
these Terms and Conditions or if, in Downingnet.com, LLC.s sole determination,
your conduct on the Web site is objectionable or would otherwise inhibit the
enjoyment of the Web site by other users. Without limiting the foregoing, if Downingnet.com,
LLC receives notice or otherwise discovers that you have violated (whether or
not repeated) another party's copyright, trademark rights, rights of privacy or
publicity, or any other rights of a third party, Downingnet.com, LLC may
terminate your access to the Web site, including all of your privileges or
accounts and related information that you may have established or obtained in
connection with the Web site. All of the disclaimers, exclusions of liability,
and indemnification obligations set forth in these Terms and Conditions shall
survive any suspension or termination of your privileges hereunder.
No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT. DOWNINGNET.COM, LLC MAKES NO WARRANTY THAT
ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW,
REGULATION OR REQUIREMENT. Downingnet.com, LLC, ITS AFFILIATES, SUBSIDIARIES,
AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY INFORMATION
PROVIDERS, MERCHANTS, LICENSORS, OR OTHER PARTIES USED TO PROVIDE THE WEB SITE
DO NOT WARRANT THAT THE WEB SITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE,
UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
Downingnet.com, LLC DISCLAIMS LIABILITY FOR ANY LOSS, DAMAGE, OR INJURY CAUSED
BY RELIANCE ON INFORMATION OBTAINED THROUGH THE WEB SITE OR ANY THIRD-PARTY
SITES ACCESSIBLE FROM THE WEB SITE.
No agent or representative has the authority to create any warranty regarding
the Web site on behalf of Downingnet.com, LLC. Downingnet.com, LLC reserves the
right to change or discontinue at any time any aspect or feature of the Web
site.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DOWNINGNET.COM, LLC, ITS
AFFILIATES, SUBSIDIARIES, AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, SUPPLIERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING,
STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA
OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF
THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE OR A THIRD-PARTY
SITE ACCESSIBLE THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER
OR INFORMATION PROVIDER TO DOWNINGNET.COM, LLC, OR ITS AFFILIATES,
SUBSIDIARIES, AND ALL OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
LICENSORS AND SUPPLIERS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY
LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE
INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
Because some states do not permit the exclusion or limitation of liability for
consequential or incidental damages, some or all of the above limitation may
not apply to you. In such states, Downingnet.com, LLC.s liability with respect
to the Web site and any third-party web site accessible through the Web site is
limited to the greatest extent permitted under applicable law.
In the event that you become dissatisfied with the Web site, including all
information, products, or services available on or through the Web site, your
sole and exclusive remedy is to discontinue your use of the Web site.
Indemnification
You agree to defend, indemnify and hold Downingnet.com, LLC, its affiliates,
subsidiaries, and all of their officers, directors, employees, agents,
licensors and suppliers harmless from and against any and all claims, actions
or demands, liabilities and settlements, including, without limitation,
reasonable legal and accounting fees, resulting from, or alleged to result
from, your use of the Web site, or any content, product or service offered
through the Web site, in a manner that violates or is alleged to violate these
Terms and Conditions. Downingnet.com, LLC shall provide notice to you of any
such claim, suit or proceeding and shall reasonably cooperate with you, at your
expense, in your defense of any such claim, suit or proceeding.
Copyright
Except for material in the public domain under United States copyright law, all
material contained on the Web site (including all software, HTML code, Java
applets, Active X controls and other code) is protected by United States and
foreign copyright laws. Except as otherwise expressly provided in these terms
and conditions, you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, modify, rewrite, create derivative works from,
transfer, or sell any material contained on the Web site without the prior
consent of the copyright owner. None of the material contained on the Web site
may be reverse-engineered, disassembled, decompiled, transcribed, stored in a
retrieval system, translated into any language or computer language,
retransmitted in any form or by any means (electronic, mechanical, photo
reproduction, recordation or otherwise), resold or redistributed without the
prior written consent of Downingnet.com, LLC. Violation of this provision may
result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own
personal and noncommercial use only, provided any copies include the copyright
and other notices displayed with the materials on the Web site. You may not
distribute such copies to others, whether or not for a charge or other
consideration, without prior written permission from Downingnet.com, LLC or the
copyright owner of the copied material. Requests to reproduce materials on the
Web site for distribution or other purposes should be emailed to:
Trademarks may appear on the Web site with permission from their respective
owners. Your unauthorized use of trademarks appearing on the Web site may
constitute trademark infringement, which could subject you to substantial civil
penalties.
Copyright Infringement
Downingnet.com, LLC will not tolerate copyright infringement of any kind. Downingnet.com,
LLC does not, however, monitor user-submitted materials for copyright
infringement. If you believe that any material on the Web site infringes your copyright,
you may seek to have the material removed by sending Downingnet.com, LLC notice
that includes all of the following information:
. your full name, address and telephone number
. your e-mail address
. identification of the copyrighted work(s) that you believe is being infringed
. identification of the infringing material and information sufficient for Downingnet.com,
LLC to locate the material
. your statement of good faith belief that (a) the material infringes your
copyrights, (b) the information provided in the notice is accurate and (c)
under penalty of perjury, you are authorized to act for the copyright owner
. your physical or electronic signature
Direct such notice to Downingnet.com, LLC.s designated agent for receiving
copyright infringement notices:
***Please use this contact information only to report copyright infringement.
Contact information for other matters is provided elsewhere in these Terms and
Conditions***
Upon receipt of notice complying with the above requirements, Downingnet.com,
LLC will act to remove infringing materials and, if applicable, send notice to
the user that posted such materials on the Web site.
If Downingnet.com, LLC removes materials posted by you as a user due to alleged
copyright infringement, you may seek to have the materials reinstated by
notifying Downingnet.com, LLC's designated agent in writing and including the
following information:
. your full name, address and telephone number
. your e-mail address
. identification of the material that has been removed or to which access has
been disabled, including its location before it was removed or disabled
. your statement under penalty of perjury that you have a good faith belief
that the material was removed or disabled as a result of mistake or
misidentification of the material
. your statement consenting to the jurisdiction of the Federal District Court
for the district in which your address is located, or, if you reside outside of
the United States, for the Eastern District of Virginia, and that you will
accept service of process from the person who provided notice of copyright
infringement or from such person's agent
. your physical or electronic signature
Upon receipt of a notice meeting the above requirements, Downingnet.com, LLC
will send a copy of the notice to the copyright owner who initially claimed
copyright infringement. Within 10 to 14 days following receipt of the notice, Downingnet.com,
LLC will replace or enable access to the removed material unless Downingnet.com,
LLC receives notice from the copyright owner who submitted the first
notification that it has filed an action seeking a court order to restrain the
user that posted the materials from engaging in infringing activity. Please
note that parties who misrepresent that materials are infringing are subject to
substantial civil liability to Downingnet.com, LLC and/or the copyright owner
or Web site user.
General
These Terms and Conditions (including the WebOutletMall Privacy Policy
attached hereto), constitute the entire agreement and understanding
between you and Downingnet.com, LLC with respect to use of the Web site,
superseding all prior or contemporaneous communications and/or proposals. Any
failure to enforce a right or section of these Terms of Service shall not
constitute a waiver of such right or section by Downingnet.com, LLC. These
Terms and Conditions also are severable, and in the event any provision is
determined to be invalid or unenforceable, such invalidity or unenforceability
shall not in any way affect the validity or enforceability of the remaining
provisions. These Terms and Conditions shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia without giving effect
to any principles of conflicts of law. A printed version of these Terms and
Conditions shall be admissible in judicial or administrative proceedings based
upon or relating to use of the Web site to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
Jurisdiction
The Web site is controlled and operated by Downingnet.com, LLC from its
principal office in the State of Texas, United States of America. Downingnet.com,
LLC makes no representation that materials on the Web site are appropriate or
available for use in other locations. Those who choose to access the Web site
from other locations do so on their own initiative and are responsible for
compliance with local laws, if and to the extent local laws are applicable. The
Web site is not intended to subject Downingnet.com, LLC to the laws or
jurisdiction of any state, country or territory other than the State of Texas
and the United States of America.
DOWNINGNET.COM, LLC PRIVACY POLICY
For each visitor to the Web site, Downingnet.com, LLC's servers automatically
collect information about which pages are visited and the domain name of
visitors. This information is used for internal review, to tailor information
to individual visitors and for Web site traffic audits. Downingnet.com, LLC
also provides this information (as well as information from third-party market
researchers) about users on an aggregated, anonymous basis to advertisers. To
prevent unauthorized access, maintain data accuracy, and ensure the correct use
of the information, Downingnet.com, LLC has put in place appropriate physical,
electronic, and managerial procedures to safeguard and secure the information
collected on the Web site.
Downingnet.com, LLC may place a "cookie" on the browser of your
computer. The cookie itself does not contain any personally identifying
information. A cookie may be used to tell when your computer has contacted the
Web site. Downingnet.com, LLC uses the information for editorial purposes and
for other purposes such as delivery of features and advertisements, so Downingnet.com,
LLC can customize delivery of information to you without compromising privacy.
For example, cookies may be used to ensure that you will not see the same banner
advertisement too often in a single session. Downingnet.com, LLC also uses
cookies when you link to third-party web sites from the Web site . this allows Downingnet.com,
LLC to collect commissions on purchases at certain stores.
Downingnet.com, LLC may, in the course of providing services through the Web
site, ask you to disclose voluntarily certain information about yourself. This
could include information that identifies you or your household. Any
information in Downingnet.com, LLC's possession solely as a result of your use
of the Web site and that is associated with you or your household is considered
"Personal Information." It consists of both information supplied by
you (e.g. name, address, telephone number and e-mail address) and information collected
about how you use the Web site (e.g., the fact that you have bought merchandise
through the Web site). Personal Information does not include statistical data
about large numbers of users, none of whom are identifiable, nor does it
include information that you have posted for public view on the Web site or
otherwise publicly disclosed.
You can access all your Personal Information collected on the Web site by
checking your user account profile. Downingnet.com, LLC will use this procedure
to better safeguard your information. You will be able to correct factual
errors in your Personal Information by sending Downingnet.com, LLC a request
that credibly shows the error. To protect your privacy and security, Downingnet.com,
LLC will also take reasonable steps to verify your identity before granting
access or making corrections to your account information.
Like many other commercial sites, the Web site may utilize an electronic file
called a web beacon to count users who have visited a page or recognize users
by accessing certain cookies. The Web site and/or the web sites of advertisers
and merchants with which Downingnet.com, LLC has a relationship may use web
beacons (a) for auditing purposes and to collect information from the web sites
of certain advertisers or merchants; (b) to report anonymous individual and/or
aggregate information about users from such advertisers or merchants. Aggregate
information may include demographic and usage information. No personally
identifiable information about you is shared with such advertisers or
merchants. You may choose to opt-out by contacting Downingnet.com, LLC in
accordance with the information set forth at the bottom of this policy.
Downingnet.com, LLC uses Personal Information only for purposes necessary to provide
the Web site and other products and services to you. These purposes are:
. to process requests or orders placed with advertisers or merchants
. to perform such normal business operations as billing, collecting and
accounting
. to personalize and publicize the Web site based on your interests, including
making you aware of editorial features, advertisements and commercial items
. to investigate complaints and to protect the Web site and Downingnet.com, LLC,
its readers and employees as provided by law or in case of emergency, as
determined by legal counsel for Downingnet.com, LLC
Except as necessary to process your requests or orders placed with advertisers
or merchants featured on the Web site, Downingnet.com, LLC does not rent, sell,
barter or give away any lists containing Personal Information for use by any
outside company. Downingnet.com, LLC may transfer Personal Information if the
company or one of its business units is acquired by, sold to, or merged with
another company. Downingnet.com, LLC also respects the privacy of data on your
personal computer and does not access, read, upload or store data contained in
or derived from your private files without your authorization.
Links
The Web site contains links to other sites. Downingnet.com, LLC is not
responsible for the privacy practices or the content of such Web sites,
including any sites that may indicate a special relationship or partnership
with Downingnet.com, LLC (such as co-branded pages or "powered by" or
"in cooperation with" relationships). Downingnet.com, LLC does not
disclose personally identifiable information or unique identifiers to those
responsible for the linked sites. The linked sites, however, may collect
personal information from you that is not subject to Downingnet.com,
LLC's control. To ensure protection of your privacy, always review the privacy
policy of the sites you may visit by linking from the Web site.
Opt Out Procedures
If you register for e-mail notifications through the Web
site, you are agreeing to receive such e-mail notifications from
WebOutletMall.
You always may opt out of receiving future mailings or other information from
WebOutletMall. If the mailing does not have an e-mail
cancellation form, you may change your e-mail subscription preferences by
going to the unsubscribe page on the Web site. You may also send an e-mail to
newsletter@downingnet.com detailing the type of information that you no longer
desire to receive.
Children's Privacy
The Web site is not directed to children. Downingnet.com, LLC will not
knowingly collect any Personal Information from any users of the Web site under
the age of 13 absent consent from a parent or legal guardian. The following
additional terms, conditions and notices apply to use of the Web site by
children under the age of 13 years whenever Downingnet.com, LLC becomes aware
that a user is in that age range:
.Downingnet.com, LLC will not knowingly allow users under 13 years of age to
submit or post information on the Web site without the consent of the
user's parent or legal guardian.
.Although Downingnet.com, LLC will apply these children's terms and conditions
whenever it becomes aware that a user who submits Personal Information is less
than 13 years old, no method is foolproof. Downingnet.com, LLC strongly
encourages parents and guardians to supervise their children's online
activities and consider using parental control tools available from online
services and software manufacturers to help provide a child-friendly online
environment. These tools also can prevent children from disclosing online their
name, address, and other personal information without parental permission.
. "Personal information" collected from children may include any of
the information defined above as "Personal Information" with respect
to general users of the Web site and may be used by Downingnet.com, LLC for the
same purposes. Except as necessary to process a child's requests or orders
placed with advertisers or merchants featured on the Web site, Downingnet.com,
LLC does not rent, sell, barter or give away any lists containing a child's
Personal Information for use by any outside company.
. If a child enters a game, contest or other activity sponsored by Downingnet.com,
LLC on the Web site, the child may be required by Downingnet.com, LLC to
provide the minimum Personal Information reasonably necessary for the child to participate
in such activity.
. A child's parent or legal guardian may request Downingnet.com, LLC to provide
a description of the Personal Information that Downingnet.com, LLC has
collected from the child, as well as instruct Downingnet.com, LLC to cease
further use, maintenance and collection of Personal Information from the child.
. If a child voluntarily discloses his or her name, e-mail address or other
personally-identifying information on chat areas, bulletin boards or other
forums or public posting areas, such disclosures may result in unsolicited
messages from other parties.
Contacting Us
If you have any questions about this privacy statement, the practices of the
Web site, or your dealings with Downingnet.com, LLC, you may contact us at:
Downingnet.com, LLC
Attn: Todd Downing
e-mail: weboutletmall@downingnet.com