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Terms, Privacy, Disclosure & cookie policy

Terms of Service

These terms of service (“Terms of Service”) govern your use of the PMD Foundation websites, services and applications (the “Services”). By using or accessing the Services, you agree to be bound by these Terms of Service, as updated from time to time in accordance with Section 12 below. There may be instances when we offer additional terms specific to a product, application or service. To the extent such additional terms conflict with these Terms of Service, the additional terms associated with the product, application or service, with respect to your use of the product, application or service, will prevail. References to “the PMD Foundation,” “PMD Foundation,” “us,” “we,” and “our” mean the PMD Foundation.

You must be at least eighteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The terms and conditions contained on this page is subject to change at any time.

By using this website, you agree to the following Terms and Conditions and Privacy Policy. Please read them carefully before using this website.

Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of the PMD Foundation or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

You may use our intellectual property with clear and obvious credit back to our site that also includes a link back to the page where the materials, designs, images, text, quote or post is located when it is possible to do so.  You may use up to one image and one paragraph of text. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.

Your Communications

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.

For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

You may from time to time provide the PMD Foundation with suggestions, ideas or other feedback regarding the Services (“Feedback”). Both parties agree that the PMD Foundation shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have a medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at hi@29designstudio.com.

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Term and Termination

We reserve the right, in our sole discretion, to terminate your access to all or part of the Services, with or without notice.

Upon termination, all rights granted to you in these Terms of Service will immediately cease.

To the extent that you have a subscription that extends beyond termination of these Terms of Service, unless such termination is due to your breach, the subscription shall remain in force for the period set forth in the subscription’s terms or subscription order.

Any provision of these Terms of Service that expressly or by implication is intended to continue in force after termination or expiration of these Terms of Service will survive.

Corrections

The Services may contain errors or inaccuracies and may not be complete or current. the PMD Foundation, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

Injunctive Relief

You agree that any breach of your obligations with respect to the PMD Foundation’s proprietary or intellectual property rights will result in irreparable injury to the PMD Foundation for which money damages are inadequate, and you, therefore, agree that the PMD Foundation shall be entitled to seek injunctive relief, without the requirement of posting a bond, in addition to any other relief that a court may deem proper.

Privacy Policy & Consents

The PMD Foundation’s Privacy Policy is located here. The PMD Foundation will process and store profile information that you provide to the PMD Foundation (name and email) in accordance with this policy. The PMD Foundation may also send you service announcements, administrative messages and other information in connection with your use of the Services. You may opt out of particular communications.

Miscellaneous

We make no representation that the Services are appropriate or available for use in your location, and accessing them from locations where their contents are illegal is prohibited. If you choose to access this site from any such locations, you do so on your own initiative and are responsible for compliance with local laws.

These Terms of Service represent the entire agreement between us and supersedes any proposals or prior agreements, oral or written, and any other communication between us relating to the subject matter of these Terms of Service.

We reserve the right, at our discretion, to update or revise these Terms of Service. Please check the Terms of Service periodically for changes. Your continued use of the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Please note that by using the Services, you agree that you are entering into a legally binding agreement (even if you are using the Services on behalf of a company). You acknowledge that you have read these Terms of Service, and agree to be bound by its terms and conditions. The laws of the country set forth below shall apply according to your country of residence, without regard to conflicts of law rules.

If any part of these terms, conditions and privacy policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

The corresponding jurisdiction shall be the forum for adjudication of all disputes arising in connection with this agreement:

UNITED STATES (and all other countries not expressly stated herein)

Applicable Law—State of Texas
Agreed Jurisdiction—TBD

Legal Notice For New Jersey Residents

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”), N.J.S.A. 56:12-14 et seq., no seller, lessor, creditor, or lender shall offer to any consumer or prospective consumer any written contract which violates any clearly established legal right of the consumer under state or federal law, or contain a provision by which the consumer waives its rights. For the avoidance of doubt, no provision of these Terms of Service shall apply to any consumer in New Jersey if the provision violates any clearly established legal right of that consumer.

Privacy Policy

The PMD Foundation (collectively, “the PMD Foundation,” “PMD Foundation,” “we,” “us” or “our”) recognize the importance of protecting the personal information collected from users in the operation of its services and taking reasonable steps to maintain the security, integrity and privacy of any information in accordance with this Privacy Policy.

By submitting your information to the PMD Foundation, you consent to the practices described in this policy. If you are less than 18 years of age, then you must first seek the consent of your parent or guardian prior to submitting any personal information.

This Privacy Policy describes how the PMD Foundation collects and uses the personal information you provide to the PMD Foundation. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

How We Collect Information

Information You Provide

Information We Receive From Other Sources

Use of Your Information

Disclosure and Sharing of Your Information

Security

Cookies

Links to Third Party Websites

Your Rights

Changes to this Privacy Policy

Recourse

How We Collect Information

The PMD Foundation may collect personal information from you in the following ways: (1) directly from your verbal or written input (such as by consenting to receiving marketing emails); (2) automatically through the PMD Foundation’s website technologies including tracking online, such as by Web cookies (which are small text files created by websites that are stored on your computer), by smart devices, by combining data sets, by collecting data from a browser or device for use on a different computer or device, or by using algorithms to analyze a variety of data such as records of purchases, online behavioral data, or location data; or (3) by social media participation.

Information You Provide

The types of personal information that the PMD Foundation collects directly from you may include:

  • Contact details, such as your name, email address, postal address and telephone number;

  • Internet Protocol (“IP”) addresses used to connect your computer to the Internet;

  • Educational and professional interests;

  • Tracking codes such as cookies;

  • Usernames and passwords;

  • Payment information, such as a credit or debit card number;

  • Comments, feedback, posts and other content you provide to the PMD Foundation (including through a PMD Foundation website);

  • Communication preferences;

  • Purchase and search history;

  • Location-aware services, the physical location of your device in order to provide you with more relevant content for your location;

  • Information about your personal preferences, hobbies and interests; and

  • Communications with other users of the PMD Foundation’s services.

In order to access certain content and to make use of additional functionality and features of the PMD Foundation’s websites and services, we may ask you to register for an account by completing and submitting a registration form, which may request additional information.

If you choose to register and sign in by using a third-party account (such as your Facebook account), the authentication of your login is handled by the third party, and any personal information collected during that third-party login is not covered by this policy. The PMD Foundation will collect your name, email address and any other information about your third-party account that you agree to share with us at the time you give permission for your PMD Foundation account to be linked to your third-party account.

Information We Receive From Other Sources

The PMD Foundation may receive information about you if you use any of the websites we operate or the other services we provide. We also work closely with third parties (including, for example, business partners and sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, academic institutions, search information providers, and credit reference agencies) from whom the PMD Foundation may receive information about you.

Use of Your Information

The PMD Foundation may use your personal information in the performance of any contract we enter into with you, to comply with legal obligations, or where the PMD Foundation has a legitimate business interest in using your information to enhance the services and products we provide. Legitimate business purposes include but are not limited to one or all of the following: providing direct marketing and assessing the effectiveness of promotions and advertising; modifying, improving or personalizing our services, products and communications; detecting fraud; investigating suspicious activity (e.g., violations of our Terms of Service, which can be found here) and otherwise keeping our site safe and secure; and conducting data analytics.

In addition, we may use your information in the following ways (after obtaining your consent, if required):

  • To provide you with information about products and services that you request from us;

  • To send you periodic catalogues from the PMD Foundation;

  • To provide you with information about other products, events and services we offer that are either (i) similar to those you have already purchased or inquired about, or (ii) entirely new products, events and services;

  • For internal business and research purposes to help enhance, evaluate, develop, and create PMD Foundation websites (including usage statistics, such as “page views” on the PMD Foundation’s websites and the products therein), products, and services;

  • To notify you about changes or updates to our websites, products, or services;

  • To administer our services and for internal operations, including troubleshooting, data analysis, testing, statistical, and survey purposes;

  • To allow you to participate in interactive features of our service; and

  • For any other purpose that we may notify you of from time to time.

Personal information will not be kept longer than is necessary for the purpose for which it was collected. This means that, unless information must be retained for legal or archival purposes, personal information will be securely destroyed, put beyond use or erased from the PMD Foundation’s systems when it is no longer required or, where applicable, following a request from you to destroy or erase your personal information.

Disclosure and Sharing of Your Information

The PMD Foundation will not disclose to or share your personal information with any unaffiliated third party except as follows:

  • Where necessary in connection with services provided by third parties (i) who provide us with a wide range of office, administrative, information technology, production, payment, or business management services, and (ii) who are required to comply with this policy;

  • Where you voluntarily provide information in response to an advertisement from a third party;

  • Where your consent has been provided, with a third party such as an academic institution, school, employer, business or other entity which has provided you with access to a product or service through an integration or access code, information may be shared regarding your engagement with the service or product, results of assessments taken and other information you input into the product or service;

  • Where the PMD Foundation is required to disclose personal information in response to lawful requests by public authorities and government agencies, including to meet national security or law enforcement requirements; to comply with a subpoena or other legal process; when we believe in good faith that disclosure is necessary to protect our rights, to enforce our Terms of Service, or to protect the rights, property or safety of our services, users or others; and to investigate fraud; and

  • Where all or substantially all of the business or assets of the PMD Foundation relating to our services are sold, assigned, or transferred to another entity.

If necessary in connection with providing publishing services on behalf of third parties, such as institutions and societies, the PMD Foundation may disclose navigational and transactional information in the form of anonymous, aggregate usage statistics and demographics information that does not reveal your identity or personal information.

Security

We will use appropriate physical, technical and administrative safeguards to protect your data.  Access to your personal data will be restricted to only those who need to know that information and required to perform their job function.

Cookies

As is true of most websites, we gather certain information automatically. This information may include IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.

The PMD Foundation use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or services.

Your Rights

You have the right to make a written request to be informed whether or not we hold or process any of your personal information (by emailing maureen@29designstudio.com). In your written request, you may:

  • Request that we provide you with details of your personal information that we process, the purpose for which it is processed, the recipients of such information, the existence of any automated decision making involving your personal information, and what transfer safeguards we have in place;

  • Request that we rectify any errors in your personal information;

  • Request that we delete your personal information if our continued processing of such information is not justified (such a request may result in a termination of your account with us and you may have limited or no use of our website);

  • Request that we transfer your personal information to a third party;

  • Object to automated decision-making and profiling based on legitimate interests or the performance of a task in the public interest (in which event the processing will cease except where there are compelling legitimate grounds, such as when the processing is necessary for the performance of a contract between us);

  • Object to direct marketing from us; and

  • Object to processing for purposes of scientific, historical research and statistics.

Where applicable under your local laws, we will not use your personal information for marketing purposes, nor disclose your information to any third parties, unless we have your prior consent, which we will seek before collecting your personal information.

If at any point you wish to review or change your preferences you can use the “opt-out” or unsubscribe mechanism or other means provided within the communications that you receive from us or by sending an email to maureen@29designstudio.com. Note that you may still receive transactional communications from the PMD Foundation.

Third-Parties

The PMD Foundation’s websites or services may include links to third-party websites.

In using such links, please be aware that each third-party website is subject to its own privacy and data protection policies and is not covered by our Privacy Policy. In addition, we may allow third-party companies to serve ads and/or collect certain anonymous information when you visit our websites. These companies may be placing and reading cookies in the cookie file of the browser on your computer’s hard disk or using web beacons or other technologies to collect information in the course of ads being served on this website. These companies may use information other than personal information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to these and other websites in order to provide advertisements about goods and services likely to be of greater interest to you.

Changes to this Privacy Policy

Please note that the PMD Foundation’s Privacy Policy is reviewed periodically. The PMD Foundation reserves the right to modify its Privacy Policy at any time without notice. Any changes to the Privacy Policy will be posted on this page and will become effective on the date of posting. We encourage you to periodically review this page for the latest information on our privacy practices.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

  • Users can visit our site anonymously.

  • Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

  • Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

Recourse

Any comments, complaints or questions concerning this policy or complaints or objections about our use of your personal information should be addressed by directing your comments to Doris Parker at dparker@pmdfoundation.com.

Disclosure Policy For Product Reviews & Recommendations

The US Federal Trade Commission requires that the PMD Foundation disclose any relationship we have between a product manufacturer or service provider when we tell you about a product or service.

This policy is adhered to by the PMD Foundation and its subsidiaries’ websites, services and applications (the “Services”).

The PMD Foundation will:

  • Clearly annotate paid reviews within the same.

  • Only offer reviews for products and services we believe in.

  • Will state if we didn’t pay for the products or services reviewed.

  • Will disclose potential affiliate income in posts with affiliate links.

The PMD Foundation doesn’t return the products (physical) after we test them. In certain cases, the product is used up or destroyed. In other cases, the product may get damaged during the testing.

If you click a link within our content and it delivers you to a website selling that product (e.g. Amazon.com, etc.), you can assume we will get a commission from that website should you buy.

For further information, please contact Doris Parker at dparker@pmdfoundation.com.

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