PRIVACY POLICIES & DISCLAIMERS
PRIVACY POLICY
Last modified: April 20, 2020
INTRODUCTION
Eric and Aaron Komo, The Komos, (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website thekomos.com (our “Website”) and our reasons and practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
On this Website.
In email, text, and other electronic messages between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
us offline or through any other means, including on any other website operated by Company or any third party; or
any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to the Website. We do not knowingly collect personal information, as defined below, from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features/register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at aaronkomo@gmail.com.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect several types of information from and about users of our Website, including information:
by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
that is about you but individually does not identify you, such as geography; and/or
about your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
From third parties, for example, Google Analytics, and ad networks.
The website service we use to create our site also gathers information about your interactions with our site. However, it does so anonymously.
For example, they provide us with information with what webpage you visited before coming to our site. If at any time you would like your data updated, changed or deleted permanently, please use the contact us page to inquire.
INFORMATION YOU PROVIDE TO US
The information we collect on or through our Website may include:
Information that you provide by filling out forms on our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including traffic data, location data and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of the Website [and our emails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
At this time, we do not respond to Do Not Track signals as there is not yet a common understanding of how to interpret them.
We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or from what you provide to us.
THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES
Some content or applications, including advertisements, that are or may be on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
IS PROVIDING INFORMATION MANDATORY?
In order for you to purchase through our website, we do need to collect the information outlined in this Privacy Policy, relevant to your purchase of products or services. If we do not collect the data, we won’t be able to ship your product or provide the services you are requesting.
THE PURPOSES FOR WHICH WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your [account/subscription], including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of The Komos’ assets.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent
Periodic emails
The email address Users provide may be used to respond to their inquiries, and/or other requests or questions. They will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email, or User may contact us via our Site.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of The Komos, our customers, or others.
TRANSMITTAL OF INFORMATION
Since we are located in Minnesota, if you provide information to this Website from a location outside the United States, the information may not remain in the country where you enter it.
LINKS TO OTHER WEBSITES
Our website does contain links to affiliate and other websites. We do not claim or accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies only and solely to the information collected by our website.
CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
DATA SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. If we learn of a security breach involving our collection of your personal information, we will inform you and others in accordance with applicable law. If you believe that your personal information has been compromised from our Website, please contact us as described in the Contact Information section.
DATA RETENTION
We store your personal information that we collect for as long as it is needed for the purposes outlined herein only. However, if you ask us to remove personal information from active databases, we may retain it for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
ACCESS, CORRECTION AND DELETION
Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you may check your personal information to verify, update, or correct it, and to have any obsolete information removed. If you created an account on our Website, you can access and change your online account profile yourself. You also have the right to request that your personal information be deleted or removed without the need for a specific reason, and you have the right to data portability if it should become relevant. You can also ask to review any of the information that we have retained, how we have used it, and to whom we have disclosed it at any time, by contacting us as indicated below under the heading “Contact Information”.
You may also ask us to change your preferences regarding how we use or disclose your information, including blocking or suppressing the processing of your personal information or objecting to it being used for certain purposes, as allowed by law, and let us know that you do not wish to receive any further communication from us.
CHANGES TO OUR PRIVACY POLICY
It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
UNSUBSCRIBE
If you receive commercial emails from us, you may Unsubscribe at any time by sending us an email as described in the Contact Information section.
CONTACT INFORMATION
Our team controls the data that we asses. To ask questions or comment about this privacy policy and our privacy practices, contact us at: aaronkomo@gmail.com.
TERMS AND DISCLAIMERS
Eric and Aaron Komo, The Komos, have the legal right at any time, without prior notice, and at our sole discretion, to revise this Website’s Terms and Disclaimers or impose new terms and disclaimers with respect to access to or use of the Website. Such revisions and additions shall be effective immediately upon providing notice of the revisions and additions, which may be given by any means, including but not limited to, posting the revised or additional terms and disclaimers on the Website. You should check these pages periodically for any modifications or revisions. Continued use of the Website after we post changes to these terms and disclaimers constitutes your acceptance of the changes.
NUTRITIONAL DISCLAIMERS
While we love food and the idea of a healthy lifestyle, We are not comprised of certified nutritionists and we make no claim to the contrary. Each individual’s dietary needs and restrictions are unique to the individual. You are ultimately responsible for all decisions pertaining to your health.
The content on this Website is for informational purposes only. Statements on this Website have not been evaluated or approved by the Food and Drug Administration. This Website is not intended to diagnose, treat, cure or prevent any disease. Content should not be considered a substitute for professional medical or nutritional expertise or treatment.
You assume full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program. The writer(s), publisher(s) and owner(s) of this site are not responsible for adverse reactions, effects, or consequences resulting from the use of any recipes, suggestions, procedures or anything else on this Website.
This Website, thekomos.com, may offer nutritional information for recipes contained on this Website. This information is provided as a courtesy and should not be construed as a guarantee as they have not been calculated by a nutrition or other professional, and varying factors such as brand and processing change the effective nutritional information in any given recipe.
EXERCISE AND WORKOUT DISCLAIMER
This Website offers health and fitness information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.
Whether you have experienced health issues or you are extremely fit, you should always consult your physician or other health care professional before starting any fitness program promoted on our site or any fitness routine we have outlined, to determine if it is right for your needs. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising, you should stop immediately.
Developments in medical research may impact the health and fitness advice that appears here. No assurance can be given that the advice contained on this site will always include the most recent findings or developments with respect to the particular material.
If you are in the United States and think you are having a medical or health emergency, call your health care professional, or 911, immediately.
COMPENSATION: AFFILIATE LINKS DISCLAIMER, SPONSORED CONTENT DISCLAIMER, AND GENERAL ADVERTISING
We are thrilled to partner with brands and provide promotion to other wonderful businesses.
We pride ourselves on being truthful in the views that we express on our Website. While it doesn’t affect our views in any way, the writer(s), publisher(s) and owner(s) of the Website accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation from third parties, referred to on our Website. All advertising is in the form of advertisements generated by a third-party ad network. Those advertisements will be identified as paid advertisements. The writer(s), publisher(s) and owner(s) of the Website’s blog are compensated to provide opinions on products, services, websites and various other topics. Even though we receive compensation for posts and advertisements, we always give our honest opinions, findings, beliefs and experiences on those topics and products. The views and opinions expressed on this blog are purely the writer(s), publisher(s) and owner(s) own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question, as we are only offering opinions.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE CONTENT, MATERIALS, SERVICES AND PRODUCTS OFFERED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN ELECTRONIC FORM.
WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE WEBSITE.
BY USING THIS WEBSITE, YOU EXPRESSLY AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES CONNECTED WITH YOU FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE CONTENT, MATERIALS, SERVICES AND PRODUCTS OFFERED ON OR THROUGH THE WEBSITE, AND RELATED TO YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE WEBSITE OR YOUR USE OF OR RELIANCE UPON THE WEBSITE OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED, OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE NO CONTROL. ACCORDINGLY, WE WILL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU DEPENDING ON THE LAW THAT A COURT APPLIES TO THE CLAIM.
YOU EXPRESSLY AGREE THAT OUR MAXIMUM LIABILITY TO YOU FOR ALL CLAIMS COLLECTIVELY WILL BE $500.
You also expressly agree that any claim that you wish to assert against us must be served and filed in a court of law within one year of the facts giving rise to the claim.
PROPRIETARY RIGHTS
All copyrighted and trademarked materials displayed on or accessible through the Website, including without limitation, all photographs, graphic materials, logos, trademarks, and audio-visual materials (the “Content”), are owned by Eric and Aaron Komo, The Komos, or licensed to Eric and Aaron Komo, The Komos, by a third party or are the property of a third party who has given Eric and Aaron Komo, The Komos, permission to place the materials on the website, and either Eric and Aaron Komo, The Komos, or such third party owns all right, title, and interest in such Content or has a license for it, and reserves all rights in such Content. Without our prior written permission in each instance, you may not use material displayed on the Website for any commercial purposes or copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
GOVERNING LAW
These Terms and Disclaimers shall be governed by the laws of the State of Minnesota without regard to its conflicts of law provisions. You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of Minnesota and of the United States of America located in the State of Minnesota for any litigation arising out of or relating to the Website or these Terms and Disclaimers, and waive any objection to the venue of any such litigation in such courts, and agree not to plead or claim in any such court that it is an inconvenient forum and that the litigation should take place in a different court.