Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this Site, you signify your assent to these terms of use and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms of use, please do not use the Site. THIS AGREEMENT SHALL BE GOVERNED AND INTERPRETED BY THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS THEREOF.
This web site (“Site”) is owned and operated by Chaparral Press, LLC. The Site and its contents may only be accessed for personal use. No material from Chaparral Press, LLC or any web site owned, operated, licensed or controlled by Chaparral Press, LLC may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Chaparral Press, LLC’s copyright and other proprietary rights.
For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Chaparral Press, LLC or other respective owners that have granted Chaparral Press, LLC the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.
While Chaparral Press, LLC uses reasonable efforts to include accurate and up-to-date information on the Site, Chaparral Press, LLC makes no warranties or representations as to its accuracy. Chaparral Press, LLC assumes no liability or responsibility for any errors or representations in the content of this Site.
The Site may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that Chaparral Press, LLC is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. Chaparral Press, LLC has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
The Site contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Chaparral Press, LLC may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
You shall not transmit to Chaparral Press, LLC or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
You may not use your password for any unauthorized purpose.
We may terminate your access to our Site for any reason.
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Chaparral Press, LLC’s proprietary rights in them. Chaparral Press, LLC Site pages may contain other proprietary notices and copyright information that should be observed.
THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. CHAPARRAL PRESS, LLC SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, CHAPARRAL PRESS, LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CHAPARRAL PRESS OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF CHAPARRAL PRESS OR A CHAPARRAL PRESS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
All disputes, controversies and claims from or relating to these Terms and Conditions, including any subsequent updates, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas and the proceedings shall be English. The arbitrator may award any form of individual or equitable and injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. The parties may also plead to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim relief, without breach of this paragraph and without reducing the scope of the powers of the arbitrator. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By agreeing to this provision, you waive your right to bring, join, or participate in a class action lawsuit related to these Terms and Conditions; however, you do not waive your rights or remedies to pursue an individual claim in binding arbitration. The preceding provision is an independent covenant, which you may opt out of by providing written notice of your decision within thirty (30) days of the date that you first use the Site.
Your Privacy Rights
Introduction
Chaparral Press, LLC has created this Privacy Policy in order to disclose its use of consumer data collected about you. This Privacy Policy is effective as of June 11, 2018. Any questions regarding this policy should be directed by email to pkellystories@gmail.com. You may also contact Chaparral Press, LLC at 2402 Sutherland St. Austin, TX 78746. The following discloses Chaparral Press, LLC’s information gathering and dissemination practices for its applications and website.
Chaparral Press, LLC may be the Controller or Processor of your personal data provided to us by you or collected by us from you during your use of the website and/or applications, as outlined below. If you use the Chaparral Press, LLC service, you consent to this policy and the use/sharing of your personal data as described herein. You have the choice to opt-out of sharing your data, as described below, and control how we use and share your data.
Information Collected and Received
Chaparral Press, LLC may collect or receive personal information about you, including, but not limited to, user name, password, first and last name, email address, street address, gender, occupation, and interests. You can choose what information you want to share with Chaparral Press, LLC, however if you chose to withhold any personal data requested by us, it may not be possible for you to gain access to certain parts of the Chaparral Press, LLC website and/or application. We collect personal information from you at several different points, including but not limited to the following:
when we correspond with you as a customer or prospective customer;
when you visit the Site;
when you register as an end-user of our Service and an account is created for you;
when you provide information, such as survey information;
when you contact us for help; and
when the Site sends us error reports or application analytics data.
Chaparral Press, LLC does not require you to include sensitive information (e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic data, biometric data, data concerning health or data concerning sexual orientation). In the event that you provide such sensitive information as listed above you acknowledge that you have provided Chaparral Press, LLC explicit consent to receive such information.
Lawful Basis for Processing
We will only collect and process your personal data where we have lawful basis. Our lawful basis include consent (where you have given it), where processing is necessary for the performance of a contract with you, and for the purposes of our legitimate interests or the legitimate interests of our third parties, provided that such interest does not outweigh your rights and freedoms. Examples of legitimate interest include but are not limited to: (i) complying with applicable law, (ii) protecting against security or other threats, (iii) administration of our business interests, including improvements and enhancements of our business, and (iv) customer relationship issues.
Your Rights: Access, Correction, Deletion
We retain the personal data that you provide to us when you registered with the Chaparral Press, LLC website and/or application or any other information that you volunteered while using the website and/or application for (i) as long as your account is active or (ii) otherwise for a limited period of time as long as we need to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We retain any information provided as described in the Uses of Information below.
You have the right to request access to the information that Chaparral Press, LLC has on you. You can do this by contacting us at pkellystories@gmail.com. In order to comply with your request, we may have to verify your identity. If you believe that the information that we have about you is incorrect, you are able to contact us at pkellystories@gmail.com with the change request. Any data that is no longer needed for the purposes specified below will be deleted. You have the right to request the deletion of any personal data that we have on you. If you wish to do so, please contact us at pkellystories@gmail.com. Note that Chaparral Press, LLC may not be able to delete any depersonalized data on you.
How We Use Your Information
Chaparral Press, LLC may use personal information that we collect about you to:
deliver the products and services that you have requested;
manage your customer relationship and provide you with customer support;
perform analysis about your use of the website and/or application;
communicate with you by e-mail, postal mail, telephone and/or mobile devices about products or services that may be of interest to you;
enforce our terms and conditions and other agreements between Chaparral Press, LLC and you;
manage our business;
respond to investigation, court orders, legal process, or to investigate, prevent or take action regarding illegal activities, suspected fraud, or situations involving potential threats to the physical safety of any person, or as otherwise required by law; and
perform functions as otherwise described to you at the time of collection.
Chaparral Press, LLC occasionally uses other companies to perform services necessary to our operations. In the course of providing these services, those companies may have access to your personal information. By contractual agreement, those companies must treat your information in accordance with this Privacy Policy. However, we will not be liable for any damages that may result from the misuse of your personal information by these companies.
How We Share Your Information
(a) Personally Identifiable Information. Chaparral Press, LLC will never sell your email address or any other personally identifiable information, to any third party without your permission. We may store personally identifiable information in locations outside the direct control of Chaparral Press, LLC (for example, on servers or databases co-located with hosting providers). Any personally identifiable information you elect to make publicly available on our websites and/or applications (such as posting comments, reviewing items, etc.) will be available to others. Except as described in this Section, we will not disclose your personally identifiable information to any third party except consultants working on our behalf, without notifying you of our intent to share the information and giving you an opportunity to prevent your information from being shared. From time to time, we may partner with companies based on the interests of our users. These partner companies will never see your email address or any other information that could identify you or be used to contact you directly.
(b) Non-Personally Identifiable Information. The Chaparral Press, LLC site registration form may require users to give Chaparral Press, LLC contact information (such as your name and email address) and demographic information (such as your zip code, age, or income level). Chaparral Press, LLC uses your contact information from the registration form to send you information about Chaparral Press, LLC and promotional material from some of Chaparral Press, LLC’s partners. Your contact information may also be used to contact you when necessary. Chaparral Press, LLC may use demographic and/or profile data to tailor your experience on the Chaparral Press, LLC website and/or applications, show you content that Chaparral Press, LLC thinks you may be interested in, and display content according to your preferences. The demographic and profile data will be shared with third parties ONLY on an aggregate basis. Furthermore, Chaparral Press, LLC shall have the right to retain records of all data pertaining to use of the website and applications including, but not limited to, usage, activity logs, and click-throughs. Chaparral Press, LLC may disclose such data to third parties provided it is grouped with other Chaparral Press, LLC users’ data and is presented in an aggregate form.
(c) We May Be Required to Share Your Information. Chaparral Press, LLC reserves the right to disclose information when required by law, such as by a subpoena or other legal proceedings. Chaparral Press, LLC may also disclose your information if we reasonably believe it necessary to (i) comply with requests of law enforcement or other applicable law; (ii) to enforce any agreement between you and us; (iii) to protect the security and integrity of our site, applications, or services; and/or (iv) to protect us, our users or others.
(d) What Happens in the Event of a Change of Control: We may be involved with an acquisition or divestiture of our business, products or services. Information we maintain including names and email addresses, and other information related to the Chaparral Press, LLC service may be sold or transferred in connection with such transaction. We may also sell, assign or otherwise transfer such information in connection with a sale of all or substantially all of our business or assets. You will be notified via email and/or a notice on our site of any applicable change in ownership or uses of your information.
(e) Behavioral Targeting / Re-Targeting. We allow advertisers to display advertising on our sites and applications. Our advertisers may use technology such as cookies to gather information about your activities on multiple sites in order to provide you advertising based upon your activities and interests. The only way to opt out of the collection of any information through cookies or other tracking technology is through the settings in your browser or mobile device. Please review your browser or mobile device information for instructions on how to delete and disable cookies, and other tracking/recording tools (to learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit http://www.allaboutcookies.org and/or the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org). If you access the Chaparral Press, LLC service, websites and/or applications on your mobile device, you may not be able to control tracking technologies through the settings. For more information, see the Cookies Section below.
(f) Testimonials. We may also disclose, on an anonymous basis, statements made by our users. However, with your consent, we may post your testimonial along with your name. If at any point you wish to update or delete your testimonial, please contact us at pkellystories@gmail.com.
How We Store and Process Your Information
The information collected by Chaparral Press, LLC may be processed and/or stored in the United States, European Union Member Nations, Canada, or any other country in which Chaparral Press, LLC or its affiliates or service providers maintain operations. Chaparral Press, LLC may transfer information that we collect, including personally identifiable information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction of domicile to other countries or jurisdictions. If you are located in the European Union or other regions with laws restricting transferring of data, please note that we will comply with laws applicable to us.
How We Protect Your Information
Chaparral Press, LLC is concerned with protecting your privacy and data, and therefore we use industry-standard technologies when transferring and receiving consumer data exchanged between Chaparral Press, LLC and other companies to help ensure its security. This site has security measures in place designed to protect the loss, misuse and alteration of the information under Chaparral Press, LLC’s control. Chaparral Press, LLC’s servers are backed up regularly and protected by security systems. However, we cannot ensure or guarantee the security of any information you transmit to us or guarantee that your information on the Chaparral Press, LLC service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. If you have any questions about security on our website and/or application, you can contact us at pkellystories@gmail.com. We may use an outside help platform, and a credit card processing company to bill you if you purchase services. These companies do not retain, share, store or use personally identifiable information for any other purposes.
Cookies
“Cookies” are small pieces of information that are stored by your browser on your computer's hard drive. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our website and/or application. However, once you choose to furnish the website and/or application with personal information, this information may be linked to the data stored in the cookie. We use cookies to understand website and/application usage and to improve the content and service. We also may use cookies to offer you products or services. You have many choices with regards to the management of cookies on your computer. All major browsers allow you to block or delete cookies from your system. To learn more about your ability to manage cookies, please consult the privacy features in your browser.
Links
Chaparral Press, LLC may create links to other web sites. Chaparral Press, LLC will make a reasonable effort to link only to sites that meet similar standards for maintaining each individual's right to privacy. However, many other sites that are not associated or authorized by Chaparral Press, LLC may have links leading to our site. Chaparral Press, LLC cannot control these links and Chaparral Press, LLC is not responsible for any content appearing on these sites.
Children’s Privacy
We do not knowingly collect any information from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. If we discover that a person under the age of 13 has provided us with any personal information, we will use commercially reasonable efforts to delete such person's personal information from all Chaparral Press, LLC systems.
Your California Privacy Rights
Chaparral Press, LLC does not currently respond to browser “Do Not Track” (DNT) signals or other mechanisms. Third parties may collect personal information about your online activities over time and across sites when you visit the website and/or application.
If you are a California resident, California Civil Code Section 1798.83 permits you to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please contact us by sending an e-mail to pkellystories@gmail.com.
Our website and/or application are not intendent to appeal to minors. However, if you are a California resident under the age of 18, and a registered user of our website and/or application, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an e-mail with a detailed description of the specific content or information to pkellystories@gmail.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
Under California law, California residents who have an established business relationship with us may opt-out of our disclosing personal information about them to third parties for their marketing purposes
International Transfer of your Personal Information
The website and/or application is hosted and operated entirely in the United States and is subject to United States law. Any personal information that we collect from you is currently stored and processed in the United States. If you are accessing the website and/or application outside of the U.S., you need to understand that by accessing our website and/or application, you consent to the transfer of your personal information to the United States. Please be advised that United States law may not offer the same privacy protections as the law in your jurisdiction.
Amendments
Chaparral Press, LLC may amend this policy at any time. If Chaparral Press, LLC is going to use personally identifiable information collected through the Chaparral Press, LLC site in a manner materially different from that stated at the time of collection, Chaparral Press, LLC will notify users via email and/or by posting a notice on the Chaparral Press, LLC site for thirty (30) days prior to such use. This Privacy Policy may not be otherwise amended except in a writing that specifically refers to this Privacy Policy and is physically signed by both parties.
Successors and Assigns
This Privacy Policy inures to the benefit of successors and assigns of Chaparral Press, LLC.
Contacts
If you have any questions about this Privacy Policy, the practices of this site, your dealings with this web site, or request access, changes or deletion to information we have about you, you can contact pkellystories@gmail.com. Upon request, Chaparral Press, LLC will provide you with access to information (e.g., name, address, phone number) that Chaparral Press, LLC collects and maintains about you. This site gives you the following options for changing, modifying or removing information previously provided: (i) email: pkellystories@gmail.com; or (ii) visit www.patrickkellystories.com.
Opt-Out
The Chaparral Press, LLC site provides users the opportunity to opt-out of receiving communications from Chaparral Press, LLC, except transactional correspondence. To opt-out of receiving our communications, you can (i) send email to pkellystories@gmail.com; or (ii) send postal mail to: Chaparral Press, LLC, 2402 Sutherland St. Austin, TX 78746.