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Website Policies

PRIVACY & SECURITY POLICY

Thank you for visiting the website fightback.com (“Site”), which is owned and operated by Amanda Horowitz Media, LLC (“we,” “us,” or “our”).  We recognize your concern about privacy and security on the Internet.  This Privacy & Security Policy describes the types of information gathered about you from your visit to this Site and establishes how we will use such information. We refer you to the body of the Terms of Use for the definitions of capitalized terms used in this Privacy & Security Policy without definition.  You may not use the Site if you do not agree with this Privacy & Security Policy.

Information Subject to Legal Requirements

All information you submit to us through this Site (by e-mail, surveys, or otherwise, as described below), including personally identifiable information may be subject to the disclosure under certain circumstances such as court order, subpoena, or other legal process in accordance with applicable law.

No Unnecessary Personally Identifiable Information Collected

We do not collect personally identifiable information (e.g., your name, address, email address, credit/debit card number, checking account number or other information which can be associated with you without additional information) when you visit this Site, unless you use our Site to make a payment or purchase or otherwise choose to provide that information to us.  The personally identifiable information collected through our Site and the personally identifiable information you otherwise choose to provide to us will be used and retained as described in the remainder of this Privacy & Security Policy.

Information Collected and Stored Automatically

We may collect and store information automatically when you visit our Site for statistical purposes.  For example, we may count the number of visitors to the different sections of our Site to help us make our Site more useful to its users.  We may also use this information to monitor your compliance with the Terms of Use and the applicable Terms of Payment.  The information collected may include such items as the name and domain of the host from which you access the Internet, the Internet Protocol (“IP”) address of the computer you are using, your browser software and operating system, and the time and date of your visit. This information does not identify you personally.

Personally Identifiable Information Collected from Emails, Surveys, Etc.

By sending us an email (e.g., by selecting the Contact Us option or emailing us), you are sending us personally identifiable information (i.e., your name, address, email address, or other information which can be associated with you without additional information).  We store this information in order to respond to your request or otherwise address the subject matter of your email.

From time to time, we may ask you for specific personally identifiable information, such as name and address, and other pertinent information, in the form of an inquiry, survey, feedback form, questionnaire, or other means, all with the goal of providing better service.  We will only retain the information that you provide in response to the inquiry, survey, etc.

You should know that email and other forms of electronic communication are generally not secure, and may also be subject to the disclosure requirements of applicable law.

Personally Identifiable Information Transmitted and Stored for Online Financial Transactions

A user must provide certain contact information, including an account holder’s name, email address, and billing address, along with certain financial information, such as a checking account number or a credit/debit card number, card expiration date, and card security code, in order to make a payment or purchase over the Internet.  Please note the following regarding the security of personally identifiable information you provide to us in order for us to process these transactions:

We are committed to data security and the data quality of personally identifiable information that is either available from or collected by our Site. We have taken reasonable precautions to protect such information from disclosure, loss, misuse, or alteration.   We require that only authorized individuals be permitted to have access to the information provided by our users.

We require that all the information you provide to us in this manner is stored securely.

Use of Personally Identifiable Information

As described above, a user must provide certain contact information and financial information in order for the user to make a payment or purchase through our Site.  We require that this information be used only for the limited purpose of processing these transactions and as otherwise permitted by the rules and regulations of the applicable credit card associations, debit card networks, credit/debit card issuers, credit/debit card processors, and/or financial institutions.  We do not permit this information to be used for marketing purposes and we require that it be retained in accordance with banking and accounting requirements.

Sharing Personally Identifiable Information with Third Parties

We do not share personally identifiable information with third parties, except that we will provide the necessary personally identifiable information listed above to the companies assisting us with processing credit/debit card and eCheck transactions through our Site.  In some circumstances, we may also be required by law to disclose certain personally identifiable information in connection with a lawful court order or we may disclose such information to law enforcement and/or fraud investigatory agencies.

Consequences of Failing to Provide Personally Identifiable Information

If you choose not to provide us with your name or other necessary personally identifiable information, you will not be able to make a payment or purchase using our Site. 

Use of Cookies

A “cookies” is a small text file that a website can place on your computer for the duration of your visit to the Site. It is used only for session integrity during your visit to the Site and not for any marketing or information-gathering purposes.

Our Site uses only non-persistent temporary “cookies” and neither places any permanent information on nor retrieves it from the user’s computer. If you want to browse this Site without any interruptions, please make sure that your browser is not set to disable placement of “cookies” on your computer.

User Name, Personal Identification Numbers and Passwords

In certain instances, you will be assigned a user name, personal identification number (PIN), password or other security code to access certain features of this Site, to make a purchase or payment using this Site.  You agree to maintain the confidentiality and security of such username, PIN, password or code.  If you provide the username, PIN, password or code to another person (e.g., to access information or make a payment) which is a violation of the Terms, you will be responsible for the other person’s actions at this Site, including purchases made. Note: We will never ask you for your PIN, password or code in an unsolicited phone call or email.  When you are finished with those applications that are PIN, password or security code-protected, you should exit the page by signing out of the Site.

Getting Access to Information and Changing Information

For information on reviewing and/or making changes to information about you that may be in our records, please send us an email at [insert website administrator email address]. 

Website Links to Other Sites Not Covered by Privacy & Security Policy

This Privacy & Security Policy describes the information we gather through our Site and how we use such information.  Our Site may contain links to websites maintained by third parties. Once you link to another website, you are no longer subject to this Privacy & Security Policy, but rather are subject to the privacy and security policy of the website containing the document.  You use any such third party website and anything contained on that website at your own risk.  NOTE: When you use this Site to make a payment or purchase using a checking account or a credit/debit card, you will be transferred to a portion of the Site hosted by our contracted payment processing vendor.  This payment processor will prompt you to enter all information necessary to make such payment or purchase, and will thereafter take all steps necessary to process the payment on our behalf.  The payment processor will abide by our privacy and security requirements while collecting such information and processing such payments on our behalf.

Contact Information

Should you have any further questions regarding this Privacy & Security Policy or your interaction with our Site, please contact us at [insert website administrator email address].

Terms of Use and Terms of Payment

Please also visit our Terms of Use governing the use of our Site.  If you are using the Site to make a payment, please visit the applicable Terms of Payment.  This Privacy & Security Policy, together with the Terms of Use and any applicable Terms of Payment, governs your use of the Site.

Changes to the Privacy & Security Policy

We may add to, delete, or change the terms of this Privacy & Security Policy from time to time.  This document will be updated to reflect such changes.  By using our Site, you consent to this Privacy & Security Policy, as it is changed from time to time.

TERMS OF USE

1. Your Agreement. Thank you for visiting the website (“Site”) for fightback.com, which is owned and operated by Amanda Horowitz Media, LLC (“we,” “us,” or “our”). We ask that you carefully review our Terms of Use before using the Site. These Terms of Use establish a binding agreement that governs your use of this Site. These Terms of Use, together with the Privacy & Security Policy and any applicable Terms of Payment incorporated herein by this reference (together, “Terms”), govern your use of this Site. By using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use this Site.

2. User Account. If you register as a user of this Site, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under your username and password. You agree to notify us of any unauthorized use of your username and password or any other breach of security at info@fightback.com

3. Our Content Rights. Unless otherwise noted, this Site, including, without limitation, all text, articles, images, illustrations, designs, icons, photographs, video and audio files, programs, products, processes, technology, information, content and other materials, together with all copyrights, trademarks, trade dress and/or other intellectual property therein (collectively, “Content”), and the compilation (meaning the collection, arrangement, and assembly) are owned by us, or by third parties who have licensed such Content to us. Such Content is protected by U.S. and international copyright laws. Fight Back! is a registered trademark which may not be utilized without the express written consent of its owner. We, on behalf of ourselves and our licensors, expressly reserve all rights, including, without limitation, intellectual property rights, in this Site and all Content and compilation of Content from time to time available on this Site. Access to this Site does not confer, and shall not be considered as conferring, upon you or any other user of the Site any license or other rights to the Site, the Content or the compilation of Content.

4. Non-Transferability. Your right to use this Site is not transferable. Any password or right given to you to obtain information is not transferable.

5. No Warranties. We provide this Site to you on an “as is” basis without any warranties of any kind, whether express or implied. To the extent permissible under applicable law, we hereby disclaim all warranties, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limiting the foregoing, we do not make any representations or warranties that: (a) the information or other materials available on our Site will be error-free; (b) defects in our Site will be corrected; (c) our Site or its servers are free of viruses or other harmful components; and/or (d) our Site will be secure, and accessible continuously and without interruption. Further, the content on the Site and any information provided in response to any inquiry by you is intended only as a service to the public and does not constitute legal, medical, or financial advice. The Site DOES NOT provide any legal, medical, or financial services or legal, medical, or financial advice and you should consult with your own licensed professional if seeking such advice. Please be advised we are not licensed professionals in any field. Accordingly, we do not make any representations or warranties regarding the use, accuracy, reliability, and/or completeness of the information or other materials available on our Site.

6. Links to Other Sites. We may provide links from our Site as a convenience to our visitors. We have no control over the content posted at those linked sites, all of which have separate terms of use and privacy policies. We make no representations about the use, accuracy, reliability, and/or completeness of any information or material available thereon. Links to the third-party sites are not intended to, and do not, imply affiliation with or sponsorship or endorsement of these sites or the third parties operating these sites. Once you link to another site, you are subject to the terms of use and privacy and security policy of that site and use that site at your own risk.

7. Ownership of Material Transmitted By You to The Site. You hereby authorize the Site and its owner(s) to utilize all material submitted by you to the Site, including questions, statements, inquiries and any other information (the “Material”) in any manner whatsoever, including, without limitation, to reproduce, record, transmit, broadcast, exploit, publicize, exhibit, depict, simulate, advertise, promote, exhibit, and otherwise exploit the Material, and any and all ancillary or derivative rights associated therewith, by any and all means (including without limitation and by way of example only, via film, television, internet, social media, magazine, and/or book), devices, media, processes and technology of any nature whatsoever whether now known or hereafter devised (collectively, the “Rights”). Please note that the Site will not publicize any personal identifying information which is submitted by you to the Site such as email addresses, mailing addresses and phone numbers. You acknowledge that by submitting any Material, you are at least 18 years of age, and that you have all right, title and interest to Material and the right to submit the Material to the Site.

8. Limitations on Use. No Content from the Site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non- commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from us, or the copyright holder identified in the copyright notice contained in the Content. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available on this Site and other than generally available third-party web browsers.

9. Limitation on Liability. We do not accept any liability for any conduct, acts or omissions occurring on this Site. Under no circumstances will we be liable to you for any direct, consequential, incidental or special damages, including any lost profits or loss of data, even if you claim to have notified us about such damages, or for any claims by any third parties. In no event will our total liability to you exceed the amount you paid to us for any service. Any cause of action by you with respect to the Site and/or any service provided by us must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

10. Indemnity. You agree to indemnify, defend, and hold us harmless, at your own expense, from and against any liability, fees (including attorney’s fees), and/or costs arising out of or relating to any breach or violation of the Terms by you, including, but not limited to, any action arising out of any Material you transmit to the Site.

11. Jurisdiction and Venue. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Terms or the ownership, operation, or maintenance of this Site shall be resolved exclusively in the appropriate state or, where subject matter jurisdiction is proper, federal court in Los Angeles County, California. All such disputes shall be governed by and construed in accordance with the laws of the State of California.

12. Amendments. You agree that we may modify or add to these Terms of Use at our sole discretion, without notice to you, and that your right to access this Site is conditioned upon your compliance with the most current version of these Terms of Use. You further agree that we may modify all or any portion of this Site and/or any service available on this Site without notice or cause at any time.

13. Entire Agreement. The Terms constitute the entire agreement between you and us relating to your access to and use of this Site and supersede any prior or contemporaneous representations or agreements. The Terms shall govern our respective legal rights and obligations. Any rights not otherwise expressly granted by the Terms are reserved by us.

14. Invalidity. If any provision of these Terms of Use is deemed invalid or for some reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not in any way affect the validity or enforceability of the remainder of these Terms of Use not deemed invalid or unenforceable.

Disclaimer for written content:

The content on this page provides general consumer information. It is not legal or professional advice. If you are seeking professional advice, you should consult with your own licensed professional. Fight Back! updates information periodically. We do not assume any liability or responsibility for the interpretation, application, or accuracy of any information provided. This information may include links or references to third-party resources or content. We do not endorse the third-party or guarantee the accuracy of this third-party information.