All copyright rights in the text, images, photographs, graphics, user interface, source code, object code, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by Umbrella-Digital or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, transmitting, reverse-engineering, or re-selling any of the contents of the Service for any purposes. Nothing stated or implied on the Service confers on you any license or right under any copyright of Umbrella-Digital or any third party. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Umbrella-Digital. Requests for permission to reproduce any information contained in this Service should be addressed to Umbrella-Digital, Attn: [Legal]. Systematic retrieval of data or other content from this Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Umbrella-Digital is prohibited.
Umbrella-Digital respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Umbrella-Digital with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512 to [legal@Umbrelladm.com, 30 Montgomery Avenue, Suite 300 Jersey City, NJ 07302]:
Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging, and designs of all Umbrella-Digital or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Umbrella-Digital or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Umbrella-Digital or any third party. You acknowledge that the Service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material that are protected by copyrights, trademarks, or other proprietary rights and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
Links to Third-Party Services
This Service may contain links to other Services (“Linked Services”). The Linked Services are not under the control of Umbrella-Digital and Umbrella-Digital is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Umbrella-Digital is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by Umbrella-Digital in favor of any company offering Internet services, products, or services on the Linked Services.
You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Umbrella-Digital. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Service that:
You further agree not to:
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
Umbrella-Digital reserves the right to review submissions, postings, or comments on its Service, to remove any such submissions, postings, or comments, and to terminate your ability to post to the Service at any time without notice, in its sole discretion. Umbrella-Digital also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part.
Umbrella-Digital does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to, or through the Service. However, by utilizing the Service or submitting or posting information or material on, to, or through the Service, you grant Umbrella-Digital a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right (including any moral rights) and license to use, modify, adapt, publish, translate, create derivative works from, distribute and perform privacy compliant services with the intent of enhancing the NOMAD technology suite in a manner consistent with the remainder of this agreement and that does not violate any local, state or federal law.
Umbrella-Digital is under no obligation to maintain any posting, comments, or submissions you make and may remove any posting at any time in its sole discretion. By posting or submitting content to this Service, you also warrant and represent that you own or otherwise control all of the rights to the content of any public posting, and that use of your content by Umbrella-Digital will not infringe or violate the rights of any third party.
Online Privacy Statement
Umbrella-Digital is committed to ensuring that our Website, mobile applications, as well as, our products and services are generally accessible to people of all abilities. Umbrella-Digital is actively engaged in the ongoing process of developing, testing, and updating these platforms using the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) 2.0, Level AA, as a guideline. We test and will continue to test our Website on a periodic basis with assistive technology such as screen readers and screen magnifiers, and with users with disabilities who use these technologies. If at any time you have specific questions or concerns about the accessibility of any particular web page on this Website, please contact us at [Legal@umbrelladm.com], and we will make all reasonable efforts to make that page accessible for you.
Disclaimer of Warranties
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS.” UMBRELLA-DIGITAL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. UMBRELLA-DIGITAL DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UMBRELLA-DIGITAL DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (v) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (vi) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY UMBRELLA-DIGITAL OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
Limitation of Liability
IN NO EVENT WILL UMBRELLA-DIGITAL OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SERVICE, OR ON ANY WEBSITE LINKED TO THIS SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO THIS SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF UMBRELLA-DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL SERVICES, INCLUDING, WITHOUT LIMITATION, PRODUCTS, SERVICES, AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF UMBRELLA-DIGITAL’S SERVICES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, CATALOG, RADIO, TELEVISION, MOBILE DEVICE, SOCIAL MEDIA PLATFORM, AND ANY PHYSICAL LOCATIONS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, UMBRELLA-DIGITAL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
UNLESS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRICES AND DISCOUNTS FOR ANY AND ALL PRODUCTS OR SERVICES OFFERED FOR SALE (“OFFERS’) ARE EXCLUSIVE OF APPLICABLE SERVICE AND SHIPPING CHARGES AND FEDERAL, STATE AND LOCAL TAXES. THE COMPANY RESERVES THE RIGHT, WITHIN ITS SOLE DISCRETION, TO REFUSE TO ACCEPT AND PROCESS ANY AND ALL CUSTOMER ORDERS AND TO SUSPEND, DISCONTINUE, AND REFUSE THE USE OR ACCEPTANCE OF ANY AND ALL OFFERS, PROMOTIONS, OR DISCOUNTS IN THE EVENT OF ADVERTISING ERRORS AND/OR THE ACTUAL OR SUSPECTED MISUSE, FRAUD OR ABUSE ASSOCIATED WITH SAID PROMOTIONAL OFFERS OR CUSTOMER ORDERS.
IN NO EVENT SHALL UMBRELLA-DIGITAL OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF UMBRELLA-DIGITAL OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Upon a request by Umbrella-Digital, you agree to defend, indemnify and hold harmless Umbrella-Digital and its subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees from all liabilities, claims, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of the content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement or your violation of any rights of another.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You and Umbrella-Digital expressly agree to submit to the exclusive jurisdiction and venue of the courts in New York in all disputes arising out of or relating to the use of this Service.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Umbrella-Digital and governs your use of this Service, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Umbrella-Digital. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
The failure of Umbrella-Digital to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
No Professional Advice
Any information supplied by any employee or agent of Umbrella-Digital, whether by telephone, E-mail, letter, facsimile, Internet transmission, or another form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting, marketing or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. Any statement of facts contained on any Umbrella-Digital Website or in market comments, which may be posted on a Umbrella-Digital Website, are derived from sources believed to be reliable, but are not guaranteed accuracy, nor do they purport to be complete. No responsibility is assumed with respect to any such statement, nor with respect to any expression of opinion herein contained.
United States Service
The Service is controlled by the Company from its offices within the United States of America. The Company makes no representation that this Service or the Content is appropriate or available for use in other locations, and access to them from territories where the Content is illegal is prohibited. Those persons and entities that choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Umbrella-Digital as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of Umbrella-Digital’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Umbrella-Digital with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be Umbrella-Digital permissible in judicial or Umbrella-Digital administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If we decide to change any of these terms or conditions, we will post those changes, and the date we made those changes, here, so please check back often. If you have any questions or comments about this Agreement, you may contact Umbrella-Digital by e-mail at [Legal@umbrelladm.com].
You agree that any and all claims, disputes, controversies, actions, or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of, exploitation, or sale of any and all products and services of Umbrella-Digital and its Affiliates, through all merchandising channels, including, but not limited to, the internet, this Service, telephone, catalog, radio, television, mobile device and participating retail stores or the Content (collectively referred to as “Claims”), shall be governed by the internal substantive laws of the State of New York without regard to its conflict of laws principals Any Claim you may have must be commenced within one (1) year after such claim arises.
Umbrella-Digital. All rights reserved.
In addition to information processed as part of the normal operation of the NOMAD platform, there are four types of information that this site may collect during your visit: completed purchase information, consumer emails hashed for privacy compliance, cookies, and other information voluntarily provided by you.
INFORMATION WE GATHER
As part of the normal operation of the NOMAD platform, Umbrella-Digital receives point-of-sale data from its partners that is married to personally identifiable information. Before any data is processed by the NOMAD platform, all personally identifiable information is anonymized by Umbrella-Digital. Umbrella-Digital does not store personally identifiable data in raw format.
Umbrella-Digital may also gather information to communicate with you and to provide services through the NOMAD platform, but also to help improve our products and customer service. All of the above processing: is necessary to provide services to you; is necessary for us to comply with a relevant legal obligation; is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities; or you have consented to the processing.
The types of additional information we may collect include:
Umbrella-Digital does not process, collect, or store payment information. If you have concerns about your personal and/or payment information and would like to which specific vendors have processed your information, please contact: [Legal@umbrelladm.com].
How We Use/Share The Information We Collect
Umbrella-Digital, NOMAD analytics, and its affiliates do not sell customer information sourced through NOMAD to third parties for any reason. Umbrella-Digital does not share customer information with any third-parties other potentially as necessary for the purpose of performing the Services associated with the NOMAD platform exclusively for the end-user and owner of the information.
We use the information we collect to communicate with you, process your requests, enable marketing services for the data owner and only for the data owner, improve our products and services (such as by responding to your feedback), and to conduct internal research about the NOMAD platform.
All data entered and stored in NOMAD by Licensee is the property of the Licensee. Licensee understands and grants NOMAD access to data collected by Licensee for the purpose of making any necessary system modifications, providing technical support, and service, and managing and maintaining a repository of data that can be used only for enhancing NOMAD services. Umbrella-Digital agrees to take all reasonable efforts to safeguard the data to ensure data security and consumer privacy. Umbrella-Digital agrees to comply with all state and federal statutes and regulations and contractual conditions with regard to the protection, use, and analysis of data entered into NOMAD.
How to Limit the Use of or Modify Your Information
We want to communicate with you only to the extent you want to hear from us. Any promotional email we send to you or any email sent other than in response to a request from you will include an “unsubscribe” link to use or a link to opt-out of receiving further promotional emails from the sender. If you wish to set your preferences concerning promotional communications, please let us know by contacting us as noted below in the “How to Contact Us” section and identify your preferences regarding promotional communications. Your instructions will be processed as soon as reasonably practicable and in accordance with the law.
In certain situations, we may be required to disclose personal data in response to lawful requests from public authorities, including to comply with national security or law enforcement requirements. We reserve the right to disclose the information we collect from you, or that you provide to us, as required by law, in response to legal processes and law enforcement requests, when we believe, in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, respond to a government request, and to protect the rights or property of Umbrella-Digital, its users, customers, recipients, and vendors.
Maintenance of Information
We may retain your information in accordance with our data retention policies and for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements, or until you request us to stop using it. We may, however, keep some of your personal information to ensure that we comply with your request not to use your personal information or comply with your right to erasure. For example, we must keep your request to be erased, even if it includes your personal data, until such time as you are no longer our customer. If you have questions about our data retention policies or would like a copy of such policies, please contact us as noted below.
Portions of the Service may require registration and log-in processes in which you will select a user ID and password (collectively, the “Password”). Passwords provided to you by us are the confidential property of Umbrella-Digital and may be used by you solely for your individual use of the Service (and otherwise as specified by us). You are responsible for maintaining the confidentiality of any Password and for all activities that occur using your Password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your Password or accounts.
How to contact us
To update your information, inquire as to what information of yours if any, we are maintaining, request deletion or removal of your information, or for any other privacy-related inquiries, please contact us by email at [firstname.lastname@example.org], by telephone at [201-755-1569], or in writing at:
[Umbrella Digital Marketing, LLC ATTN: Legal]
[30 Montgomery Street, Suite 300 Jersey City NJ, 07302]