Terms of Use Agreement
Capella Kincheloe, LLC (“COMPANY”) welcomes you to this site, www.capellakincheloe.com (“SITE”).

Please read the following terms of use. This agreement constitutes a license which covers your use of this SITE and any transactions that you engage in through this SITE (“AGREEMENT”).

BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

USE OF SITE

This website is provided solely for the use of current and future customers of COMPANY to provide you with information about my company, to permit you to place orders for my products and services, and to enable you to contact my team and me with any questions or comments that you may have. Any other use of this site is prohibited.

You may not use any features of this SITE that permit communications or postings to post, transmit, display, or otherwise communicate any of the following:

i. Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

ii. Any advertisement, solicitation, spam, chain letter, or other similar type of information;

iii. Any encouragement of illegal activity;

iv. Unauthorized use or disclosure of private, personally identifiable information of others; or

v. Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

SITE CONTENTS AND OWNERSHIP

The information contained on this site, including without limitation, all images, designs, photographs, writings, graphs, data, and other content (“MATERIALS”) are the property of COMPANY or are legally licensed to the COMPANY and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.

Permission is granted to display, download, and print portions of this site solely for the purposes of using this SITE for the authorized uses described above. You must provide correct attribution to COMPANY.  No derivative or commercial use is permitted without express written permission from COMPANY.

You may not use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the SITE; or access or use for any commercial purposes any part of the SITE or any services or materials available through the SITE.

You SHALL comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the MATERIALS. Except as provided in this AGREEMENT, COMPANY does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

DISCLAIMER OF WARRANTY

You expressly agree that use of this website is at your sole risk.

Neither COMPANY, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “PROVIDERS”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The MATERIALS may contain errors, omissions, inaccuracies, or outdated information. Further, COMPANY does not warrant reliability of any statement or other information displayed or distributed through the site.

COMPANY reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. COMPANY may make any other changes to this site, the MATERIALS and the products, programs, services, or prices (if any) described in this site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES

YOU AGREE THAT COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless COMPANY, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this AGREEMENT, violation of any law or regulation, or violation of any proprietary or privacy right.

PRIVACY POLICY

COMPANY’S privacy policy governing the use of information that COMPANY obtains from you through your use of this SITE is outlined below.

LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this SITE must be commenced within one year after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, COMPANY may immediately discontinue, suspend, terminate, or block your and any user’s access to this SITE at any time in our sole discretion.

HYPERLINK DISCLAIMERS / THIRD PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

As a convenience to you, this SITE links to websites operated by other entities (collectively the “LINKED SITES”). If you use any LINKED SITES, you will leave this site. If you decide to visit any LINKED SITE, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

LINKED SITES, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by COMPANY. The content, accuracy, opinions expressed, and other links provided by LINKED SITES are not investigated, verified, monitored, or endorsed by COMPANY.

COMPANY does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any LINKED SITE, other than linked information authored by COMPANY. Links do not imply that COMPANY or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any LINKED SITE is authorized to use any trademark, trade name, logo or copyright symbol of COMPANY or any of its affiliates or subsidiaries.

Except for links to information authored by COMPANY, COMPANY is neither responsible for nor will it be liable under any theory based on

(i) any LINKED SITE;
(ii) any information and/or content found on any LINKED SITE; or
(iii) any site(s) linked to or from any LINKED SITE.

If you decide to visit any LINKED SITES and/or transact any business on them, you do so at your own risk. COMPANY reserves the right to discontinue any LINKED SITE at any time without prior notice. Please contact the webmasters of any LINKED SITES concerning any information, goods, and/or services appearing on them.

AFFILIATE DISCLAIMER
COMPANY may participate in affiliate relationships. By clicking on certain links, you may be directed to an affiliate website, where COMPANY may receive a pre-arranged benefit for recommending certain products and or services. Company only participates in affiliate relationships with products and or services that COMPANY has personally used; however, COMPANY’S recommendation in no way provides any guarantee of your experience with recommended products and or services.

COMPANY assumes no liability for the recommendation of affiliate products and or services.

Capella Kincheloe is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This AGREEMENT is governed by and shall be construed in accordance with the laws of the State of Arizona, U.S.A., without reference to its conflict-of-law provisions.

COMPANY makes no representation that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Maricopa County, Arizona, for any disputes with COMPANY arising out of your use of this SITE.

ENTIRE AGREEMENT

This AGREEMENT constitutes the entire agreement between COMPANY and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and COMPANY with respect to this website.

A printed version of this AGREEMENT and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on 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 for any reason a court of competent jurisdiction finds any provision of this AGREEMENT or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this AGREEMENT, and the remainder of this AGREEMENT shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

This AGREEMENT at any time may be revised and you agree to be bound by the revised AGREEMENT. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this AGREEMENT from time to time to review the most current terms and conditions. COMPANY does not and will not assume any obligation to notify you of changes to this AGREEMENT.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from COMPANY solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

PRIVACY POLICY

This privacy notice provides you with details of how we collect and process your personal data through your use of our site www.capellakincheloe.com.

By providing us with your data, you warrant to us that you are over 13 years of age.

Capella Kincheloe LLC is the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this privacy notice).

Contact Details
Our full details are: 
Capella Kincheloe LLC
support@capellakincheloe.com
14040 N Cave Creek #101Q Phoenix, AZ 85020

It is very important that the information we hold about you is accurate and up to date. Please let us know if at any time your personal information changes by emailing us at support@capellakincheloe.com.

My Commitment to Your Privacy

Your privacy is very important to my company, Capella Kincheloe, LLC (“COMPANY”). COMPANY is committed to protecting your privacy. My team and I use the information we collect about you to personalize your experience at www.capellakincheloe.com (“SITE”).

PART OF OUR OPERATION OF SITE INVOLVES THE COLLECTION AND USE OF INFORMATION ABOUT YOU. This privacy policy explains what type of information the SITE collects and what is done with that information, to allow you to make choices about the way your information is collected and used. This privacy policy may change from time to time, so please check it often.

Your Consent to this Privacy Policy

By using SITE, you consent to the terms of this privacy policy.

Children’s Online Privacy Protection Act Compliance

This SITE is in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), COMPANY doesn’t knowingly collect any information from anyone under 13 years of age. SITE, products, and services are all directed to people who are 13 years of age and older.

WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT 
Personal data means any information capable of identifying an individual. It does not include anonymized data.  We may process the following categories of personal data about you:

  • Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
  • Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract. 
  • User Data that includes data about how you use our website and any online services together with any data that you post for publication on our website or through other online services. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business. 
  • Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from our analytics tracking system. We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising.  Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
  • Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising.  Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
  • We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook adverts or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
  • Sensitive Data We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offences.

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at support@capellakincheloe.com. In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing.

We may process your personal data without your knowledge or consent where this is required or permitted by law.

We do not carry out automated decision making or any type of automated profiling.

HOW WE COLLECT YOUR PERSONAL DATA

We may collect data about you by you providing the data directly to us (for example by filling in forms on our sites or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details.

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.  

MARKETING COMMUNICATIONS

Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business). 

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you made a purchase or asked for information from us about our goods or services or (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However you can still opt out of receiving marketing emails from us at any time.

Before we share your personal data with any third party for their own marketing purposes we will get your express consent.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or OR by emailing us at support@capellakincheloe.com at any time.

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc. 

DISCLOSURES OF YOUR PERSONAL DATA  

We may have to share your personal data with the parties set out below:

  • Other companies in our group who provide services to us.
  • Service providers who provide IT and system administration services.
  • Professional advisers including lawyers, bankers, auditors and insurers.
  • Government bodies that require us to report processing activities.
  • Third parties to whom we sell, transfer, or merge parts of our business or our assets. 

We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.

We may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information on receipt of the appropriate documentation. We may also release information to law enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel or to enforce our terms of use.

DATA SECURITY  

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

DATA RETENTION  

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.

For tax purposes the law requires us to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers.

In some circumstances we may anonymize your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

YOUR LEGAL RIGHTS (EUROPEAN UNION) 

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.

You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you wish to exercise any of the rights set out above, please email us at support@capellakincheloe.com

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.

COOKIE POLICY

This SITE uses cookies. Cookies are small data files, typically made up of a string of text and numbers, that assign you a unique identifier. This information enables your computer to have a “dialogue” with my SITE and permits my team and I to administer this SITE more efficiently and to provide a more tailored and user-friendly service to you.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see

Third parties that link on this site may use cookies or collect other information when you go to their site. We do not control the collection or use of your information by these companies. You should contact these companies directly if you have any questions about their collection or use of information about you.

Opt-Out Policy

If at any time you do not wish to receive offers and marketing e-mails from us, you must tell us. There are two ways you may do this:

  1. You may remove your name from our mailing list by sending an e-mail addressed to support@capellakincheloe.com and indicating in the subject line “Opt-Out.”
  2. You may click the unsubscribe link located at the bottom of all of our marketing emails and or offers.

Protection of Your Information

We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.

Information supplied via online order and or registration forms is only used by COMPANY.

COMPANY does not sell or rent customer lists.

COMPANY has contracted with a third-party provider, ConvertKit, to host email list databases and process payment. ConvertKit has promised that it will not share COMPANY customer information with third parties.

COMPANY uses Google® Analytics to track overall statistics about computer usage on our site. This information is not linked to individual customer information.

Transfer of Customer Information

Customer lists and information are properly considered assets of a business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.

COMPANY reserves the right up to update and or change any or all of these terms at any time, and without notice. The date at the bottom of this page will reflect when the document was updated. COMPANY is responsible for keeping the updated terms here, and it is your responsibility to check for updates here.

Updated June 13, 2018