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Terms of Use

Last updated: May 16, 2017

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://www.newkeyz.com website (the"Service") operated by Sparhawk Marketing, LLC ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Sparhawk Marketing, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sparhawk Marketing, LLC.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Sparhawk Marketing, LLC

Sparhawk Marketing, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Sparhawk Marketing, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Sparhawk Marketing, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Sparhawk Marketing, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Sparhawk Marketing, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Maine, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Privacy Policy

Newkeyz.com (the "Site") is dedicated to protecting the privacy of our valued online customers. We created this Privacy Policy to demonstrate our firm commitment to the safety of your personal information.

We strive to provide a safe and secure shopping experience for our customers.

Third party Information. We may permit web analytics and other providers to collect and process information on our websites using various technologies. Some of these providers have information about you, including personal information, demographic information and interest reports. They may share this information with us and we may share your personal information with them. Third Party Information helps us to enhance and personalize our interactions with you so that the information you receive is more relevant to you. We use third party information for behavioral advertising, which allows us to predict your preferences and to show you ads and send you e-mails that are more likely to interest you.

This Privacy Policy outlines some of the types of personal information we receive and collect, and how we use that information. We hope this Privacy Policy will help you make an informed decision about sharing your personal information with us.

This Privacy Policy covers the following information:

  • The types of personally identifiable information collected about you during your relationship with Newkeyz.com.
  • How we use and share the information that we collect from you.
  • The choices you have about the collection, use and sharing of your personally identifiable information.
  • The types of security procedures we take to safeguard your personally identifiable information.
  • How you may access, update and change personally identifiable information you've provided.
  • California Residents.
  • Other Information.
  • How you can ask questions, or send us comments about this Privacy Policy.

Your use of the Site constitutes your acceptance of this Privacy Policy and your consent to the practices it describes. The information we learn from customers helps us personalize and continually improve the shopping experience at the Site.

Types of Personally Identifiable Information We Collect

While you visit the Site we collect various types of personally identifiable information (PII). Here are the types of information we gather:

  1. Information You Provide Us.
    Much of the personally identifiable information we receive comes directly from customers who are interested in obtaining various products and services by shopping at the Site. Typically, this information includes your name, postal address, email address and telephone number. We may also collect other types of information such as gender, age, number of children, and personal interests, which we may associate with personally identifiable information. If you purchase products or services through the Site or our vendor partners we will note, for example, the type of services or products ordered or purchased, and the date of the order or purchase. We collect personal information when you register, log on, or visit the Site, including when you participate in activities on the Site, such as by placing an order or completing a user registration form.
  2. Information From Others.
    We are constantly improving the products and services we provide our customers. To aid in serving you better we may supplement personally identifiable information that we have collected directly from our customers with other information that we obtain from third parties or from our vedor partners. In addition, we may obtain information about individuals who are not yet users of the Site. To ensure your privacy when we associate information that we obtain from third parties with personally identifiable information that we have collected under this Privacy Policy, we will treat the acquired information like the information that we collected ourselves. For example when Newkeyz.com creates a new account on behalf of users who have utilized the services of one of our partner sites.
  3. Information Collected Through Technology.
    We collect information through technology to make the Site more interesting and useful to you. For instance, when you come to the Site, we may collect your IP address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider), your company, or your university. Standing alone, your IP address is not personally identifiable. At times, we also use IP addresses to collect information regarding the frequency with which our customers visit various parts of the Site. We may combine this information with personally identifiable information as more fully described in paragraph 1a. above.

We also use cookies. Cookies are pieces of information that a site sends to your computer while you are viewing the site. Cookies are used for a variety of purposes. For instance, when you return to the Site after logging in, cookies provide information to the Site so that the Site will remember you. We may also use temporary or "session" cookies to help you shop. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. If you turn cookies off, you won't have access to many features that make your experience on the Site smoother, like the features mentioned above, and some of our services may not function properly. Some of our business partners may also use cookies on the Site; however, we have no access to, or control over, these cookies and do not accept any responsibility for such use.

The Site uses a variety of technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in images on the pages of web sites. We may use these technical methods to analyze the traffic patterns on the Site, such as the frequency with which our users visit various parts of the Site. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We also use these technical methods in HTML emails that we send our customers to determine whether customers have opened those emails and/or clicked on links in those emails. The information from use of these technical methods may be collected in a form that is personally identifiable.

The Site includes third party advertising and links to other web sites such as network advertisers. We do not provide any personally identifiable information to these network advertisers. Network advertisers who place advertisements on the Site, or third parties with whom we have a relationship, may also use cookies and web beacons to collect non-personally identifiable information. You may not realize this information is being collected. In some cases, we may have access to information from web beacons and cookies used by network advertisers on the Site and this information may permit us to identify other sites that you have visited that are also associated with the network advertiser. Once you have clicked on an advertisement and have left the Site, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their site. You should contact these advertisers directly if you have any questions about their use of the information that they collect.

How We Use and Share the Personally Identifiable Information We Collect

  1. Use by Newkeyz.com.
    We may use personally identifiable information for Operational Uses such as helping to establish and verify the identity of users; opening, maintaining, administering and servicing user accounts; processing, servicing or enforcing transactions and sending related service communications; providing services and support to users such as Reminders, rebates, contests, sweepstakes; improving the Site (including tailoring it to users' preferences); providing users with service or product updates, promotional notices and offers; responding to your questions, inquiries, comments and instructions; and maintaining the security and integrity of our systems. We may also use personally identifiable information to provide offers, promotions and product updates to you via standard mail. Your email address and other personally identifiable information may be used by us or any subsidiary, parent, affiliate or other corporation into which we merge or is otherwise acquired or sold, in whole or in part ("affiliates"). Information or content submitted may be used by us or our affiliates to provide other consumers with product reviews and shopping information. If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, fee-free, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant us the right to use the name or home town that you submit in connection with such content. Your personally identifiable information may be used by us or any subsidiary, parent or other corporation into which we merge or are otherwise acquired or sold, in whole or in part ("affiliates").
  2. Use of Your Email Address Or Email Address You Provide to Us.
    Your email is considered personally identifiable information. In addition to other ways we are permitted to use personally identifiable information, we may also use your email address for processing, servicing or enforcing transactions and sending related service communications; providing users with service or product updates, promotional notices and offers; and/or responding to your questions, inquiries or comments. Your email address may be used by us or any subsidiary, parent or other corporation into which we merge or is otherwise acquired or sold, in whole or in part. If you choose to use our referral service to tell a friend about our Site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. We store this information for the sole purpose of sending this one-time email and tracking the success of our referral program. Your friend may contact Info@Newkeyz.comto request that we remove this information from our database.
  3. Use by Merchant Partners.
    We share information about you with our Merchant Partners for Fulfillment Uses such as using your email address for shipping and other contact information for purposes of processing, servicing or enforcing transactions and sending order status and other related communications. If you order products from a vendor partner they will receive your order information, name, address, telephone number, age and gender, as well as any other information necessary to properly fulfill your order. Their treatment of your Personal Information will be governed by the terms of their Privacy Statement, which we will always provide for your review during checkout, when an Alice.com product is in your cart. You can contact each Merchant Partner through partner sites directly for questions regarding your orders and personal information.
  4. Co-Branding Partners.
    We have Co-Branding Partners that provide unique benefits to our customers. In Co-Branded Partnerships, we may acquire, share with our Co-Branding Partners or use personally identifiable information identified in paragraph 1.a., above, to communicate special offers, provide additional benefits or for other related uses.
  5. Affiliate, Parent and Subsidiary Companies.
    In order to provide the best service to our customers, we may share your personally identifiable information and information about your spending habits with our Affiliate companies.
  6. Disclosures Required By Law and Disclosures to Help Protect the Security and Safety of Our Sites, and Others.
    Regardless of any opt-out choices that you make we will disclose personal information when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce our Terms of Use; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Site, Newkeyz.com, and/or third parties, including the safety and security of property that belongs to third parties.

Third Parties.

We may share your information, including personally identifiable information, with non-affiliated and affiliated third parties.

  • Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your information will be subject to this Policy.
  • Retail Partners, Service Providers and Business. In the event that you purchase products and services through Newkeyz.com through either local or national retailers or service providers Newkeyz.com shares the personal information that you provide with the applicable third parties in order to fulfill your request. You may receive communications, correspondence, emails, or direct mail from these entities; each such party operates independently from Newkeyz.com and is not subject to this Policy but is subject to its own privacy policy. In some instances, we allow Clients to use our email system to contact Consumers based on their recent or past purchases, so you may receive emails from our system that originate with such Clients. Please refer to that party’s privacy policy if you have any questions about its use of your information.
  • Other Non-Affiliated Third Parties. We may disclose the information that we collect about you to non-affiliated third parties (with your consent, if consent is required by law), such as promotional partners and others with whom we have marketing or other relationships. Those third parties may use your information for marketing purposes, such as to market products and services that they believe would be of interest to you. We also may combine the information that we collect about you with other information that we obtain from third parties. This information may help us to determine what advertisements to direct to you, to place on our website, and where to advertise our Services. You have the ability to opt-out of certain uses of your information. You also have the ability to opt-in to receiving certain information from us and non-affiliated third parties.
  • Affiliate and Referral Partners. Newkeyz.com.com has referral relationships with third-party companies and individuals ("Referral Partners") who refer their customers to Newkeyz.com. Newkeyz.com and a Referral Partner may share certain information with respect to a Consumer that is referred by Newkeyz.com.com or a Referral Partner to allow Newkeyz.com and the Referral Partner to establish the identity of the shared Consumer and determine referral fees owed.

Your choices about the collection, use and sharing of your personally identifiable information

You may choose to opt-out (or decline to give us), your consent to use personally identifiable information for the purposes of receiving promotional materials from us, from our Merchant Partners, our Co-Branding Partners and/or our Affiliate, Parent and Subsidiary Companies. There are several methods by which you can exercise your opt-out choices: (a) during the registration process on our Site; (b) after registration, by logging on our Site, clicking on My Account link, Privacy Policy links or going to My Account - Edit My Privacy Settings and following the opt-out directions; (c) by emailing or writing Newkeyz.com using the contact information provided below; (d) promotional emails you receive from us will provide you with an "unsubscribe" option; and (e) at other times and locations on the Site. Each of these opt-out choices is subject to the exceptions described further below.

Please keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, (b) we use your personal information for either "Operational Uses" or "Fulfillment Uses" (c) we share your personal information under the provisions of paragraph 2 above with respect to "Companies That Facilitate Communications and Transactions With You," Required By Law and Disclosures to Help Protect the Security and Safety of Our Sites and Others.

Finally, if you do not exercise your opt-out choices upon registration or initial log-in at our Site, it may take up to ten (10) days for your opt-out choices to become effective. As our systems require time to update, promotional mailings using personal information shared before you opt-out may already be in process. Thus, you might continue to receive promotional materials from us based upon the personal information you have provided under this Privacy Policy for up to ten (10) days. For similar reasons, your personal information might continue to be shared with third parties for promotional purposes for up to ten (10) days.

Security Measures to protect your personal information

The security and confidentiality of your information is extremely important to us. We have implemented technical, administrative, and physical security measures to protect your information from unauthorized access and improper use. On a regular basis, we review our security procedures in order to consider appropriate new technology and methods. Please be aware, however, that no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your email address, we cannot guarantee its absolute security.

Whether you're ordering a service or making a purchase, we want you to feel safe and secure while visiting the Site. You can also feel confident making purchases from established Co-Branded Partner sites. Only a few individuals within the company are given degrees of access to customers'personal information according to job function and necessity. Access is granted to these employees through special passwords. All employees are kept up to date on our security and privacy practices. Finally, the servers that store personally identifiable information are kept in a secure environment. If you have any questions about security on the Site, you can send an email to us at info@Newkeyz.com

How can you access, update your information and opt out choices

You can access and update the contact information you gave us during registration (that is, your postal address, email address, or any other information that would directly enable us to contact you), or modify your opt-out choices, by going to My Account.

If you want to review, modify or correct any of this information, simply click on this link or go to the My Account center on the Site, and then log in with your member name and password. If you have forgotten your password, there are instructions on the link above to help you recover your password. If you need to recover your password, you can also contact us via email at info@Newkeyz.com. Please include information in the email that will help us identify your account so we can assist you with your request. We may also provide you an opportunity to update your contact information and/or modify your opt-out choices by sending you an email or other communication that invites your response. Finally, you may unsubscribe from certain email communications by clicking on unsubscribe links in those emails.

CALIFORNIA RESIDENTS

California Civil Code Section 1798.83, also known as the Shine The Light law, permits Newkeyz.com customers who are California residents to request information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If you are a California resident you may submit your request for this information to: info@Newkeyz.com

Regular mail:

Newkeyz.com
P.O. Box 1192, yarmouth, ME. 04096
Yarmouth, ME. 04096
email: info@Newkeyz.com

Other Information

  1. Child Use.
    We do not knowingly collect personal information from, or sell products for purchase by, persons under the age of 18. We sell children's products for purchase by adults. Do not provide information to us, or purchase from this Site, if you are under the age of 18.
  2. Legal Disclaimer.
    We may disclose personal information when required by law or in the good-faith belief that such action is necessary in order to conform to the edicts of the law or comply with a legal process served on our Site.
  3. Notification of Changes.
    Our business changes constantly and our Privacy Policy will change accordingly. You should check our Site frequently to recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

If we decide to change our email practices, we will post those changes to the Site so that you are aware of what information we collect, how we use it and under what circumstances, if any, we disclose it.