TERMS AND CONDITIONS
By visiting and using pithysummary.com (“the website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the website. Pithysummary.com reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
AGE AND UNITED STATES USE ONLY
All information and content on this website is intended for individuals over the age of 18. Children as defined in our Privacy Policy are prohibited from using this website. We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Ohio and the United States.
You agree to consent and submit to the jurisdiction of the state and federal courts located in Ohio without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
You agree to resolve any disputes or claims first through mandatory arbitration in the state of Ohio and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
INTELLECTUAL PROPERTY
All content on this website, including text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the website, and
(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
THIRD PARTY LINKS
The website may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; but, we do not own or control these third party websites. Once you click on a third party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
INDEMNIFICATION
You agree to indemnify and hold us and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; (e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. We will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and Disclaimer constitutes the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
DISCLAIMER
GENERAL INFORMATION
Pithysummary.com (“the website”) provides general educational information as a public service, which should not be construed as professional or legal advice. These are my personal opinions only.
The term “you” refers to anyone who uses, visits and/or views the website.
Please read this Disclaimer carefully, and we reserve the right to modify it at any time without notice. By visiting and using this website, you accept and agree to be bound by this Disclaimer along with our Terms and Conditions and Privacy Policy. Your continued use of the website constitutes your acceptance of future changes and updates to this Disclaimer.
GENERAL DISCLAIMER
All content and information on this website is for informational and educational purposes only, does not constitute professional advice of any kind and does not establish any kind of professional-client relationship by your use of this website.
AFFILIATE / THIRD PARTY LINKS DISCLOSURE AND DISCLAIMER
We may partner with other businesses or become part of different affiliate marketing programs whose products or services may be promoted or advertised on the website in exchange for commissions and/or financial rewards when you click and/or purchase those products or services through our affiliate links. For instance, the website is a participant in the Bookshop.org Affiliate Program. We will receive a commission if you make a purchase through our affiliate link at no extra cost to you.
We may also recommend other products based on our personal experiences but it is still your responsibility to conduct your own due diligence to ensure you have obtained complete accurate information about such the product.
These affiliate or third party relationships in no way compromise the integrity of the content, information, services and materials being presented to you here, and you are under no obligation to click on these affiliate links to purchase those products or services being offered. These affiliate programs are selected based on personal experiences and preferences.
Although we provide these affiliate links on the website for your convenience, we have no control over these external websites and they are solely responsible for their own content and information presented. Therefore, the Website cannot be held liable or responsible for any content presented on these external websites and for any damages resulting from them.
This disclosure policy applies to all affiliate links we share on our website, social media, emails, and any other means of communication with you.
SPONSORED POSTS / REVIEWS DISCLAIMER
We may include sponsored blog posts on our website from time to time for products or services we recommend or those that have been valuable in our personal experience or use.
We may review different products, services and other resources to provide reviews of books, services and any other recommendations to you. We may receive incentives, discounts, compensation or free products in exchange for our reviews and sponsored content. All such reviews and sponsored posts are solely our honest opinions made in good faith. You are always encouraged to perform your own due diligence prior to relying on them.
We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here.
You are encouraged to perform your own due diligence and research and are solely responsible for your decisions, purchases from our affiliate links, sponsored content and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.
FAIR USE DISCLAIMER
This website reviews products and books, including but not limited to posting of product images from other websites, logos of manufacturers, and book covers. In doing so, no copyright is claimed for this kind of content on the website and to the extent that such material may appear to be infringed, we assert that such alleged infringement is permissible under the fair use principles of U.S. copyright laws. If you believe any material has been used in an unauthorized manner, please contact us at carlen.zhangdsouza@pithysummary.com.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we shall not be liable to you for any damages resulting from (1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; (2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; (3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and (4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
PRIVACY
Ptihysummary.com (“the website”) is dedicated to respecting the privacy of your personal information, and this privacy policy describes what information is collected from you on the website and how it is used. The term “you” refers to anyone who uses, visits and/or views the website.
By visiting and using the website, you accept and agree to be bound by this privacy policy. Your continued use of the website after posting any changes to our Privacy Policy constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by this Privacy Policy.
CHILDREN’S PRIVACY
We respect the privacy of children and “child” means an individual under the age of 13. All information and content on this website is intended for individuals over the age of 18. Children under the age of 13 are prohibited from using this website. We do not knowingly collect, use or disclose personal information from children under the age of 13 without prior parental or guardian consent. If you believe personal information is collected from someone under the age of 13 without parental or guardian consent, then please contact us to have that information deleted.
WHAT INFORMATION WE COLLECT AND HOW IT IS USED
When you access the website, you may provide certain personally identifiable information, including your name and email address.
This information is collected when you subscribe to the Weekly Bulletin, contact us, use the search feature on the website, provide comments or any other feedback, fill out a form, or enter any other information on the website to communicate with us.
Your personal information is used to personalize your experience, improve the website to better serve you, provide customer service support, and to follow up with you through correspondence.
Additionally, like other websites, this website automatically collects certain information about you through Log Data and Google Analytics. Log Data is information about your computer’s Internet Protocol Address, which is your “IP” address, browser information, Internet Service Provider’s information, your operating system, and your browser type. Similarly, Google Analytics collects certain information about your location, browsing history, the pages you visit, equipment you used to access the website, traffic patterns, and other general patterns related to your use of the website.
This information is used to analyze website statistics related to user behavior and interests, improve our performance and your use of the website and to further enhance our products and services offered to you.
COMMENTS AND SOCIAL MEDIA
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. When you leave a comment, your name, email address and website/organization name is not shared with a third party, and may be used to communicate with you.
Social media accounts and sharing options are available on this website. Social media sites (Facebook, Twitter, etc.) can track your personal information. Should you choose to interact with us on social media, please note that you will be voluntarily disclosing that personal information. This information is no longer private. It becomes public information and can be collected and used by others. We have no control over and take no responsibility for the use, storage or dissemination of such publicly disclosed personal information by you.
Any such interactions via comments and social media with us do not subject us to any kind of liability related to misuse of your information by others.
USE OF COOKIES
The website may use cookies to facilitate your use of the website. Cookies are files with small amounts of data including an anonymous unique identifier that a website sends to your computer’s hard drive when you are viewing the website. Just like other websites, we automatically collect some non-personally identifiable information including but not limited to your IP address, geographic location, language preference, date and time of visitors.
When you leave a comment on our website, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment.
If you have an account and you log in to this website, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
We may use cookies for various reasons such as optimizing and personalizing your browsing experience, checking our website analytics, saving your preferences and settings for future use, serving ads based on your liking and interests, affiliate marketing and for posting comments on our website.
This information is only collected to better serve and understand your user experience on the website. You have the option of turning off cookies on your computer should you wish to do so. If you choose to do that, you may not be able to view all features and content of this website.
USE OF WEB BEACONS AND PIXELS
In conjunction with the use of cookies, third parties may also use web beacons, which are also known as clear GIFs, web bugs or pixel tags to collect general information about your use of our website. They monitor user activity and are used to track customer behavior data. This information may be relevant to third parties such as the ad networks used on our website to tailor the advertising based on your behavior and interests.
We may use social media pixels to track and collect general information about your use in compliance with different social media sites (Facebook, Twitter, etc) for the purpose of promoting products, tracking conversions, remarketing, running target advertisements and so forth.
Third parties like Facebook may use their own cookies, web beacons and other technologies to collect and receive information from our website for the purpose of providing target advertisements. You may see our ads on Facebook after you have visited our website.
THIRD PARTY LINKS AND USE
We may include, offer or advertise third party links, products or services on the website. Once you click on a third party link and leave this website, you are no longer bound by our Privacy Policy and Terms and Conditions.
Articles on this website may include embedded content (e.g. videos, images, advertisements, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.
We have no control over these third parties and they have their own privacy policies. Neither are we responsible for the activities and practices of these third parties. You should contact them directly and read their privacy policies for any questions. You also agree that your use of these third party websites is solely at your risk.
DISCLOSURE OF YOUR INFORMATION
As a general rule, we do not disclose your personal information to third parties without your consent with the exception of the following circumstances:
We may disclose your information to our trusted third parties that work with us such as our website hosting partners, email marketing service provider, other service providers that assist in the operation of the website, and any other affiliates and subsidiaries we rely upon to provide you products and services offered here.
We may disclose your information in order to comply with state or federal regulations related to copyright infringement lawsuits or any other legal claims related to the website.
We may disclose your information to our successor and/or acquiring party in the event of a merger, acquisition, restructuring, dissolution or partial sale in the future. However, your personal information will be transferred to the acquiring party in accordance with this privacy policy.
EMAIL MARKETING
You have the option of opting in or unsubscribing from our email list. By subscribing and opting in, you agree to receiving Weekly Bulletins, updates, messages, promotional materials and any other content related to this website. When you send an email, your email message along with email address and responses are saved for communication purposes with you. This information is kept confidential and we do not share, sell or trade your email information with third parties except as otherwise stated in this privacy policy.
We do not envision offering goods or services to individuals living in the European Union as outlined in the General Data Protection Regulation (“GDPR”).
OPT OUT
We comply with the CAN-SPAM Act of 2003 and do not spam or send misleading information. Should you wish to no longer receive communication from us, you have the option of unsubscribing by clicking “unsubscribe” in the bottom of the email we send to you or by contacting us.
As for third party websites, please contact them directly to unsubscribe and/or opt out from their communications.
We are in compliance with the GDPR along with the email marketing service we use to collect your data.
GDPR VISITOR RIGHTS
Under the GDPR, if you are within the European Union, you are entitled to certain rights and information listed below.
We will retain any information you choose to provide to us until the earlier of:
You ask us to delete the information by sending a request to carlen.zhangdsouza@pithysummary.com Please note that such requests may result in you no longer being able to access paid or free content previously provided to you.
Our decision to cease using our existing data providers.
The website decides to no longer be in business or continue to offer the services.
The data is no longer needed to provide you service, is too costly to maintain further retention, or the website finds it outdated.
You have the right to request access to your data that we store and have the ability to access your personal data.
You have the rights to either rectify or erase your personal data. You have the right to verify the accuracy of your personal data and have it corrected or removed completely
You have the right to seek restrictions on the processing of your data. When you restrict the processing of your data, we can store your data but cannot process it further.
You have the right to object to the processing of your data in certain circumstances including but not limited to direct marketing, profiling, scientific or historical research purposes, statistical purposes, automated decision making and profiling and tasks based on legitimate interests or in the public interest/exercise of official authority.
You have the right to the portability of your data. You have the right to request your personal data from us, receive it and transfer it to another controller.
You have the right to withdraw consent at any time. If you have provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent any time without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably necessary to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
YOUR RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA COMPLIANCE)
If you reside in California, you are entitled to additional rights under California law and we ensure compliance with the CCPA. Here are your rights:
You have the right to know whether your personal information is sold or disclosed to third parties.
You have the right to say no to the sale of your personal information.
You also have the right to access your personal information, which we will provide within 30 days of such request.
You have the right to know what personal information is collected from you and how it is used, which we explained in this Privacy Policy
You have the right to have your personal information deleted
You have the right to equal service, price and no discrimination
You have the right to data portability and right to request your personal information and use it for your own purposes
Pursuant to California’s “Shine the Light Act,” you are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. We may disclose your personal information to our affiliates or other related third parties such as service providers, vendors for their use in marketing to you, so we can provide the products and/or services offered on this website to you. When we disclose such information, your personal information is still kept confidential and between us and that third party. It is not used for any other purpose that’s not permitted under the laws.
Please be advised we DO NOT SELL YOUR PERSONAL INFORMATION to third parties and have never sold your personal information. We do not intend to sell your personal information in the future either.
Under the CCPA, you still have the right to opt-out of such sales and send us a “do not sell my information” request. If you would like to exercise any of your rights under California law, please submit a verifiable consumer request to us by sending us an email at carlen.zhangdsouza@pithysummary.com. Only you as the person registered with the California Secretary of State can make such verifiable consumer requested related to your personal information or someone you authorize to act on your behalf.
Your verifiable consumer request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person about whom we had collected personal information. You must describe your request with enough details such as your first and last name, address and your country that allow us to properly understand the request and respond to it. Please note we cannot respond to your request or provide you with personal information unless we first verify your identity or authority to make such a request and confirm that the personal information relates to you. We will make all attempts to respond to your request within 30 days of receipt.
This privacy notice for California residents supplements the information included in the previous sections of this privacy policy. California and Delaware law also requires us to state whether we honor “Do Not Track” settings in your browser regarding targeted advertising and we do not monitor or respond to Do Not Track browser requests.
PRIVACY POLICY UPDATES
This privacy policy is effective as of October 17, 2021 and will be updated and modified as needed. You are responsible for visiting this page periodically to check for future updates to this policy. Any modifications to this privacy policy will be effective upon our publishing of the new terms, and your continued use of our website after the posting of any updates constitutes your acceptance of our modified privacy policy.