Introduction
Scale Creative Group, LLC (“Scale”) maintains a website for use by its customers, vendors, and others in the marketing, branding, and advertising industries. This policy regards the use of any information provided through the website whether by direct entry by a website user or passively by the user’s browsing of the website. Access to and use of the Scale website is subject to the privacy policies and terms and conditions set forth below.
Collection of Personal Information
Scale may retain any information submitted to it through this website, whether such information is submitted directly through the website passively or by direct user entry. The Scale website allows users to provide Scale with their names and email addresses. The Scale website does not collect any other user-input information. The purpose of collecting email addresses of the users is to distribute the Scale newsletter to email addresses collected through the website. The users’ act of inputting their email address constitutes consent to Scale to deliver copies of its newsletter to the users at the email address provided.
Collection of Non-Personal Information
Scale servers will automatically record information that is sent by your browser through the use of the website. This information may include but is not necessarily limited to the server’s IP address, browser type and version, operating systems, language preferences, webpage from which you are visiting, access times and dates, and other information.
Use of Information
Scale may use the information provided, whether directly or indirectly, to contact you for business and/or marketing purposes and for purposes of improving its own website. Improvements to its own website include but shall not be limited to its content and functionality.
Cookies
The Website uses “cookies.” A cookie is a file placed on the user’s hard drive by a webpage server. Cookies are used to collect and track information that relates to the user’s browsing activities. Cookies can assist the Website in tracking and targeting the interests of the users. Information obtained by cookies may include the user’s IP address, the type of device, any unique identifier attributable to the device, the browser type, the internet provider and the device’s operating system. Many browsers automatically accept cookies, unless the browser is set to decline the use of cookies.
Do Not Track Signals
Some websites track a user’s online activity. This could include collecting information related to a user’s visits to other websites over time. Scale does not track users’ access to any other websites.
Information Security
Scale maintains all information provided to it on its managed, secure servers. Scale maintains policies and procedures to prevent unauthorized access to the servers. Only authorized users can access the information. While no data is absolutely secure if transferred over the Internet or a wireless network, Scale protects the information using the best practices available in the industry. However, it cannot prevent disclosures that are beyond its control and unauthorized access that occurs despite Scale’s best efforts.
Legal Disclosure
Scale may disclose any information provided to it if required to do so by subpoena or other legal process.
Intellectual Property Rights
Scale is the owner or licensee of all intellectual property rights displayed on the Website or which support the Website’s functionality. No interest in any such intellectual property is conveyed to the user by the use of the Website. User shall no right to copy, use, publish or otherwise use in any manner the information contained on the Website for purposes other than entering into a transaction with a consortium member or members without the express written consent of Scale.
Limitation of Liability
To the fullest extent allowed by applicable law, the user waives all claims for consequential, incidental, and punitive damages that arise out of or relate in any manner to the user’s access to and use of the Scale website. This waiver shall apply to the user’s agents, owners, affiliated entities, principals, officers, employees, and contractors.
Indemnification
User shall indemnify, defend and hold harmless Scale, it officers, employees, agents and affiliated entities for any and all third party claims that relate to or arise out of User’s use of the Website. This obligation shall include but not be limited to claims arising in tort, contract, breach of intellectual property rights and breach of any statutory or regulatory obligation, including alleged criminal violations.
Applicable Law
This Privacy Policy & Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maryland and the laws of the United States of America applicable to transactions within the State of Maryland.
Dispute Resolution
Any dispute arising out of or in relation to this Privacy Policy & Terms and Conditions shall be subject to arbitration before a retired Maryland Circuit Court judge in Rockville, Maryland, subject to the Maryland Uniform Arbitration Act. Users waive all rights to trial by jury.
Severability
The event that any term or condition of the privacy policy or these terms and conditions is deemed to be invalid by a court of competent jurisdiction, the remaining terms and conditions and policies shall remain valid, effective, and enforceable.
Changes and Amendments
Scale reserves the right at all times to modify or amend this Privacy Policy & Terms and Conditions at its sole discretion and without notice.
Acceptance of Terms
By accessing or using the Scale website, user represents that he or she has reviewed this Privacy Policy & Terms and Conditions and has agreed to these policies and terms as a condition of his or her use of the website.
Invalidity & Non-Waiver
In the event a Court of competent jurisdiction determines that any provision of this Privacy Policy & Terms of Use is invalid for any reason, the remaining policies and terms shall remain valid and enforceable. The failure of Scale to enforce any policy or term shall not constitute a waiver of its right enforce the policy or term in the event of subsequent breaches.
Scale Creative Group, LLC
204 Main Street, STE 200
Gaithersburg, MD, 20878
301.701.3522