Site Terms and Conditions

Jump to:

Site Terms and Conditions

This website is provided by Douglas Koch Designs, ltd. (DKD). By accessing the DKD website (the “Site”), you are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use are subject to change by DKD at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.
Restrictions on Use

All material included on this Site, and any other Site owned, operated, licensed or controlled by DKD, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of DKD and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates DKD’s intellectual property rights.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of DKD, except that:

You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.

Any copies of documents or pages from the Site must not alter the original Site content and must include the DKD copyright notice.

You may link to this Site provided that the link does not falsely imply or suggest that DKD has endorsed or is affiliated with the linked Site.

Users of the Site must not:

  1. Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
  2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
  3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
  4. Attempt to circumvent the security systems of the Site.
  5. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any DKD server.
  6. Attempt to use the Site for any purposes other than those intended by DKD, as determined by DKD in its sole discretion.
  7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
  8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.

The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if DKD becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, DKD reserves the right to revoke your right to these permitted uses.

Proprietary Information Consent

If you wish to use material contained on this Site other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material. If you are not a customer of DKD and wish to download and use any information contained in this Site other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with DKD, send a request with your proposed use to info@cdchoices.org so that DKD may evaluate your proposed use of DKD’s Site Content.

If DKD approves your request to use DKD’s Site Content, you are granted permission to view, use, reproduce, copy and distribute documents within DKD’s Site for the sole purposes specified in your Request form. You agree to all terms below:

  1. Not to modify the documents, publications or graphics
  2. Not to quote materials out of context
  3. To retain and display the copyright notice of DKD on such Content

DKD shall have the right to monitor use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the DKD Site Content. The foregoing consent does not include permission to copy the design elements, look and feel or layout of DKD’s Site. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within DKD’s Site which you propose to use, subject to DKD’s consent.

Disclaimer

DKD cannot guarantee that the Site or its content is error free and DKD makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.

THIS SITE IS PROVIDED BY DKD ON AN “AS IS” AND “AS AVAILABLE” BASIS. DKD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. DKD DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DKD MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT DKD, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. DKD MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Limitation of Liability

Neither DKD, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall DKD be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if DKD has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that DKD would not grant access to the Site without your agreement to this term.

Intellectual Property

You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of DKD. Nothing posted on this Site grants a license to any DKD trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.

Third Party Trademarks

Trademarks displayed on this Site not owned by DKD are the property of their respective owners, who may or may not be affiliated with DKD. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.

Linked Sites

This Site may link to or be linked from other websites that are not maintained by, or related to, DKD. DKD does not endorse, and is not responsible for, the content of any of those third-party websites.

International Use

DKD makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.

Governing Law

You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in Albany, New York.

Back to Top

Privacy Policy

Effective date: October 8, 2013

Douglas Koch Designs, ltd. takes the privacy and security of our customers seriously. This Privacy Statement will explain what information is collected, how that information may be used, and who has access. Users of our services include customers and visitors to our websites. DKD may require certain information to allow downloads from our websites.

What personal information does DKD collect?

DKD collects information in the form of contact forms and newsletters only. This information may include some or all of the following: name, address, telephone number and e-mail address. Information is collected via various methods including personal information provided to us during telephone conversations, email, or use of site forms.

Website Visit

Our websites can be accessed with a browser navigating to www.cdchoice.org and others as well as by viewing an email that has web address links inside of the message. When you visit our website, our server logs your IP Address, and other information such as the time and duration of your visit and pages you view. If you arrive at our website by clicking a non-paid source, such as link in a non-paid search engine result or an unsponsored link on another website, we may capture information that tracks your visit from that source to the extent we are able to do so. We may also capture information about your computer system, such as your browser type and operating system.

We do not collect personal information about you as part of a web visit, but web visit information may be tied to other information (including personal information) we collect from you via chat, web forms, and the other means we describe in this Privacy Statement.

Links to non-DKD Websites

We may provide links to third-party websites for your convenience and information. The privacy practices of those sites may differ from DKD practices and are not controlled by DKD and covered by this Privacy Statement. We do not make any representations about third-party websites. We encourage you to review their privacy policies before submitting your personal data.

How will your information be used?

DKD will only use client account information for user identification, delivery of services, communications about our services, providing secure access to our web portals, personalization of your client experience, system maintenance announcements, and updates of any other information that you have opted to receive.

DKD will never use or monitor customer contact information, except as required by law. All backup files that contain that information are contained within a secure datacenter and can only be accessed via your account.

What third parties will have access to your information?

DKD recognizes that your information should be shared with as few third parties as possible. DKD will never sell your information to third party marketers. DKD shares data on an as-needed basis to third parties for processing only.

Personal information that is gathered is for internal use only and will not be released to anyone outside of DKD except to third party service providers who perform functions on behalf of DKD. Data is shared to the extent reasonably necessary to perform that function and will not be authorized to use for any other purpose, unless you have consented to such use.

Should you breach our terms and conditions or website terms, or if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, we may disclose your information to a relevant authority. This may include exchanging information with other companies and organizations for the purposes of fraud protection. In particular, we may release the information we collect to third parties when we believe it is appropriate to comply with the law, to enforce our legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.

Sensitive Information

DKD does not want information provided regarding your medical or health condition, race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

Children’s Online Privacy Protection

Our services are not designed for or directed to children under the age of 13, and we will not intentionally collect or maintain information about anyone under the age of 13.

How can you say “no” to marketing information?

DKD does not want to bother you. It is our responsibility to deliver any critical system update messages, but you have the choice to opt-in or opt-out of other electronic mailings, updates, or offers at any time.

How can you control your information?

DKD recognizes that you should have the final say about the information stored within our systems. You may change your identification and contact information stored in our systems any time on request.

Changes to this policy

Due to changes in our business and regulations, our Privacy Statement may change from time to time. Please review our website frequently to see any changes. DKD will never change the basis of our practices to lower the protection of personal information without client consent. The ‘Effective Date’ of this statement is included for reference.

Back to Top

Our Cookie Policy

What are cookies in computers?

Also known as browser cookies or tracking cookies, cookies are small, often encrypted text files, located in browser directories. They are used by web developers to help users navigate their websites efficiently and perform certain functions. Due to their core role of enhancing/enabling usability or site processes, disabling cookies may prevent users from using certain websites.

What does the DKD website use cookies for?

Douglas Koch Designs, ltd. uses cookies to keep track of whether a user is logged in or not. This small text file allows our servers to recognize when you log in and whether you are a consumer or a potential personal assistant. It is also used when registering to become a potential personal assistant and allows your computer to recognize if the username you want is available or not. No other information is contained with the cookie.

What else should I know about cookies?

Cookies are NOT viruses. Cookies use a plain text format. They are not compiled pieces of code so they cannot be executed nor are they self-executing. Accordingly, they cannot make copies of themselves and spread to other networks to execute and replicate again. Since they cannot perform these functions, they fall outside the standard virus definition.

Cookies CAN be used for malicious purposes though. Since they store information about a user’s browsing preferences and history, both on a specific site and browsing among several sites, cookies can be used to act as a form of spyware. Many anti-spyware products are well aware of this problem and routinely flag cookies as candidates for deletion after standard virus and/or spyware scans.

The way responsible and ethical web developers deal with privacy issues caused by cookie tracking is by including clear descriptions of how cookies are deployed on their site.

Most browsers have built in privacy settings that provide differing levels of cookie acceptance, expiration time, and disposal after a user has visited a particular site. Backing up your computer can give you the peace of mind that your files are safe.

Back to Top

Questions?

Do you have questions about our site terms and conditions?
Don’t hesitate to ask us.

Contact DK