Revised: September 5, 2019
Welcome to WakeAspen.com (the “Site”), a website owned and operated by WakeAspen LLC, a Connecticut Limited Liability Company. having principal offices located at 433 Forest Trail, Brookfield, CT 06804, USA, and referred to in this document, by the terms “Provider” or “we” or “us” or “our.” The terms “user” or “you” or “your” refers to any user or viewer of the Site who may also be called “Customers.” Your use of the Site constitutes your agreement to follow and be bound by the following terms and conditions of use, also referred to as “Terms,” which, together with our Privacy Policy (available at the following website: (www.WakeAspen.com), govern the relationship between you and us. If you do not agree to these terms, you are not permitted or licensed to use this Site.
We may revise the content of these terms and conditions of use at any time and without any notice to you. By using this Site after a change, you agree to follow and be bound by all changes. The date of the current version of these terms and conditions of use is shown in the top, left corner of this document. Please visit this page periodically to familiarize yourself with the current terms and conditions of use. Should you have any questions concerning any of our policies, please contact us. The methods of contacting us can be found at the following website: (www.WakeAspen.com).
Each time you use this Site, and/or purchase any product, service, information, and/or other content available on the Site, you agree that you understand and will comply with and be bound by the following terms and conditions of use, as may be revised from time to time:
1. This Site is intended for use by persons in the United States who are eighteen (18) years of age or older. If you are under the age of 18, you are not permitted to use the Site and are not permitted to submit Personal Data to the Site.
2. The content of the pages of the Site and any information or guidance available on the Site is for your general guidance, educational, and informational use only. It is subject to change without notice.
3. Your use of any products, services, information, and/or other content available on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, information, and/or other content available through this Site meet your specific requirements, and that your use of same complies with the federal, state and, local law where you intend to, or actually, use such products, services, information, and/or other content.
4. Additionally, by accessing and using our Site, you hereby acknowledge notice and receipt of and agree to be bound by the provisions of our Privacy Policy which can be accessed by the following the following website: (www.WakeAspen.com).
5. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or Sites on the World Wide Web without the written permission of Provider or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, and/or using any Content available on or through the Site for commercial or public purposes. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.
6. If you believe that any content posted on the Site infringes your copyright or other intellectual-property rights, you may notify us by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to our Copyright Agent:
WakeAspen LLC - Copyright Department
433 Forest Trail, Brookfield, CT 06804
7. This Site may provide links to other Sites by allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Provider has no discretion to alter, update, or control the content on a linked Site. The fact that Provider has provided a link to a Site is not an endorsement, authorization, sponsorship, or affiliation with respect to such Site, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked Site.
8. Provider does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Site by any party other than Provider, (b) any content provided on linked Sites or (c) the capabilities or reliability of any product or service obtained from a linked Site. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Site or a linked Site, or your reliance on any product or service obtained from a linked Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
9. The information, software, products and descriptions of services published on the Site or a linked Site may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Site is complete or up-to-date. Provider is under no obligation to update the content on the Site. Provider may change the content on the Site at any time without notice. Provider may make improvements or changes to the Site at any time.
10. All orders, products, services, information, and/or other content available on the site, or obtained from a site to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
11. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF QUALITY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH GOODS, INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT YOU HAVE NOT BEEN INDUCED BY ANY STATEMENTS OR REPRESENTATIONS OF ANY PERSON OR ENTITY WITH RESPECT TO THE QUALITY OR CONDITION OF THE GOODS AND/OR SERVICES AND THAT NO SUCH STATEMENTS OR REPRESENTATIONS HAVE BEEN MADE. YOU ACKNOWLEDGE THAT YOU HAVE RELIED SOLELY ON THE INVESTIGATIONS, EXAMINATIONS, AND OTHER DUE DILIGENCE THAT YOU HAVE CHOSEN TO MAKE AND THAT THE WE HAVE AFFORDED YOU WITH THE OPPORTUNITY FOR FULL AND COMPLETE INVESTIGATIONS, EXAMINATIONS, AND OTHER DUE DILIGENCE.
12. Except as prohibited by law, if there is liability found on our part, you agree that it will be limited to the amount paid for the products and/or services purchased through the Site, and, in any event, under no circumstances will there be consequential, punitive, or any other kind of exemplary damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may have other rights that vary from state to state. For Jurisdictions that do not allow us to limit our liability:
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in jurisdictions where it is not legally permitted, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
13. If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California Civil Code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive this section of the California Civil Code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
14. VOID WHERE PROHIBITED: Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions. WakeAspen LLC and the advertisers reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
15. It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify us of any unauthorized use of your user name and password or any other breaches of security. We will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
16. Sales Tax: WakeAspen LLC charges sales tax for services ordered on this Site, if applicable, based upon the applicable state sales tax rate and the location to which the service is being provided. You are obligated to report and pay any sales, use or similar tax imposed by your jurisdiction that is not collected by us.
17. You agree to indemnify, defend, and hold harmless WakeAspen LLC, its members, officers, directors, employees, agents, affiliates, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account on this Site.
18. Your use of the Site and any dispute arising out of your use of the Site is subject to the laws of the State of Connecticut, United States of America, and applicable federal law without regard to conflicts of laws principles. You agree that any and all disputes between you and us will be resolved by the state and federal courts located in New Haven County, Connecticut. You further agree to submit to and consent to the jurisdiction of the state and/or federal court(s) within the state of Connecticut within or closest to Brookfield, Connecticut.
Privacy Policy
Revised: July 16, 2019
Welcome to WakeAspen.com (the “Site”), a website owned and operated by WakeAspen LLC, a Connecticut Limited Liability Company. having principal offices located at 433 Forest Trail, Brookfield, CT, 06804, and referred to in this document, by the terms “Provider” or “we” or “us” or “our.” The terms “user” or “you” or “your” refers to any user or viewer of the Site who may also be called “Customers.” Your use of the Site constitutes your agreement to follow and be bound by the following terms and conditions of use, also referred to as “Terms,” which, together with our Privacy Policy, govern the relationship between you and us. If you do not agree to these terms, you are not permitted or licensed to use this Site.
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Site and the choices you have associated with that data.
We use your data to provide and improve the Site. By using the Site, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions available at the following website: (www.WakeAspen.com),
Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data
Usage Data is data collected automatically either generated by the use of the Site or from the Site infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Site and is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve how our Site works for you.
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
· Email address
· First name and last name
· Company name
· Address
· Work phone number
· Cell phone number
· Training workshop requests
· Mentoring requests
· Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
We may also collect information how the Site is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
We use cookies and similar tracking technologies to track the activity on our Site and hold certain information.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Site.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
Examples of Cookies we use:
· Session Cookies. We use Session Cookies to operate our Site.
· Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
· Security Cookies. We use Security Cookies for security purposes.
WakeAspen LLC, uses the collected data for various purposes:
· To provide and maintain our Site
· To notify you about changes to our Site
· To allow you to participate in interactive features of our Site when you choose to do so
· To provide customer support
· To gather analysis or valuable information so that we can improve our Site
· To monitor the usage of our Site
· To detect, prevent and address technical issues
· To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
If you are from the European Economic Area (EEA), WakeAspen LLC, legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
WakeAspen LLC, may process your Personal Data because:
· We need to perform a contract with you
· You have given us permission to do so
· The processing is in our legitimate interests and it’s not overridden by your rights
· For payment processing purposes
· To comply with the law
WakeAspen LLC, will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
WakeAspen LLC, will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. Submission of Personal Data to the Site represents your consent and agreement to that transfer.
WakeAspen LLC, will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
Under certain circumstances, WakeAspen LLC, may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
WakeAspen LLC, may disclose your Personal Data in the good faith belief that such action is necessary to:
· To comply with a legal obligation
· To protect and defend the rights or property of WakeAspen LLC
· To prevent or investigate possible wrongdoing in connection with the Site
· To protect the personal safety of users of the Site or the public
· To protect against legal liability
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. WakeAspen LLC, aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where WakeAspen LLC, relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals (“Service Providers”) to facilitate our Site, to provide the access to the Site on our behalf, to perform Site-related services or to assist us in analyzing how our Site is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with is PAYPAL.
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