Policy & Terms

TERMS OF SERVICE

EFFECTIVE DATE: FEBURARY 01, 2018

Acceptance of the Terms and Conditions.

  1. Binding Agreement; Description. This Terms of Service (“Agreement”) is a binding contract between you, an individual user (“you” or “User”), and De Forest & Associates, Inc (“De Forest Search,” “we,” “us,” or “our”) governing your use of any websites and/or online services or properties owned and operated by De Forest Search, including the website www.deforestsearch.com (collectively, the “Service”). You acknowledge that your purchase of services from De Forest Search or third parties may be subject to additional terms and conditions.  BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT USE THE SERVICE.
  2. Material Terms and Notices. As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:
    1. the Service is licensed to you for the purpose of using the Service only as set forth in this Agreement;
    2. the use of the Service may be subject to separate third-party terms of service and fees, which are your sole responsibility;
    3. you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the De Forest Search Privacy Policy(“Privacy Policy”);
    4. the Service is provided “as is” without warranties of any kind and De Forest Search liability to you is limited; and
    5. we will resolve disputes arising under this Agreement through binding arbitration.  By accepting this Agreement, as provided in greater within this Agreement, you and De Forest Search are each waiving the right to a trial by jury or to participate in a class action. 
  3. Changes to this Agreement. We reserve the right, at our discretion, to change this Agreement on a going-forward basis at any time. Please check this Agreement periodically for changes.  If a change to this Agreement materially modifies your rights or obligations, you will be required to accept the modified Agreement in order to continue to use the Service.  Material modifications are effective upon your acceptance of the modified Agreement.  Immaterial modifications are effective upon publication.  Disputes arising under this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.
  4. Privacy Policy. Your access to and use of the Service is also subject to the De Forest Search Privacy Policy, the terms and conditions of which are incorporated herein by reference
  5. You understand and agree that this Agreement is entered into in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
  6. THE SERVICE IS NOT FOR PERSONS UNDER THE AGE OF 13 OR FOR ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE BY DE FOREST SEARCH. IF YOU ARE UNDER 13 YEARS OF AGE, THEN YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.  Furthermore, by accessing or using the Service, you affirm that either you are at least 18 years of age or have been authorized to use the Service by your parent or guardian who is at least 18 years of age.

The Service.

  1. Description.  The Service provides you with information concerning De Forest Search. You may also choose to keep in touch with De Forest Search through subscribing to the De Forest Search newsletter or corresponding with De Forest Search through the functionality provided on the Service.

Intellectual Property Rights.

  1. License.  The Service is licensed, not sold, to you for use only under the terms of this Agreement.  De Forest Search reserves all rights not expressly granted to you.  Subject to your complete and ongoing compliance with this Agreement, De Forest Search hereby grants you a personal, limited, revocable, non- transferable license to access and use the Service solely for your personal, non-commercial use.
  2. Content.  The content that Users may access on or through the Service, including, without limitation, any text, graphics, photos, and interactive features, may be protected by copyright or other intellectual property rights and owned by De Forest Search or De Forest Search’s third party licensors (the “De Forest Search Content”).  You may not copy, reproduce, upload, republish, transmit, create derivative works of, publicly perform, or distribute any materials from the Service in any way without prior express written permission of the copyright owner of such material or as otherwise specified in this Agreement or permitted by the Service’s functionalities.  You may not modify or use any materials obtained from or available through the Service unless you have obtained the applicable copyright owner’s prior express written authorization.  De Forest Search solely owns all design rights, databases, and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and related goodwill.
  3. Marks.  The De Forest Search trademarks, service marks, and logos (the “De Forest Search Trademarks”) used and displayed on the Service are De Forest Search’ registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,)” and, collectively with the De Forest Search Trademarks, the “Trademarks”).  Nothing on the Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without De Forest Search’s prior express written consent for each individual use.  You may not use the Trademarks to disparage De Forest Search or the applicable third party (including De Forest Search or the third party’s products or services) or in any manner, using commercially reasonable judgment, that may damage any goodwill in the Trademarks.  You may not use any Trademarks as part of a link to or from any Service without De Forest Search’s  prior express written consent. Should you wish to use a Third-Party Trademark, you must obtain prior express written consent.  All goodwill generated from the use of any De Forest Search Trademark will inure solely to De Forest Search’ benefit.
  4. Restrictions.  You may not sell, transfer, assign, license, sublicense, or modify the De Forest Search Content, and you may not reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the De Forest Search Content in any way for any public or commercial purpose.  The use or posting of any of the De Forest Search Content on any other website or in a networked computer environment for any purpose is expressly prohibited.  If you violate any part of this Agreement, then your right to access and/or use the De Forest Search Content and Service will automatically terminate and you must immediately destroy any copies you have made of the De Forest Search Content

Restrictions on Use of the Service.

  1. In using the Service, you agree not to:
    1. take any action that imposes an unreasonable load on the Service’s infrastructure;
    2. use any device, software, or tour tine to interfere or attempt to interfere with the proper working of the Service, or any activity conducted on the Service;
    3. attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or making up the Service;
    4. delete or alter any material De Forest Search or any other person or entity posts on the Service;
    5. frame or link to any of the materials or information available on the Service;
    6. alter, deface, mutilate, or otherwise bypass any approved software through which the Service is made available;
    7. use any trademarks, service marks, design marks, logos, photographs, or other content belonging to De Forest Search or obtained from the Service;
    8. access, tamper with, or use non-public areas of the Service, De Forest Search’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of De Forest Search’s providers;
    9. harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including De Forest Search’s employees;
    10. provide any false personal information to De Forest Search
    11. create a false identity or impersonate another person or entity in any way;
    12. restrict, discourage, or inhibit any person from using the Service;
    13. use the Service, without De Forest Search’s express written consent, for any commercial or unauthorized purpose;
    14. gain unauthorized access to the Service or to other computers or websites connected or linked to the Service;
    15. make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any aspect of the Service or communications equipment and computers connected to the Service;
    16. interfere with or disrupt the Service, networks, or servers connected to the Service or violate the regulations, policies, or procedures of those networks or servers;
    17. violate any applicable federal, state, or local laws or regulations or the terms of this Agreement; or
    18. assist or permit any persons in engaging in any of the activities described above.

External Sites.

  1. The Service may contain links to or the ability to share information with third party websites, (collectively, “External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  De Forest Search is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access any External Sites, you do so at your own risk.  You agree that De Forest Search will have no liability to you arising from your use, engagement, exposure to or interaction with any External Sites.

Feedback.

  1. While we are continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community.  If you choose to contribute by sending De Forest Search or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided.  Accordingly, by sending Feedback to De Forest Search, you agree that:
    1. De Forest Search has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
    2. Feedback is provided on a non-confidential basis, and De Forest Search is not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
    3. You irrevocably grant De Forest Search perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the- audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

Dispute Resolution.

  1. Generally.  In the interest of resolving disputes between you and De Forest Search relating to the Service, or this Agreement in the most expedient and cost effective manner, you and De Forest Search agree that any dispute arising out of or in any way related to this Agreement, your use of the Service will be resolved by binding arbitration.  Arbitration is less formal than a lawsuit in court.  Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts.  Arbitrators can award the same damages and relief that a court can award.  This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement, your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND DE FOREST SEARCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
  2. Exceptions.  Notwithstanding Section 8.a above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitration. Any arbitration between you and De Forest Search will be governed by the Federal  Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA.  The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting De Forest Search.  The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. Notice; Process.  A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or email (“Notice”). De Forest Search’ address for Notice is: De Forest & Associates, Attn: Legal Department, 1145 Artesia Boulevard, Suite 203, Manhattan Beach, CA 90266 or hello@deforestsearch.com.  The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”).  The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or De Forest Search may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by you or De Forest Search must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.  If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by De Forest Search prior to selection of an arbitrator, then De Forest Search will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by De Forest Search in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.
  5. Fees. If you commence arbitration in accordance with this Agreement, De Forest Search will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules.  Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California , but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.  If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse De Forest Search for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.  Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.  Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
  6. No Class Actions.  YOU AND DE FOREST SEARCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and De Forest Search agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
  7. Modifications to this Arbitration Provision.  Except as otherwise provided in this Agreement, if De Forest Search makes any future change to this arbitration provision, other than a change to De Forest Search’s address for Notice, then you may reject the change by sending us written notice within 30 days of the change to De Forest Search’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern the disputes between you and De Forest Search.
  8. Enforceability.  If paragraph 6 above is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section will be null and void.
  9. Choice of Law.  This Agreement will be governed and construed in accordance with the laws of the State of California, excluding its conflicts of law rules.

Limitation of Liability and Disclaimer of Warranties.

  1. THE PROVISIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW

    1.1. DE FOREST SEARCH, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “DE FOREST SEARCH PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY THEREOF. THE DE FOREST SEARCH PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.

    1.2. THE DE FOREST SEARCH PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO DE FOREST SEARCH PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.

    1.3. THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DE FOREST SEARCH PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

    1.4. IN NO EVENT WILL ANY DE FOREST SEARCH PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DE FOREST SEARCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DE FOREST SEARCH’ LIABILITY, AND THE LIABILITY OF ANY OTHER DE FOREST SEARCH PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO DE FOREST SEARCH UNDER THIS AGREEMENT.

Third Party Disputes.

  1. DE FOREST SEARCH IS NOT AFFILIATED WITH ANY THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, THIRD PARTY SERVICE, OR OTHER THIRD PARTY OR ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU IRREVOCABLY RELEASE THE DE FOREST SEARCH PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Indemnification

  1. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the De Forest Search Parties from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the De Forest Search Content or Service.  De Forest Search will provide notice to you of any such claim, suit, or proceeding.  De Forest Search reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section.  In such case, you agree to cooperate with any reasonable requests assisting De Forest Search’ defense of such matter.

Termination of this Agreement.

  1. De Forest Search reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Service at any time and for any reason without prior notice or liability. De Forest Search reserves the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
  2. Sections 1, 3, 4.2, 4.3, 4.4, 5, and 6 through 14 survive the termination of this Agreement indefinitely. For purposes of clarification only, each header (eg. Termination of this Agreement.) is considered a Section.

Consent to Communication.

  1. By providing us with your contact information, you agree to receive communications, including via e-mail and calls (including text messages and calls made using an autodialer or prerecorded voice message), from or on behalf of us at the email address or telephone number you provided even if that number is on a National or State Do Not Call List.  These calls and texts may be for informational and marketing purposes, such as to provide you with information about your order, to confirm reservation details, or to provide special promotional offers.  You are not required to provide your consent to these calls/texts as a condition of any purchase.  Standard text messaging and telephone minute charges applied by your cell phone carrier will apply.  IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF.  IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES OR SEND US AN EMAIL AT HELLO@DEFORESTSEARCH.COM WITH YOUR CELLPHONE NUMBER AND A CLEAR REQUEST NOT TO RECEIVE FURTURE MARKETING CALLS/TEXTS OR ALL CALLS/TEXTS.  IF YOU WISH TO OPT OUT OF MARKETING CALLS, YOU MAY ALSO MAKE A DO NOT CALL REQUEST DURING ANY CALL YOU RECEIVE FROM US.

Last Updated: FEBRUARY 01, 2018

This privacy policy (this “Privacy Policy”) explains how Personal Information is collected, used, and disclosed by De Forest & Associates Inc (“De Forest Search,” “us,” or “we”). This Privacy Policy applies to any websites and/or online services or properties owned and operated by De Forest Search, including the website www.deforestsearch.com (the “Service”) and is incorporated by reference into the De Forest & Associates Inc Terms of Service (the “Terms”). All other terms not defined in this Privacy Policy will have the meanings set forth in the Terms.

Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as your name, address, email address, or phone number. We do not consider Personal Information to include information that has been aggregated and/or de-identified so that it does not allow a third-party to easily identify a specific individual.

Third parties, including, without limitation, any social networks that you use in connection with our Service, may also collect, use, and share information about you. This Privacy Policy does not cover such third parties or their services.

For information about third-party privacy practices, please review such third parties’ privacy policies.

Using the ServiceWe collect information about you in various ways when you use our Service and when you provide us with such information. For example, we may collect your name, email address, phone number (including your mobile phone number), survey responses, and other information you provide to us on our Service or otherwise.

Subscribing to Our NewsletterBy providing your email address when you subscribe to our newsletter, you consent to receiving messages from us and our third-party service providers.

Customer SupportWe collect information that you provide to us through your communications with our customer-support team. By providing your mobile phone number, email address, or contact information during your communications with us, you expressly consent to receive text messages from us relating to our product and services at that number.

Third Party PlatformsWe may also obtain information from other sources, such as third-party analytics services that we use to improve the Service (each, a “Third-Party Platform”), and combine that with information we collect on our Service.

Cookies, Automatic Data Collection, and Related Technologies.

When you visit our Service, some information is automatically collected. For example, when you visit our Service, we may automatically collect your location, computer operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before our Service. We also collect information about your usage and activity on our Service using certain automated tracking technologies, such as:

  • Cookies. We may automatically collect information using “cookies” and similar technology. Cookies are small data files that may have unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Among other things, cookies help us improve our Service and your experience. We use cookies to see which areas and features of our Service are popular and to count visits to our Service. We may access information contained in cookies placed on your device by a Third-Party Platform as permitted by the terms of your agreement and privacy settings with such Third-Party Platform. We may share this information with the Third-Party Platform for its use as permitted by the terms of your agreement and privacy settings with such Third-Party Platform.
  • Web Beacons. We may collect information using web beacons. Web beacons are electronic images that may be used on our Service or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and tell whether you open an email and act upon it.
  • Mobile Advertising Identifiers. Mobile advertising IDs (e.g., Apple’s IDFA or Google’s AAID) are unique IDs that are associated with individual mobile devices and that do not reveal your real world identity. They usually are user-resettable.
  • Pixel Tags. Pixel tags (also commonly known as web beacons) are transparent images, iFrames, or JavaScript that our clients and partners use to understand how consumers interact with them online, including on websites and in mobile apps.

Performance and Remarketing Cookies.

Notwithstanding the above, partners who help us serve advertising on and off the Website and analytics companies may also put cookies on your device. We use several third-party vendors to help deliver ads for relevant De Forest Search products and services to you when you visit certain pages on our Website and then visit certain third-party sites. We may share with third-party ad partners a cryptographic hash of a common account identifier (such as an email address), to help us measure and tailor ads and services provided to you. Below is information about one such vendor. Please note that this Privacy Policy covers only our use of cookies and does not include use of cookies by any third parties.

  • Google Analytics. De Forest Search uses a specific cookie in order to facilitate the use of Google Universal Analytics for users logged-in to the Applications or the Platforms (“Logged-In User). If you are a Logged-In User, De Forest Search may use your De Forest Search user ID in combination with Google Universal Analytics and Google Analytics to track and analyze the pages of the Services you visit. We do this only to better understand how you use the Website and the other Services, with a view to offering improvements for all De Forest Searchu users; and to tailor our business and marketing activities accordingly, both generally and specifically to you. Google Analytics cookies do not provide De Forest Search with any Personal Information. Learn more about privacy at Google and to opt-out of this feature by installing the Google Analytics Opt-out Browser Add-on.
  • Google Display Advertising. De Forest Search uses Google Analytics code that allows for certain forms of display advertising and other advanced features. Subject to change, the Google Display Advertising features De Forest Search currently uses are Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics De Forest Search and Interest Reporting. These features are used to advertise online; to allow third-party vendors, including Google, to show you advertising across the Internet; to allow De Forest Search and third-party vendors, including Google, to use first-party cookies (such as the Google Analytics cookie) and third-party cookies together to inform, optimize, and serve ads based on your past visits to the Website and to report how ad impressions, uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Website. Data from Google’s interest-based advertising or third-party audience data (such as age, gender, and interests) is also combined with Google Analytics to better understand the needs of De Forest Search users and to improve the Services. You may opt out of such display advertising at any time by visiting your Google Ads Settings page or by installing and running the Google Analytics Opt-out Browser Add-on. De Forest Search may also use related technologies including web beacons, bugs, pixels, and software tokens in order to facilitate your use of the Services. Most notably, the Services use software tokens (stored securely on Amanda Paige Interiors-controlled servers) in order to facilitate the logging in to and the functioning of both the Supported Platforms and Third-Party Apps. Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. The Network Advertising Initiative has also developed a tool that may help you understand which third parties have currently enabled cookies for your browser and opt-out of those cookies. Further information can be found at http://www. networkadvertising.org/managing/opt_out.asp. Please note however that, by blocking or deleting cookies, you may not be able to take full advantage of the Website, Applications, Platforms, and/or Shop. If you do not want to receive tracking pixels, you will need to disable HTML images in your email client, and that may affect your ability to view images in other emails that you receive.
  • Facebook Ad Network. De Forest Search uses Facebook code that allows for certain forms of display advertising and other advanced features. These features are used to advertise online; to allow third-party vendors, including Facebook, to show you advertising across the Internet; to allow De Forest Search and third-party vendors, including Facebook, to use first-party cookies and third-party cookies together to inform, optimize, and serve ads based on your past visits to the Website and to report how ad impressions, uses of ad services, and interactions with these ad impressions and ad services are related to visits to the Website. Data from Facebook’s interest-based advertising or third-party audience data (such as age, gender, and interests) is also combined with Facebook to better understand the needs of De Forest Search users and to improve the Services. De Forest Search may also use related technologies including web beacons, bugs, pixels, and software tokens in order to facilitate your use of the Services. Most notably, the Services use software tokens (stored securely on Amanda Paige Interiors-controlled servers) in order to facilitate the logging in to and the functioning of both the Supported Platforms and Third-Party Apps. Most computer and some mobile web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. The Network Advertising Initiative has also developed a tool that may help you understand which third parties have currently enabled cookies for your browser and opt-out of those cookies. Further information can be found at http://www. networkadvertising.org/managing/opt_out.asp. Please note however that, by blocking or deleting cookies, you may not be able to take full advantage of the Website, Applications, Platforms, and/or Shop. If you do not want to receive tracking pixels, you will need to disable HTML images in your email client, and that may affect your ability to view images in other emails that you receive.

How We Use Information We Collect.

We use Personal Information collected through our Service for the purposes described in this Privacy Policy or disclosed to you on our Service or otherwise in connection with our services.

For example, we may use your information to:

  • offer you, or provide you with, other products and services related to our Service;
  • provide the functionality and improve the quality of our Service and personalize your experience;
  • process and deliver contest entries and rewards;
  • attract new customers;
  • display relevant advertising;
  • respond to your comments and questions and provide customer service;
  • send you information relating to our products and services, including technical notices, updates, security alerts, and support and administrative messages;
  • communicate with you (through the email address or telephone number you provide to us through subscribing to our newsletter or for customer support purposes) about contests, offers, promotions, rewards, upcoming events, and other news about products and services offered by De Forest Search our subsidiaries, and affiliates and our other selected partners;
  • link or combine with other Personal Information we get from third parties to help understand your needs and provide you with better service; and
  • de-identify and aggregate data collected through the Service and use it for any lawful purpose.

If you make a purchase on the Service, our service providers will process your payment information. We do not collect or store any payment card information.

How We Share Information.

We do not share your Personal Information with third parties other than as described above and as follows:

  • We may share Personal Information when you authorize us to share your information with other third parties for their own direct marketing purposes, which are subject to the separate privacy policies of such third parties. We may allow these parties to access other, non-Personal Information collected by the Service to enable the delivery of online advertising through the Service, or otherwise facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
  • We may share aggregate statistical data for the improvement of services offered by our Service.
  • We share Personal Information with third parties who provide services to us, such as data collection, reporting, ad response measurement, and site analytics, as well as assistance with delivery of relevant marketing messages, advertisements, and services-related communications. These third parties may view, edit, or set their own cookies. We and our third-party service providers, advertisers, and/or partners may also place web beacons for these third parties. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this Privacy Policy. One of the service providers that we may use for data analytics is Google Analytics. If you do not want Google Analytics to collect and use information about your use of the Services, then you can install an opt-out in your web browser (https://tools.google.com/dlpage/gaoptout/).
  • We may access, preserve, or disclose your Personal Information (i) to comply with laws and to respond to lawful requests and legal process, (ii) to protect the rights and property of De Forest & Associates, our agents and customers, and others, including to enforce our agreements, policies, and Terms, and (iii) to protect the personal safety of Amanda Paige Interiors, its customers, or any person.
  • We may disclose or transfer your Personal Information to a third party as permitted by law and/or contract if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding. The use of your Personal Information following any of the foregoing events will be governed by the provisions of the Privacy Policy in effect at the time such Personal Information was collected by Amanda Paige Interiors.
  • We may share aggregated or de-identified information with third parties in our discretion.
  • We may also disclose your Personal Information with your permission.

Security of Your Personal Information.

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

Your Information Choices and Changes.

You may opt out of receiving promotional emails from De Forest Search by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as emails about our ongoing business relations. You may also send requests about your contact preferences or changes to your information, including requests to opt out of sharing your Personal Information with third parties, to our contact information below.

You can contact us to obtain a copy of the Personal Information held about you by us. This may be subject to a fee not exceeding any prescribed fee permitted by applicable law. You can also ask us to correct and, where relevant, erase that information. Please note that certain Personal Information may need to be retained by De Forest Search for a period of time following cancellation of your account where this is necessary for our legitimate business purposes or required or authorized by applicable law. As mentioned above you have a right to change your email preferences at any time.

Cookie Choices.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Service.

COPPA (Children’s Online Privacy Protection Act).

We do not knowingly collect, maintain, or use personal information, as defined by the Federal Trade Commission’s Children’s Online Privacy Protection Act (“COPPA”) Rule, from children under 13 years of age, and no part of the Service is directed to children under the age of 13. If you learn that your child has provided us with personal information without your consent, you may alert us at info@amandapaigeinteriors.com. If we learn that we have collected any personal information from children under 13, then we will promptly take steps to delete such information and terminate the child’s account.

California Privacy Rights.

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses.  If applicable, this information would include the categories of customer information shared, the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year, and descriptions of the likely types of marketing the third parties would send.

To obtain this information from us, please send an email message to info@amandapaigeinteriors.com or mail us at the address below with “Request for California Privacy Information” on the subject line and in the body of your message.  If you are a California resident, we will provide the requested information to you at your e-mail address in response.

Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.

Do Not Track.

Some web browsers incorporate a “Do Not Track” feature. Because there is not yet an accepted standard for how to respond to Do Not Track signals, our Service does not currently respond to such signals.

Security.

By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an e-mail to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at hello@deforestsearch.com  

International Users.

If you visit the Service from the European Union or other regions with laws governing data collection and use, then please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information to the Service, you consent to any transfer and processing in accordance with this Policy.

Contacting Amanda Paige Interiors.

For questions or opinions about this Privacy Policy, or questions about accessing, changing, or deleting your Personal Information, contact us by emailing hello@deforestsearch.com or by postal mail at: De Forest & Associates Inc , Attn: Legal Department, 1145 Artesia Boulevard, Suite 203, Manhattan Beach, CA 90266.

Changes to This Privacy Policy.

We will post any adjustments to the Privacy Policy on the Service, and the revised version will be effective when it is posted.

New Uses of Information.

From time-to-time, we may desire to use information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at he time we collected the information, then we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

POLICY STATEMENT REGARDING EQUAL OPPORTUNITY EMPLOYMENT

  1. Scope
    1. This Policy applies to all personnel employed by or engaged to provide services to De Forest & Associates Inc, including, but not limited to, De Forest Search’s employees, officers, temporary employees, contingent workers (including agency workers), casual staff, and independent contractors (for ease of reference throughout this Policy, “Associates”). Every De Forest Search Associate is responsible for reading, understanding and complying with this Policy. De Forest Search’s managers are responsible for ensuring that Associates who report to them, directly or indirectly, comply with this Policy and complete any certification or training required of them. If you have any questions or concerns relating to this Policy, consult the De Forest Search Legal Department or a member of the executive office. If you learn of any conduct that you believe may violate this Policy, report it immediately by any of the means detailed below.
  2. Policy
    1. De Forest & Associates Inc (“De Forest Search”) is an equal opportunity employer and prohibits discriminatory employment actions against, and treatment of, De Forest Search employees and applicants for employment based on actual or perceived race, color, national origin, alienage or citizenship status, religion or creed, gender (including “gender identity” — which refers to a person’s actual or perceived sex, and includes self-image, appearance, behavior or expression, whether or not different from that traditionally associated with the legal sex assigned to the person at birth), disability, age (18 and over), military status, prior record of arrest or conviction, marital status, partnership status, genetic information or predisposing genetic characteristic, sexual orientation, status as a victim or witness of domestic violence, sex offenses or stalking, and unemployment status.
  3. Prohibited Conduct
    1. Decisions and practices based on an individual’s protected status (e.g., race, religion, age, and the other categories listed above) that unlawfully affect employment or the compensation, terms, conditions, or privileges of an individual’s employment or potential employment with the De Forest Search are prohibited by this Policy. This includes unlawful decisions, actions, and practices that occur in the course of recruitment, testing, hiring, work assignments, salary and benefits, working conditions, performance evaluations, promotions, training opportunities, career development and advancement, transfers, discipline, discharge, or any other application or selection process relating to employment.
    2. The Policy also prohibits sexual harassment (i.e., conduct or language of a sexual nature) and harassment based on gender or any other protected characteristic (such as race, religion, disability, or sexual orientation). Forms of harassment may include, but are not limited to, the use of vulgar language, abusive acts or language, hostility, physical aggression, intimidation, or unequal treatment
    3. The Policy further prohibits:
      1. Conduct which unreasonably interferes with an employee’s job performance or creates an intimidating, hostile, or offensive working environment, or creates an abusive working environment based on any protected characteristic;
      2. harassment and/or retaliation against a person who opposes or complains about prohibited conduct or participates in any way in the complaint, investigation, or reasonable accommodation processes are strictly prohibited;
      3. any De Forest Search employee from aiding, abetting, inciting, compelling, or coercing any person present in the De Forest Search worksite, or offsite (any location that could be reasonably regarded as an extension of the workplace, such as any field location, offsite business-related social function, company vehicle, or facility where company business is being conducted and discussed) whether or not that person is an employee of De Forest Search, from engaging in any conduct prohibited by this Policy, including, but not limited to, conduct that creates a hostile work environment based on any protected characteristic; and
      4. the denial of reasonable accommodations for disabilities; pregnancy, childbirth, and related medical conditions; religious beliefs, observances, and practices; or for victims of domestic violence, sex offenses, or stalking that do not create an undue hardship.
    4. Some offensive acts or remarks may violate this Policy even if they are not so severe that they violate federal, state, or local discrimination laws. De Forest Search may discipline conduct that violates this Policy even if the conduct does not violate a law prohibiting discrimination
  4. Compliance
    1. Report any conduct that you believe to be a violation of this Policy, either directly to a member of the De Forest Search executive office or by calling (310) 374-4477, both of which allow anonymous reporting as permitted by applicable law. Associates who fail to report actual or suspected misconduct may be deemed in violation of this Policy as permitted by applicable law. De Forest Search will not tolerate retaliation against an Associate for reporting a concern in good faith or for cooperating with a compliance investigation, even when no evidence is found to substantiate the report. Any violation of this Policy may be grounds for disciplinary action, up to and including termination, subject to applicable law. Violation of applicable laws may also result in criminal prosecution of responsible individuals.