CUSTOM CAMPAIGNS TERMS OF USE AND PRIVACY POLICY

Last updated January 19th, 2023

For the sake of transparency and because we’re not all lawyers, here is a summary of our Custom Campaigns Terms of Use + Privacy Policy in readable, non-legalese language. You’ll find the full legal Terms of Use + Privacy Policy below the summary. 

Remark Public Benefit Corporation (“Remark”) takes seriously the issue of safeguarding your privacy online. This Terms of Use and Privacy Policy applies to our Custom Campaigns web pages listed at https://remark.eco/c/, for all other products please see our full terms of use and privacy policy

Remark Custom Campaigns are for the exclusive use of residents in the United States of America. Residents outside the United States do not have permission to use Custom Campaigns at this time. 

These Terms of Use and Privacy Policy provide you with information relating to how Remark processes your personally identifiable information when you use Remark Custom Campaigns.

Questions regarding the terms or privacy statement should be submitted to Remark Customer Support at hello@remark.eco. 

Does Remark ask for personal information?

Yes. Remark asks for your first name, last initial, and email address when you use our Custom Campaign web pages. This is required to send emails on your behalf and to prevent spam from being sent. 

How does Remark receive my personal information?

Remark receives your personal information when you provide it directly to us as part of using our Websites, filling out our forms or from public information sources.

How does Remark use my personal information and what personal information does Remark receive? 

Custom Campaign Web Pages: 

Remark’s Custom Campaign web pages collect contact information such as your first name, last initial, and email address. This personal information is used to send emails on your behalf to Businesses, to respond to your requests and questions, and to allow you to use Remark services. Businesses you send emails to using Custom Campaigns will receive your first name, last initial, and email address. Remark will also share your contact information with the Sponsor of the campaign. Your personal information will not be shared with any other third parties beyond the businesses your email was sent to, the Sponsor of the campaign, and Remark. 

Remark does not knowingly collect information from children under 13; if Remark later learns that a child under 13 is registered, steps will be taken to remove the child’s information from the database or receive written parental permission for use of the platform. 

Direct Emails:

By using a Remark Custom Campaign web page, you opt into receiving Remark newsletters and newsletters from the Sponsor of the campaign.  If you no longer wish to receive these newsletter and promotional communications, you may opt-out by following the unsubscribe instructions included in each newsletter.

Remark may send occasional emailed messages, such as critical service announcements or other correspondence, to all registered members. To stop all such announcements, you must delete your information. You may do so by emailing hello@remark.eco

Links to 3rd Party Custom Campaignss:

Our Custom Campaigns may include links to other web Custom Campaignss whose privacy practices may differ from those of Remark. If you submit personal information to any of those Custom Campaignss, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Web Custom Campaigns you visit.

Will Remark disclose any of my personal information?

Remark will share your personal information with third parties only in the ways that are described in this Privacy Policy. Please see the sections above titled “Custom Campaign Web Pages” and “Direct Emails” to see how your information is shared. In certain situations, Remark may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Remark will only disclose your personal information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request, such as to comply with a subpoena, or similar legal process, or to protect the rights or property of Remark, or as necessary to provide personalized Remark member services. If Remark is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web Custom Campaigns of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information. We may also provide information to trusted partners who work on behalf of or with Remark under confidentiality agreements. These companies may use your personal information to communicate with you about offers from Remark and our marketing partners. However, these companies do not have any independent right to share this information or use it for any other purposes other than to provide these services to us. If you do not want us to share your personal information with these companies, contact us at hello@remark.eco. Remark does disclose aggregated user statistics (for example, X% of our users send Remarks in Colorado) in order to describe our services to prospective partners, advertisers, and other third parties, and for other lawful purposes.

We reserve the right to use, transfer, sell, and share aggregated, anonymous data for any legal business purpose. Such data does not include any personal information. The purposes may include analyzing usage trends or seeking compatible Sponsors.

How can I opt out or opt-in to the sale of my personal information?

By using Remark Custom Campaign web page you are automatically opted-in to the sale of your provided information. If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age.

Once you make an opt-out request, we will notify you that your information has been removed from our database. However, you if you use a Remark Custom Campaign web page after the request is made, you will automatically be opted back into personal information sales and will need to submit an additional request to opt-out if you so choose by contacting Remark Support at hello@remark.eco 

Will I be discriminated against for opting-out of the sale of my personal information?

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

– Deny you access to our services;

– Provide you with a different level or quality of goods or services; or

– Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How do I change or delete my personal information?

Please contact Remark at hello@remark.eco

Does Remark use Tracking Technologies?

Yes, cookies and other tracking technologies are used on Remark in several ways.

As is true of most Websites, Remark gathers certain information automatically. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We do link this automatically-collected data to other information collected about Custom Campaigns visitors.

Remark and its partners use cookies or similar technologies to analyze trends, administer the webCustom Campaigns, track users’ movements around the webCustom Campaigns, and gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our webCustom Campaigns or service. 

Does Remark sell e-mail addresses to advertisers?

No. Beyond sharing your email with the Sponsor of the campaign, the Business recipient, and Remark, we do not sell or share your information without your direct permission. We respect your privacy and despise spam.

With regards to support e-mail communication with the Remark team at hello@remark.eco, we read every message sent to us and do our best to respond quickly. We do save messages that might be needed if the sender contacts us again, but we absolutely do not sell, rent, give, or share e-mail addresses with other companies unless you have specifically opted to receive such communications.

How does Remark keep your information secure? 

Remark is committed to keeping your personal information safe and secure and we have appropriate and proportionate security policies and organizational and technical measures in place to help protect your information.

This includes corporate policies and staff training regarding how your personal information should be handled, as well as physical security, encryption, and network security for IT infrastructure. Your personal information is only accessible by appropriately trained staff.

Although we maintain strict policies and procedures to safeguard our servers and our customers’ data, it is not possible to guarantee security due to the inherent risks of transmitting data over the Internet.

What is Remark’s data retention policy?

We may retain your information for as long as needed to provide you and campaign Sponsors’ services, comply with our legal obligations, resolve disputes, and enforce our agreements.

What else should I know about my privacy?

Please keep in mind that whenever you voluntarily disclose personal information online that information can be collected and used by others. In short, by posting personal information online that is publicly accessible, you may receive unsolicited messages from other parties in return. Furthermore, while we strive to protect your personal information, Remark cannot ensure or warrant the security of any information you transmit to us over the Internet, and you do so at your own risk. You are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.

What happens if changes are made to the privacy policy?

Remark reserves the right to change the privacy policy, but will notify users of such changes through email and/or by posting a notice on the Custom Campaigns. The date of the latest update will always be found at the top of this policy. If the change involves the use of a user’s personally identifiable information then the notice to users will contain directions on how users can opt out of the change.

For more information:

CONTACT US

In order to resolve a complaint regarding Custom Campaigns or to receive further information regarding the use of Custom Campaigns, please contact us at:

Remark Public Benefit Corporation

3000 Lawrence St #2

Denver, CO 80205

hello@remark.eco

Begin Legalese

Full Custom Campaigns Terms of Use and Privacy Policy

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Remark Public Benefit Corporation (“Remark”, “Company”, “we”, “us”, or “our”), concerning your access to and use of our Custom Campaigns web pages listed at https://remark.eco/c/ as well as any other media form, media channel, or mobile webCustom Campaigns related, linked, or otherwise connected thereto, and all content, services, and products available thereon (collectively, “Custom Campaigns”). 

Our Custom Campaigns service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time by Remark. You agree that by accessing the Custom Campaigns web pages, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OUR CUSTOM CAMPAIGNS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Custom Campaigns web pages after the date such revised Terms of Use are posted.

The information provided on the Custom Campaigns web pages is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Custom Campaigns web pages from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Custom Campaigns is not intended for users who are under the age of 13. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Custom Campaigns. If you are between 13 and 18 years of age, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Custom Campaigns. If you are under the age of 13, you need written parental consent in order to use the Custom Campaigns. Please email support@remark.eco to obtain our COPPA Consent Form in order to provide such written consent.

USING CUSTOM CAMPAIGNS CUSTOM CAMPAIGNS TO SEND A BUSINESS FEEDBACK

Custom Campaignss can only be used in the United States at this time. After you enter in the business name and location, you will have the opportunity to enter your contact information and edit the automatically generated email prior to sending feedback. In order to send feedback to a Business, you must provide your first name, last initial and email address.

How we send emails to businesses and keep your information safe: When you send an email with Custom Campaigns forms, your first name, last initial and email address will be shared with the business recipient. The email will be sent via Remark and the email address you provide will be listed as the Reply To address. If any response by the Business is made, it will go directly to the provided email and not to Remark. Please note that any contact information or content you include in the body of your message will pass through unaltered.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Custom Campaigns is our proprietary property and all source code, databases, functionality, software, webCustom Campaigns designs, audio, video, text, photographs, and graphics on the Custom Campaigns web pages (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, our Sponsors or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Custom Campaigns “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Custom Campaigns web pages and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Custom Campaigns web pages, you are granted a limited license to access and use the Custom Campaigns and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Custom Campaigns web pages, the Content, and the Marks.

USER REPRESENTATIONS

By using the Custom Campaigns web pages, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Custom Campaigns; (6) you will not access the Custom Campaigns through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Custom Campaigns for any illegal or unauthorized purpose; and (8) your use of the Custom Campaigns will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Custom Campaigns web pages (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Custom Campaigns for any purpose other than that for which we make the Custom Campaigns available. The Custom Campaigns may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Custom Campaigns, you agree not to:

  1. Systematically retrieve data or other content from the Custom Campaigns to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Circumvent, disable, or otherwise interfere with security-related features of the Custom Campaigns, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Custom Campaigns and/or the Content contained therein.
  3. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  4. Make improper use of our support services or submit false reports of abuse or misconduct.
  5. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  6. Interfere with, disrupt, or create an undue burden on the Custom Campaigns or the networks or services connected to the Custom Campaigns.
  7. Attempt to impersonate another user or person or use the username of another user.
  8. Use any information obtained from the Custom Campaigns in order to harass, abuse, or harm another person or business.
  9. Use the Custom Campaigns as part of any effort to compete with us or otherwise use the Custom Campaigns and/or the Content for any revenue-generating endeavor or commercial enterprise.
  10. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Custom Campaigns.
  11. Attempt to bypass any measures of the Custom Campaigns designed to prevent or restrict access to the Custom Campaigns, or any portion of the Custom Campaigns.
  12. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Custom Campaigns to you.
  13. Delete the copyright or other proprietary rights notice from any Content.
  14. Copy or adapt the Custom Campaigns’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  15. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Custom Campaigns or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Custom Campaigns.
  16. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  17. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Custom Campaigns, or using or launching any unauthorized script or other software.
  18. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Custom Campaigns.
  19. Use the Custom Campaigns in a manner inconsistent with any applicable laws or regulations.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Custom Campaigns or making Contributions accessible to the Custom Campaigns by linking your account from the Custom Campaigns to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Custom Campaigns. You are solely responsible for your Contributions to the Custom Campaigns web pages and you expressly agree to indemnify us from any and all responsibility and liability arising out of your Contributions and to refrain from initiating or participating in any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Custom Campaigns web pages; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR EMAILS SENT TO BUSINESSES

When sending an email using Custom Campaigns web pages, you must comply with the following criteria: (1) your email should not contain offensive profanity, or abusive, racist, offensive, or hate language; (2) your email should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (3) your email should not contain references to illegal activity; (4) you should not be affiliated with competitors if posting negative emails; (5) you should not make any conclusions as to the legality of conduct; (6) you may not post any false or misleading statements; and (7) We may accept, reject, or remove emails in our sole discretion. We have absolutely no obligation to screen or delete emails, even if someone considers emails objectionable or inaccurate. Emails are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any email or for any claims, liabilities, or losses resulting from any email. 

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Custom Campaigns (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEB SITES AND CONTENT

The Custom Campaigns web pages may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Custom Campaigns or any Third-Party Content posted on, available through, or installed from the Custom Campaigns web pages, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Custom Campaigns web pages and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any websites to which you navigate from the Custom Campaigns web pages or relating to any applications you use or install from the Custom Campaigns. Any purchases you make through Third-Party Websites will be through other Websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

U.S. GOVERNMENT RIGHTS

Our services are “commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within the Department of Defense (“DOD”), our services are subject to the terms of these Terms of Use in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Terms of Use in accordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Terms of Use.

CUSTOM CAMPAIGNS MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Custom Campaigns web pages for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Custom Campaigns web pages or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Custom Campaigns web pages in a manner designed to protect our rights and property and to facilitate the proper functioning of the Custom Campaigns web pages.

PRIVACY NOTICE

By using the Custom Campaigns web pages, you agree to be bound by our Privacy Notice, which is incorporated into these Terms of Use. Please be advised the Custom Campaigns is hosted in the United States. If you access the Custom Campaigns from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Custom Campaigns, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. 

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Custom Campaigns web pages infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Custom Campaigns infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Custom Campaigns web pages. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE CUSTOM CAMPAIGNS WEB PAGES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE CUSTOM CAMPAIGN WEB PAGES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your use of the Custom Campaigns web pages for any reason, you are prohibited from using the Custom Campaigns web pages under a different name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating your use of the Custom Campaigns web pages we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Custom Campaigns web pages at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Custom Campaigns web pages. We also reserve the right to modify or discontinue all or part of the Custom Campaigns web pages without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Custom Campaigns.

We cannot guarantee the Custom Campaigns web pages will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Custom Campaigns, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Custom Campaigns web pages at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Custom Campaigns during any downtime or discontinuance of the Custom Campaigns. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Custom Campaigns or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Custom Campaigns web pages are governed by and construed in accordance with the laws of the State of Colorado applicable to agreements made and to be entirely performed within the State of Colorado, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Denver County, Colorado. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Denver County, Colorado, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Custom Campaigns web page be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Custom Campaigns web pages that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Custom Campaigns web pages at any time, without prior notice.

DISCLAIMER

THE CUSTOM CAMPAIGNS WEB PAGES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE  CUSTOM CAMPAIGNS WEB PAGES AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE  CUSTOM CAMPAIGNS WEB PAGES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE  CUSTOM CAMPAIGNS WEB PAGES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE  CUSTOM CAMPAIGNS WEB PAGES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE  CUSTOM CAMPAIGNS WEB PAGES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE  CUSTOM CAMPAIGNS WEB PAGES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE  CUSTOM CAMPAIGNS WEB PAGES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE  CUSTOM CAMPAIGNS WEB PAGES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE  CUSTOM CAMPAIGNS WEB PAGES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL REMARK ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE  CUSTOM CAMPAIGNS WEB PAGES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE  CUSTOM CAMPAIGNS WEB PAGES, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF BUSINESS OR ANCITIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Custom Campaigns web pages; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Custom Campaigns web pages with whom you connected via the Custom Campaigns web pages. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you provide to the Custom Campaigns web pages for the purpose of managing the performance of the Custom Campaigns web pages, as well as data relating to your use of the Custom Campaigns web pages. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Custom Campaigns web pages. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Custom Campaigns web pages, sending emails to businesses, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Custom Campaigns web pages, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE CUSTOM CAMPAIGNS WEB PAGES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Custom Campaigns web pages or in respect to the Custom Campaigns web pages constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Custom Campaigns web pages. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Custom Campaigns web pages or to receive further information regarding use of the Custom Campaigns, please contact us at:

Remark Public Benefit Corporation

3000 Lawrence St #2

Denver, CO 80205

hello@remark.eco