TERMS OF USE AND POLICIES
TERMS OF USE
PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY IN ITS ENTIRETY! https://www.byebyejetlag.com REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOUR USE OF https://www.byebyejetlag.com.
BY ACCESSING OR USING THIS SITE YOU REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO ACT TO BIND YOURSELF, ANY THIRD PARTY, COMPANY, OR LEGAL ENTITY, AND THAT YOUR USE AND/OR INTERACTION, AS WELL AS CONTINUING TO USE OR INTERACT, WITH THE SITE CONSTITUTES YOUR HAVING READ AND AGREED TO THESE TERMS OF USE AS WELL AS OTHER AGREEMENTS THAT WE MAY POST ON THE SITE.
BY VIEWING, VISITING, USING, OR INTERACTING WITH https://www.byebyejetlag.com OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF https://www.byebyejetlag.com.
https://www.byebyejetlag.com SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998.
https://www.byebyejetlag.com RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY LAWFUL REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, https://www.byebyejetlag.com IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.
THIS TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO ACCESS https://www.byebyejetlag.com, TO KEEP THEMSELVES INFORMED OF SUCH CHANGES BY REVIEWING THIS TERMS OF USE PAGE EACH TIME THEY VISIT https://www.byebyejetlag.com.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, Visitor agrees to compensate the owner(s) of https://www.byebyejetlag.com with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. Visitor warrants that he or she understands that accepting this provision is a condition of accessing https://www.byebyejetlag.com and that accessing https://www.byebyejetlag.com constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by the website’s owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities, and be liable for all damages arising from violating this provision. In recognition of the fact that it may be difficult to quantify the exact damages arising from infringement of this provision, you agree to compensate the owners of https://www.byebyejetlag.com with liquidated damages in the amount of U.S. $100,000, or, if it can be calculated, the actual costs and actual damages for breach of this provision, whichever is greater. You warrant that you understand that accepting this provision is a condition of accessing https://www.byebyejetlag.com and that accessing https://www.byebyejetlag.com constitutes acceptance.
DISCLAIMER FOR CONTENTS OF SITE
https://www.byebyejetlag.com disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on https://www.byebyejetlag.com. Visitors assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. We make no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
We assume no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at his own risk. Website makes no warranty that any downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or commercial in nature. For any jurisdictions that may now allow for these exclusions our maximum liability will not exceed the amount paid by you, if any, for using our website, our software, or our service.
Additionally, you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to, acts of God, war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other events which are not within our control.
INDEMNIFICATION
Visitor agrees that in the event he causes damage to us or a third party as a result of or relating to the use of https://www.byebyejetlag.com, Visitor will indemnify us for, and, if applicable, defend us against, any claims for damages.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
NOTICE
No additional notice of any kind for any reason is required to be given to Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the owner of https://www.byebyejetlag.com.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner of https://www.byebyejetlag.com’s address.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the owner of https://www.byebyejetlag.com.
CONTACT INFORMATION
Mailing address:
Pina De Rosa dba Bye Bye Jet Lag
P. O. Box 56373
Los Angeles, CA 91413
USA
Contact Email: hello@byebyejetlag.com, All Rights Reserved.
Disclaimer
The information contained in https://www.byebyejetlag.com is for general information purposes only. The information is provided by https://www.byebyejetlag.com and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to https://www.byebyejetlag.com or the information, products, services, or related graphics contained on https://www.byebyejetlag.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of https://www.byebyejetlag.com.
Through https://www.byebyejetlag.com you are able to link to other websites, including third party app stores, which are not under the control of https://www.byebyejetlag.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep https://www.byebyejetlag.com up and running smoothly. However,https://www.byebyejetlag.com takes no responsibility for, and will not be liable for, https://www.byebyejetlag.com being temporarily unavailable due to technical issues beyond our control
Privacy Policy
We understand that privacy online is important to users of our Website, especially when conducting business.This statement governs our privacy policies with respect to those users of the Website (“Visitors”) who visit without transacting business and Visitors who transact business on the Website and make use of the various services offered by Pina De Rosa dba Bye Bye Jet Lag (collectively, “Services”) (“Authorized Customers”).
“Personally Identifiable Information”
refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, and email address. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers who choose to utilize services on this Website, such as contact form, and newsletter/mailing signup forms: the names, company name, email addresses of Authorized Customers, the nature of the business if applicable, and the nature of any inquiries.
What organizations are collecting the information?
In addition to our direct collection of information, our third party service vendors (such as third party app stores) who may provide such services as processing payment information and managing content, may collect this information from our Visitors and Authorized Customers if the Visitors and Authorized Customers choose to visit the third party app store. We do not control how these third parties use such information, but they may disclose how they use personal information provided to them from Visitors and Authorized Customers, within their respective software applications and websites. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How does the Website use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Website, to make appropriate service offerings, and to fulfill buying and selling requests on the Website, if applicable. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Website or information related to the subject matter of the Website. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information and mailing list/newsletter.
With whom may the information may be shared?
We may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by Pina De Rosa dba Bye Bye Jet Lag is securely stored and is not accessible to third parties or employees of Pina De Rosa dba Bye Bye Jet Lag except for use as indicated above.
What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at hello@byebyejetlag.com, or utilizing the contact form on the home page of this Website.
Cookies
A cookie is a string of information that a Website stores on a visitor’s computer, and that the visitor’s browser provides to the Website each time the visitor returns.
Are Cookies Used on the Website?
Cookies are used for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer is logged on and the Website is unused for more than 10 minutes, we will automatically log the Authorized Customer off. Visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using https://www.byebyejetlag.com, with the drawback that certain features of Website may not function properly without the aid of cookies.
How does Pina De Rosa dba Bye Bye Jet Lag use data?
Pina De Rosa dba Bye Bye Jet Lag uses data, including, but not limited to, IP address ranges, ISPs, and browser types, to analyze trends, administer the Website, track a user’s movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Website?
Pina De Rosa dba Bye Bye Jet Lag has entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need to know basis for evaluating Authorized Customers for service eligibility. Our privacy policy does not cover their collection or use of this information.
Disclosure of Personally Identifiable Information to comply with law.
We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.
How does the Website keep Personally Identifiable Information secure?
The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Credit card information is not collected on this Website. While we take commercially reasonable measures to maintain a secure Website, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at hello@byebyejetlag.com
Can a Visitor delete or deactivate Personally Identifiable Information collected by the Website?
We are acting as a data controller with respect to the personal data of our Website visitors. You can request “to be forgotten”. We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Website’s database by contacting us at hello@byebyejetlag.com. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.Visitors and Authorized Customers may contact us at hello@byebyejetlag.com
Your rights
These are summarized rights that you have under data protection law
- The right to access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to object to processing
- The right to data portability
- The right to complain to a supervisory authority
- The right to withdraw consent
What happens if the Privacy Policy Changes?
We will let our Visitors and Authorized Customers know about changes to our privacy policy by posting such changes on the Website. However, if we are changing our privacy policy in a manner that might cause disclosure of Personally Identifiable Information that a Visitor or Authorized Customer has previously requested not be disclosed, we will contact such Visitor or Authorized Customer to allow such Visitor or Authorized Customer to prevent such disclosure.
Links:
https://www.byebyejetlag.com contains links to other websites. Please note that when you click on one of these links, you are moving to another website. We encourage you to read the privacy statements of these linked websites as their privacy policies may differ from ours. We have no control over the privacy statements or policies of third party websites.
California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Pina De Rosa dba Bye Bye Jet Lag to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to hello@byebyejetlag.com or write us:
We take great pride in the relationship of trust and we are dedicated to treating your personal information with care and respect. Pursuant to California Civil Code Section 1798.83(c)(2), Pina De Rosa dba Bye Bye Jet Lag does not share guests’ personal information with other companies or others outside for those parties’ direct marketing use unless a guest elects that we do so. For more information about our privacy and data collection policies, you may wish to review our Privacy Policy.
If you are a California resident under the age of 18, and a registered user of any Website where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to hello@byebyejetlag.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
COPPA – Children’s Online Privacy Policy
https://www.byebyejetlag.com is a general use website, geared towards adult users. The Bye Bye Jet Lag app is a general use app, geared towards adult users. At no time, should a child under the age of 13, use either the Website or the Bye Bye Jet Lag app. Children under the age of 13 are forbidden from using this site and the Bye Bye Jet Lag app in any manner.
How Parents may Raise Questions and Concerns?
If a parent has any questions or concerns, or believes their child has accessed this site and given personal information, we will, upon request, delete that information immediately. Please contact us at:
hello@byebyejetlag.com
or:
Pina De Rosa dba Bye Bye Jet Lag
P. O. Box 56373
Los Angeles, CA 91413
USA
Refund Policy
The Bye Bye Jet Lag App is sold through third party app stores, and not directly through this website. Please refer to the third party app store where you purchased/downloaded the app for their particular refund policy. We have no means to communicate directly with any third party app store, and cannot assist you with technical issues or refund requests.
Digital Millennium Copyright Act Policy
We respect the intellectual property rights of others just as we expect others to respect our rights. Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us email. To submit a good faith infringement claim to us, you must submit notice to us that sets forth the following information:
Notice of Infringement – Claim
1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
5. A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
Send all takedown notices through our Contact form, or by contacting us at hello@byebyejetlag.com. Please send by email for prompt attention.
Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand accept and agree that your identity and claim may be communicated to the alleged infringer.
Modifications
We reserve the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.