Information We Collect.
THE TYPES OF DATA COLLECTED BY Pompeian WILL VARY WITH YOUR PARTICULAR USE OF THE POMPEIAN SITE. Below, Pompeian provides general detail on the type(s) of PII (or related information) Pompeian may collect through the Pompeian Site.
Contact Information: Pompeian may collect certain contact information, such as, without limitation, your name, phone number, address, and email address.
Demographic and Survey Information: Pompeian may collect demographic and general profile data (e.g., educational, professional, accounting, and geographic information).
Transactional Information: Pompeian may collect information about the transactions that occur on the Pompeian Site (e.g., tool or feature (and related database) utilization and activity, navigation, exit page tracking, or content selection data).
Technical Information: Pompeian may collect Internet Protocol (IP) addresses or a unique identifier for a mobile device from users of the Pompeian Site as well as the date and time of access and the webpage(s) or feature accessed. Pompeian may also catalog the type of computer, browser, wireless network, mobile network, or operating system used by you.
Use of Information.
Pompeian may use PII collected from the Pompeian Site to operate the Pompeian Site, provide, and/or enhance certain of its features, tools, and functionality, and to otherwise provide and improve the quality of the Pompeian Site. Below, please find additional information on how Pompeian may use PII collected from the Pompeian Site.
Contact Information: Pompeian may use your contact information in connection with the provision of its services, programs, information, and materials. Pompeian may also use your contact information to (i) promote programs, information, and materials in furtherance of Pompeian’s mission; (ii) create a personalized experience for you when using the Pompeian Site; (iii) provide you with news, materials, and information; (iv) assist with security or fraud prevention or response measures; (v) facilitate a Pompeian Site feature or tool; (vi) get in touch with you with respect to any (a) transaction(s) conducted through the Pompeian Site; (b) support request or question you bring to Pompeian’s attention; (c) changes made to the Pompeian Site, including updates or its terms, policies, and/or agreements; or (d) new products, services, programs, information, or materials offered by Pompeian; or (vii) for any other lawful purposes as determined by Pompeian in its sole discretion.
Pompeian also may share your contact information with third parties including, without limitation, Pompeian’s vendors, members, or business partners to (i) facilitate or implement the foregoing; (ii) promote the products or services of others; (iii) allow for online registration or submission; and/or (iv) for other internal business purposes. In addition, Pompeian may (x) supplement the PII collected from you with information about you obtained from other sources, such as, without limitation, from Pompeian’s contractors, vendors, or business partners; or (y) engage in cross-border transfers of PII for the foregoing purposes.
Demographic and Survey Information: Pompeian may use demographic information in connection with the provision of its Pompeian Site or for administrative, management, and monitoring purposes. In addition, Pompeian may generate, maintain, and share survey results and aggregated demographic data collected through the Site with its affiliates, business partners, the general public, the news media, and with the U.S. Government and state governments, not only as may be required by law, but also for promotional purposes, for release to third parties, and to participate in government programs and initiatives. But, such survey or aggregated information will not identify any particular user. Moreover, participation in a survey is voluntary.
Transactional Information: Pompeian may use transactional information for marketing, administrative, and support purposes in order to provide or improve the Pompeian Site or any of its other services, programs, information, or materials. In addition, Pompeian may also share such transactional data on an aggregated basis (which will not identify any particular user) with or to third parties, including, without limitation, vendors, advertisers, or business partners.
Technical Information: Pompeian may use technical information, such as your IP address (i.e., number assigned to your computer or network when linked to the Internet) or browser type, for system administration and to help diagnose problems with Pompeian’s servers, analyze Pompeian Site usage trends, e.g., when you access a particular page or feature, track navigation on the Pompeian Site, and to otherwise improve, troubleshoot, manage, and monitor the Pompeian Site. We may associate your IP address with the PII you provide in order to allow the Pompeian Site to recognize you. We also may share aggregated technical information with our business partners, but only on a de-identified basis.
Business Transactions: In the event that Pompeian goes through a business transaction, such as a bankruptcy event, merger, investment transaction, or acquisition by another entity involving the sale of all or a portion of its assets, please note that certain or all of the PII collected and retained by Pompeian may be among the assets transferred or reviewed.
Legal Action: Pompeian may disclose certain or all PII when legally required to do so in accordance with subpoenas, government requests or regulations, or legal proceedings. Pompeian may also disclose certain or all PII to protect against misuse or unauthorized use of the Pompeian Site or as is otherwise required to limit legal liability, protect or defend Pompeian’s rights, property, or interests, or protect the safety, rights, or property of others.
Cookies and Similar Identifier Technologies.
Links to Third-Party Sites.
You should maintain your password or other access credentials in a confidential manner. Pompeian maintains commercially reasonable data security measures for the Pompeian Site to protect the PII under its control against unauthorized access, loss, and disclosure. These measures include the implementation of reasonable (or required by law) technical, physical, and administrative data security safeguards.
Unfortunately, no security is 100% secure, particularly data transmission over the Internet or any wireless network over which Pompeian has not control. As a result, while Pompeian strives to protect information, Pompeian cannot ensure or warrant the security of any information and particularly, any information transmitted using the Pompeian Site. You use the Pompeian Site at your own risk.
We retain information for as long as is required, allowed or Pompeian believes it useful, but we are not otherwise obligated to retain information for any period of time. Subject to applicable law, Pompeian may dispose of your information in our sole discretion without notice. If you contact us by mail, voice, email, or any other form for transmission, we may keep a record of your correspondence, including any information contained therein.
What about Children?
Pompeian cares about the safety of children on its Pompeian Site and encourages parents and guardians to monitor their children’s use of the Internet. Although the Pompeian Site is suitable for a general audience, the Pompeian Site is intended for use only by users who are over eighteen (18) years of age. Accordingly, Pompeian does not knowingly solicit PII from or send direct requests for PII to children. If you become aware that your child has provided PII to Pompeian, please contact Pompeian immediately.
Effective as of May 2019
The Pompeian Site is made available by Pompeian, and this TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the Pompeian Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Pompeian Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Pompeian Site or any materials through the Pompeian Site for any commercial or unauthorized purposes. If you wish to make use of the Pompeian Site (or its information) other than as set out herein, you may contact Pompeian using the contact information set forth below.
License Grant Restrictions
This TOU is only a license and not an assignment or sale. Pompeian transfers no ownership or intellectual property interest or title in and to the Pompeian Site to you or anyone else. Further, Pompeian reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Pompeian Site.
By accessing or using the Pompeian Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Pompeian Site, including, without limitation, when you provide information via a Pompeian Site submission (or registration). Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Pompeian Site only with the involvement and acceptance of this TOU by a parent or legal guardian. If you are accessing or otherwise using the Site on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this TOU. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Pompeian Site. You also acknowledge and agree that use of the Internet and the Pompeian Site is solely at your own risk.
The Pompeian Site is owned by Pompeian, Inc. Copyright  © [Pompeian, Inc.] and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Pompeian Site, unless otherwise indicated, are owned by Pompeian and/or its licensors. POMPEIAN, the Pompeian logo, and all other names, logos, and icons identifying Pompeian and its products (or services) are proprietary trademarks of Pompeian, and any use of such marks without the express written permission of Pompeian is strictly prohibited. Other service, product, or company names mentioned may be the trademarks and/or service marks of their respective owners.
Pompeian welcomes your feedback and suggestions about Pompeian’s mission, services, or with respect, how to improve the Pompeian Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Pompeian, you represent and warrant that you own all rights to such Feedback and the Feedback does not infringe the rights of any third party. In addition, the submission of Feedback will include an irrevocable, perpetual, royalty‑free license for Pompeian to use such Feedback in any manner, for any purpose in furtherance of Pompeian’s mission, and in any medium.
Links to Other Sites
Pompeian may provide links, in its sole discretion, to other third-party websites and/or provide access to social media platforms. Such other sites, including social media platforms, are maintained by third parties over which Pompeian exercises no control. These links do not imply an endorsement with respect to any third party or the information, products, or services provided by any third party unless Pompeian expressly states otherwise.
THE POMPEIAN SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. POMPEIAN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POMPEIAN ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION OR SERVICES PROVIDED BY OR AVAILABLE THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ACCESS TO OUR USE OF ANY THIRD-PARTY CONTENT OR SITES.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE POMPEIAN FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND POMPEIAN’S CONTROL. MOREOVER, IN NO EVENT SHALL POMPEIAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE POMPEIAN SITE OR WITH THE DELAY OR INABILITY TO USE THE POMPEIAN SITE, EVEN IF POMPEIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF POMPEIAN FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE POMPEIAN SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE POMPEIAN SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING FIFTY DOLLARS ($50).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES, AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, POMPEIAN’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Pompeian wishes to keep the Pompeian Site as a safe and productive resource. You therefore may not use the Site or any of Pompeian’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. Pompeian reserves the right to view, monitor, and/or record activity on the Pompeian Site in order to maintain security of the Site. Such recorded activity is subject to review by law enforcement organizations. Pompeian will also comply with all court orders or subpoenas involving requests for information. Pompeian reserves the right at any time to suspend or terminate operation of or access to the Site or any portion of the Site.
You agree that Pompeian shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that Pompeian post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Pompeian to enforce any provision of this TOU.
Term and Termination
This TOU will take effect (or re-take effect) at the moment you check the box certifying that you have read, understand, and agree to abide by the terms and conditions of the Pompeian Site, register, respond through the Pompeian Site to a request for information, and/or begin downloading, accessing, or using the Pompeian Site, whichever is earliest. Pompeian reserves the right at any time and on reasonable grounds to deny your access to the Pompeian Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Pompeian Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Pompeian Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Pompeian Site in your possession. The provisions concerning Pompeian’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
The Pompeian Site is controlled and operated by Pompeian from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of State of Maryland as applied to agreements entered into and completely performed in the State of Maryland. Any action to enforce this TOU will be brought in the courts presiding in the State of Maryland, and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Pompeian Site may not be legal by certain persons or in certain countries. If you access the Pompeian Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Waiver and Severability
Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Pompeian of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
No joint venture, partnership, employment, affiliate, or agency relationship exists between you and Pompeian as a result of this TOU or your utilization of the Pompeian Site. This TOU represents the entire agreement between you and Pompeian with respect to use of the Pompeian Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Pompeian with respect to the Pompeian Site. You may not assign or transfer any rights under this TOU without the prior written consent of Pompeian. Please note that Pompeian reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or emailing notice thereof to you. In addition, Pompeian may add, modify, or delete any aspect, program, or feature of the Pompeian Site, but Pompeian is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Pompeian Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
If you have questions regarding the Pompeian Site or if you are interested in obtaining more information concerning Pompeian, please contact [Pompeian, 4201 Pulaski Highway, Baltimore, MD 21224, 1-800-766-7342, https://www.pompeian.com/contact or firstname.lastname@example.org].