This Liability and Privacy Policy is for Critical-Life-Data.Com, LLC hereby known as  ”CLD”  the parent company for the associated Product Lines and Websites, hereby known as “SITE/SITES” of EmergengyPrep-4U.com and MarineSafetyGraphics.com, revised effective January 1, 2021.

We understand that making purchases online involves a great deal of trust on your part. We take this trust very seriously and make it our highest priority to ensure the security and confidentiality of your personal information. Please read the following policy to learn about our Privacy and Liability practices. By visiting our sites of, www.Critical-Life-Data.com, www.EmergencyPrep-4U.com and www.MarineSafetyGraphics.com you are accepting the practices described herein:

• What information we collect
• How we use your information
• With whom we share your information
• Terms and Conditions for Use of this Site
• Use of This Site
• Proprietary Rights Information
• Trademarks
• Copyright
• User Feedback
• Notice of Procedure for Making Claims of Copyright Infringement
• Privacy Use of Personal Information
• Monitoring
• Passwords
• Linked Websites
• Advertising Disclosure
• Missed Communication or Lost Transactions
• Personal Information and Credit Card Information
• Use of Third Party Suppliers
• Shipping
• Payment and Sales Taxes
• Miscellaneous Terms
• Exclusion of Warranty Disclaimer
• Limitation of Liability
• Indemnification
• Governing Law
• Entire Agreement

What information we collect

In General. We receive and store any information you enter on our Web site or give us in any other way. This includes information that can identify you (“personal information”), including your first and last name, telephone number, postal and e-mail addresses, and, in some cases, billing information (such as credit card number, cardholder name, and expiration date). We also may request information about your boat(s). You can choose not to provide information to us, but in general, some information about you is required in order for you to make a purchase of products or services.

Information from Other Sources – We also may periodically obtain information about you from our business partners and other independent third-party sources and add it to our account information. Examples of information we may receive include: updated delivery and address information, which we use to correct our records and to facilitate proper delivery of information; and demographic information, which we use to better understand your potential purchasing preferences.

How we use your information

CLD uses billing information through PayPal (such as cardholder name, credit card number, and expiration date) for the purpose of completing the purchases you conduct on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with an order confirmation and product updates; to manage your account, including processing bills and providing shipment notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and Web site; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with CLD, to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.

With whom we share your information

CLD may share your information with the following entities:

• Third-party vendors. We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions but are not permitted to share or use the information for any other purpose.
• Business partners with whom we may jointly offer products or services. You can tell when a third party is involved in a product or service you have requested because their name will appear with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and recommend you evaluate their practices before deciding to provide your personal information.
• Companies within the CLD family. Sharing this information with our U.S. corporate affiliates enables us to provide you with information about products and services, both boating-related and other, which might interest you. To the extent that our corporate affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They also will comply with applicable laws governing the transmission of promotional communications and, at a minimum, give you an opportunity in any commercial e-mail they send to choose not to receive such e-mail messages in the future.                    

We also may share your information:

• In response to subpoenas, court orders, or other legal processes; to establish or exercise our legal rights; to defend against legal claims, or as otherwise required by law. In such cases, we reserve the right to raise or waive any legal objection or right available to us.
• When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of CLD, our customers, or others; and in connection with our Terms of Use and other agreements.
• In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors a Web site receives or what are the most popular products. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

Terms and Conditions for Use of this Site

This website (the “Site/Sites”) contains information on the CLD line of products related or consumer goods and services. This Site and the products are offered exclusively by CLD and/or its various third-party providers and distributors. The offer of such goods and/or services is conditioned on the user’s acceptance of the terms and conditions and notices set forth herein. BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING, OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (“AGREEMENT”) WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.

Use of This Site

The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make purchases for either Yourself or for another person for whom You are authorized to act. You may only use this Site to make legitimate purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false, or fraudulent purchases, or any purchase in anticipation of demand. This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from CLD has been granted. You agree that You will not use this Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial), or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, You agree not to create a hypertext link from any website controlled by You or otherwise, to this Site without the express written permission of CLD. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including any employee or agent of CLD or any third party that provides services related to this Site. You agree that You will not use any robot, spider, other automatic devices, or manual process to monitor or copy the Site or any contents or information contained therein unless You obtain CLD ’s prior express written consent. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to CLD and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for CLD or cause CLD to lose (in whole or in part) the services of our suppliers.

Proprietary Rights Information

This Site contains copyrights and references trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of CLD and/or other parties. No license or right to or in any such copyrights, trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of CLD and/or other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded, or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any CLD trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks, or other proprietary information.

Trademarks

The trademarks, logos and service marks, and trade dress displayed on this Site (collectively, the “Trademarks”) are registered and common law Trademarks of CLD, its affiliates, and various third parties. CLD logos and product and service names are trademarks of CLD. Any reproduction or use of any of the contents of this Site without the express written consent of CLD is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of CLD or such other party that may own the Trademarks.

Copyright

This Site is the copyrighted property of CLD and affiliated sites, companies, and/or its various third-party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted, or distributed without the written permission of CLD, except that you may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.

User Feedback

By submitting any testimonials, ideas, comments, suggestions, or other information to CLD related to improvements to the Site and/or services related to the Site; (collectively, the “Feedback”), You agree that such Feedback shall be deemed, and shall remain CLD property. None of the Feedback shall be subject to any obligation of confidentiality on CLD part and CLD shall not be liable for any use or disclosure of any Feedback. CLD shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to You. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to CLD stated above.

Notice and Procedure for Making Claims of Copyright Infringement

CLD respects the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please provide CLD with the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the Site.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you that your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Privacy Use of Personal Information

CLD respects the privacy of users of this Site. CLD provides this CLD Liability and Privacy Policy so You will be informed about use of information CLD collects at this Site. You hereby acknowledge and agree that You have read and consent to the terms of the Privacy Policy which is incorporated by reference herein. When You purchase CLD products through this Site, information that You have provided us about You may be provided to third-party vendors to fulfill your order. .CLD may maintain information about You in a customer profile. This Site is designed to minimize the need for You to re-enter such information from the customer profile on the variety of forms that appear when You use the Site. Such information in the customer profile may be used by CLD to automatically fill in certain forms that appear when You browse this Site for information and to make purchases. This Site contains links to other websites that may collect personally identifiable information about You. When You click on one of these links, You are entering another website for which this Site has no responsibility. We encourage You to read the privacy policies of all such sites, as their policies may be materially different. In addition to the circumstances described above, CLD may disclose the information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights of CLD when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights, whether intentionally or otherwise, or when anyone else could be harmed by such activities.

Monitoring

You agree that CLD has no obligation to, but may monitor and review information You transmit over the Site. You agree that CLD may censor, edit, remove or prohibit the transmission or receipt of any information that CLD deems inappropriate or in violation of these Terms, and use any such information as necessary to provide the Site and/or to protect the rights of CLD. You agree that CLD may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.

Passwords

You acknowledge that CLD will know passwords that You use to access the Site. You acknowledge and agree that You are solely responsible for maintaining the confidentiality of Your information and passwords and accept responsibility for all activities that occur under Your account or password. CLD takes no responsibility and assumes no liability for any content posted or submitted by You or any users of Your account.

Linked Websites

This Site includes links to other websites. CLD provides such links solely as a convenience to You and for informational purposes only. CLD has not reviewed all of the information on these other websites. The inclusion of these links in no way indicates CLD  endorsement, support, or approval of the content, advertising, products, services, policies, or other materials on or available from such websites. Neither CLD nor any other providers of products or services related to this Site, shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If You decide to access other websites, You do so at Your own risk. Other websites may include links to the Site. The inclusion of such links does not indicate the other website’s endorsement, support, or approval of the content, advertising, products, services, policies, or other materials on or available from the Site.

Advertising Disclosure

Product descriptions posted on our product pages are the representations of our suppliers. The Sites may contain technical inaccuracies or typographical errors or omissions. CLD is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. CLD reserves the right to make changes, corrections, and/or improvements to the Sites, and to the products and programs described in such information, at any time without notice.

Missed-Communications or Lost Transactions

CLD and any other providers of products or services related to this Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, CLD and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. CLD and any other providers of products or services related to this Site may cancel or modify purchases where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or resulted from a mistake or error. You agree that neither CLD  and associated companies nor any other providers of products or services related to this Site are responsible for any damages that may arise as a result of any purchase You request or make on this Site that is not processed or accepted for any reason.

Personal Information and Credit Card Information

YOU AGREE THAT NEITHER CLD NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS, OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE. CLD MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEBSITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER CLD NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER CLD NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

Use of Third Party Suppliers

In order to offer the services related to this Site, and fulfill orders users place on this Site, CLD may use third-party suppliers. You acknowledge and agree that suppliers providing products or services for CLD may be independent contractors and not agents or employees of CLD. Your credit card statements for products or services purchased on this Site may refer to such third-party suppliers or their respective fulfillment vendors, rather than to CLD. You agree to the terms and conditions of purchase imposed by CLD, or other suppliers. You also agree to pay all amounts, taxes, and related charges arising out of Your use of this Site and of the products and services provided herein when due, including additional fees that may not be included in the original quote, including, but not limited to actual shipping charges. YOU AGREE THAT CLD IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS. CLD HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OUT OF STOCK, OR OTHER CAUSES BEYOND CLD ’S DIRECT CONTROL AND CLD HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.

Shipping

By placing an order on CLD Sites, You accept the following shipping terms: All products will be shipped via USPS for a flat Shipping rate plus applicable Taxes. Shipping and Handling fee will be assessed for delivery within the continental United States. Additional shipping charges for shipments outside of the Continental U.S. We are unable to ship to A.P.O. or F.P.O. addresses, and no C.O.D orders can be accepted. All orders must be paid in full prior to shipping. (See posted Shipping Policy for rates and conditions)

Payment and Sales Tax

We accept payment through PayPal, Discover, American Express, Visa, and MasterCard credit cards for all purchases. All payments must be in US Dollars. Current billing addresses and phone information must be included with every order. Sales Tax will be charged on products sold to Illinois residents or depending on the shipping address as required by law. Shipping and Handling fees will be additional.

Miscellaneous Terms

Denial of Access

In its sole discretion, in addition to any other rights or remedies available to CLD, and without any liability whatsoever to User, CLD, at any time and without notice, may terminate or restrict User’s access to this Site and any related services.

Headings

The headings used in these Terms are included by convenience only and will not limit or otherwise affect these Terms.

Assignment

You may not assign, convey, subcontract or delegate Your rights, duties, or obligations hereunder.

Additional Terms

Additional terms and conditions may apply to reservations, purchases of goods and services, and other uses of portions of this Site, and You agree to abide by such other terms and conditions.

Severability

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Attorney’s Fees

If CLD takes any action to enforce this Agreement, CLD will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which CLD may be entitled.

Modification

CLD may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access, use, and/or posting on this Site shall be deemed Your acceptance of the changed Terms.

EXCLUSION OF WARRANTY DISCLAIMER

YOU AGREE THAT YOU USE THE SITE/SITES AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS, AND/OR MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. CLD HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY CLD WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

LIMITATION OF LIABILITY

Under no circumstance shall CLD have any liability to you for any loss, damage, or misuse of any kind incurred as a result of the use of CLD/Marine Safety Graphics™ or CLD Products, the sites, or our mobile application or reliance on any information provided on the sites. Your use of the sites or our mobile application and your reliance on any information on the sites or our mobile application is solely at your own risk.

IN NO EVENT SHALL CLD, ITS AGENTS, REPRESENTATIVES, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY CLD OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST CLD, ITS AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES. IN THE EVENT CLDIS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

Indemnification

You agree to indemnify and hold CLD and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference or Your violation of any law or the rights of a third party. CLD failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.

Governing Law

Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Illinois applicable to contracts entered into and to be performed entirely within the State of Illinois. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph.

Entire Agreement

These Terms, together with those incorporated herein or referred to herein (including, without limitation, the CLD (Privacy Policy) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Rev 02.2021