PRIVACY POLICY AND TERMS OF USE

THANKS FOR VISITING SCOTT CONANT'S WEBSITE
 

The www.scottconant.com website (the "Site") is owned, operated and maintained by SC IP, LLC.  We refer to SC IP, LLC or Scott’s other businesses as the "Company", "we", "us", or "our."  We hope you enjoy using the Site.  Because of the unique and exciting nature of the Internet and our desire to provide you with a great experience, we need to point out some legal rules as they apply to your visit here and your use of our Site.  We hope this is clear.  If you have any questions after reading this, please feel free to contact us at info@scottconant.com.  In addition to the lower case words "we" "us" and "our" defined above, you will notice that we capitalize certain words in these terms and conditions even though the rules of grammar do not require that they be capitalized.  We do this because these words have specific meanings in the Privacy Policy and Terms of Use.  These specific meanings are found where the capitalized words are placed inside parentheses and quotation marks. 


The Privacy Policy is effective as of January 1, 2020


AGREEMENT WITH OUR TERMS AND CONDITIONS
By using this Site, you agree to accept and do accept the Privacy Policy and Terms of Use, so please be sure to read them carefully.  If you do not agree, please do not use our Site.  We reserve the right, at our discretion, to change, modify, add or remove portions of these terms and conditions at any time.  Please check this page periodically for changes.  Unless the law requires otherwise, your continued use of our Site following the posting of changes to these terms will mean that you accept those changes. 


PLEASE BE ADVISED THAT TO THE EXTENT THAT WE PROVIDE ANY CONTENT FROM THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, OPINIONS AND ADVICE), SUCH CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  WE DO NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF THIRD PARTY CONTENT AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATING TO ANY THIRD PARTY CONTENT.


INFORMATION WE MAY COLLECT
Your Information and Your Site Usage Information
In the course of using the Site, you may provide or we may collect information about you.  We are committed to protecting the privacy of your information and explain our policies with respect to the use and disclosure of such information in our Privacy Policy and Terms of Use. 
When you register on or use the Site, we may collect the following information that identifies you, such as your name, email address, IP address, street address, and phone number among other such information such as the date and time you access the Site, the type of web browser you use, and/or the website from which you connect to our Site  (collectively "User Information”).  We collect and use this and non-personal information to analyze and develop our business strategy, and to determine how you found out about us, your interests regarding our products and services, and how to further improve our Site.  


We, or a third party, may also collect information from your activities on the Site for the purposes of providing advertisements and other content to you at the Site that are customized to your interests and preferences.  To accomplish all this, and to allow us to offer you streamlined access to Site features, we, as do many websites, use the technologies listed below and other similar technologies (the “Tracking Technologies”).  
We may periodically conduct surveys of visitors to our Site for internal, market research purposes.  This helps us better understand what our customers would like to see from us.  If you respond to such surveys, we may ask you for some Personal Information (as defined below) and/or may contact you for more information - but only if you’ve given us permission to do so.


COOKIES AND CLEAR GIF'S
Cookies are pieces of information that are stored by your browser on your device’s hard drive.  Cookies make web surfing easier for you by saving your customer identification information while you’re at our Site.  Cookies also track where you travel on our Site and what you review.  A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a web page or in an email or other type of message, that’s retrieved from a remote site on the Internet to verify that an individual has viewed or received a web page or message.  Our Site uses Cookies and clear GIFs to enhance your experience with our Site. 


IP ADDRESS TRACKING AND CLICKSTREAM DATA
In addition to Cookies and Clear GIFs, our servers automatically collect data about your server’s Internet address when you visit our Site.  This information, known as an Internet Protocol Address, or “IP Address,” is a number that’s automatically assigned to your device by your Internet Service Provider whenever you’re on the Internet.  When you view pages from our Site, our servers may record or “log” your IP Address and, sometimes, your domain name.  Our server also may record the page that linked you to us, as well as related information (including any ads on which you may have clicked).  Such information is known as “Clickstream Data.”


INTERCONNECTIVITY
If you receive emails or an RSS feed from us, we may use certain tools to capture data concerning when you open our messages, click on any links or banners they contain, and/or make any purchases as a result.
In some cases, we may link the non-personal information collected through the Tracking Technologies to some of your User Information.  WE WANT TO BE SURE THAT YOU UNDERSTAND THAT ACCEPTING TRACKING TECHNOLOGIES ONTO YOUR DEVICE IN NO WAY GIVES US ACCESS TO YOUR DEVICE OR ANY PERSONAL INFORMATION ABOUT YOU.  YOU MAY SET YOUR WEB BROWSER’S SOFTWARE TO REJECT TRACKING TECHNOLOGIES, BUT IF YOU DO, CERTAIN FUNCTIONALITY OF THE SITE MAY BE AFFECTED.  Third parties (including, but not limited to, software vendors, advertisers, and fulfillment companies) may also use Tracking Technologies through the Site.  WE HAVE NO CONTROL OVER WHAT INFORMATION SUCH THIRD PARTIES TRACK OR COLLECT, AND HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRACKING, DATA COLLECTION, OR OTHER ACTIVITIES OF SUCH THIRD PARTIES.

PERSONAL INFORMATION DEFINITION
“Personal Information” is defined for purposes of this Privacy Policy and Terms of Use as all the types of information set forth in this “Information We May Collect” section.


SECURITY OF THE INFORMATION YOU PROVIDE
Among our priorities is keeping your Personal Information secure.  We use Secure Sockets Layer (SSL) technology to encrypt all of your Personal Information before it’s transmitted to us so that it can be safeguarded as much as possible from being read or recorded as it travels over the Internet.  You can tell you’re sending information securely by the unbroken key icon, or closed lock icon, that appears at the top or bottom of your Internet browser's window.  These icons will appear when you’re placing an order on our Site.  In this regard, when accessing or reviewing your Personal Information, you’ll see our Site address change slightly, from http: to https:, indicating the use of a secure server connection.  The servers that store your Personal Information employ firewall and security technology.  We employ these procedures to protect your Personal Information from unauthorized access, destruction, use, modification, and/or disclosure.


Your Personal Information will be stored and processed on our computers in the United States.  The laws relating to holding Personal Information in the United States may vary, and be less stringent, than the corresponding laws of your state.  We’ll use commercially reasonable efforts to hold and transmit your Personal Information in a safe, confidential, and secure manner.  If you object to your User Information being transferred or used in this way, please don’t register with, or use, the Site.


ALTHOUGH WE’LL TAKE (AND REQUIRE OUR THIRD-PARTY PROVIDERS TO TAKE) REASONABLE SECURITY PRECAUTIONS TO PROTECT THE USER INFORMATION COLLECTED FROM, AND STORED ON, THE SITE, BECAUSE OF THE OPEN NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT USER INFORMATION STORED ON OUR SERVERS, TRANSMITTED TO OR FROM A USER, OR OTHERWISE PLACED IN OUR CARE WILL BE COMPLETELY PROTECTED FROM THE INTRUSION BY OTHERS, SUCH AS HACKERS.  ACCORDINGLY, WE DISCLAIM ANY LIABILITY FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS.  BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.


HOW WE USE THE INFORMATION THAT YOU PROVIDE AND WE COLLECT?
We collect Personal Information to deliver information such as new product information, generate internal marketing and promotions, perform statistical analysis of site user behavior, aid new product development, improve content, better customize the Site’s content and layout, hone our editorial approach, furnish a high level of service, and gather feedback (collectively, “Information Usage Purposes”).  In achieving these Information Usage Purposes, we may combine information we collect on the Site with information we receive from other sources. We don’t sell Personal Information, except as set forth in this Privacy Policy.  Unless otherwise described, any non Personal Information you transmit to the Site, or we collect via the Site, will be treated as non-confidential and non-proprietary.  You agree that we may use any such non Personal Information (together with any ideas, concepts, know-how, or techniques contained therein) in any manner, for any purpose, without credit or compensation to you. 


Sharing of Your Information With Our Partners; Transfer of Your Information
We may provide your Personal Information to companies acting as our authorized agents or partners, in achieving Information Usage Purposes.  We screen, and reasonably determine to be reputable, any third party to whom we disclose such information, and we require such third parties to agree to use the Personal Information only for such specified purposes.  Each of our partners must agree to implement and maintain reasonable security procedures and practices appropriate to the nature of your Personal Information to protect your Personal Information from unauthorized access, destruction, use, modification, and/or disclosure.
If we merge, or sell, or otherwise transfer our assets, Site, or operations, we may disclose or transfer your Personal Information as a part of such a transaction. 


ACCESSIBILTY
Although we cannot guarantee that all the features and functions of our Site will be fully accessible by all people with disabilities, we desire to make the Site available to all our users, including those with disabilities.  You can help.  Please email us at info@scottconant.com with the words "Disabled Access" in the subject line and provide a description of the specific feature you feel is not accessible or a suggestion for improvement.  We can't promise that we'll make the changes you suggest, but we will take your input seriously and will consider it as we evaluate ways improve our site.


Restrictions On The Use of the Materials And Contents In Our Website
This Site and all its content are copyrighted materials protected upon their creation or compilation by U.S. and international copyright laws.  All content and compilations of content are the exclusive property of the Company unless indicated otherwise.  No permission is given to use or reproduce copyrighted materials including compilations.  
You may not scrape, strip, alter or reproduce any content from this Site in any manner, form or media.  We emphasize that the Site and all of its content are copyrighted materials, protected by U.S. and international copyright laws.  Any modification or downloading of the materials or Content on our Site will violate our intellectual property rights (and, possibly, the intellectual property rights of others).


Significant penalties including but not limited to substantial monetary penalties may be assessed by a Federal court if you reproduce any content of this Site.  If you desire to reproduce content from this Site, email us at info@scottconant.com with the words “REPRODUCTION REQUEST” in the subject line and provide a description of the specific description of the content you want to reproduce.  You may not reproduce the content unless and until you receive a written statement from us indicating that the reproduction request has been approved.
The names and logos of the Company and its related companies used on this Site, examples of which are listed as below, are trademarks and/or service marks that are owned or licensed by the Company or used with permission of the owner.  By way of example, the following trademarks are owned by the Company:  CELLIAO, SCOTT CONANT and PEACE. LOVE + PASTA!.  None of the Company’s trademarks may be used by any party without express written consent of the Company. To the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners.  


Be aware that we provide access to other websites from our Site.  Please be aware that the terms of use of such other websites govern your use of those sites, including your use of share links or other posting of our content on those websites. As a result, you are fully responsible for your own use of such websites including your use of share links to link to our site and/or post its content. 


DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SITE CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY.
THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR SITE.  THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) OUR SITE OR ANY OTHER WEBSITE TO WHICH YOU HYPERLINK FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


HOW TO OPT-OUT
We’ll only send email for informational purposes unless users have indicated that they wish to receive other types of email from us or our partners.


If, at any time, you wish to stop receiving emails from us, you can always remove your name from our mailing list by sending an email to info@scottconant.com, stating that you wish to unsubscribe, and placing “NO EMAIL” in the subject line of the email.  Although we will promptly remove your name from our email list upon receiving your request, it’s possible that you may still receive emails from us that had been initiated prior to the removal of your name from our list.  If you sign up for text messages and then later decide you no longer wish to receive them about Scott’s products, promotions, or events, you may respond to any text message you receive by texting “STOP.”


If, at any time, you don’t want to receive offers and/or marketing materials from us, you can always remove yourself from our mailing list by sending an email to info@scottconant.com, placing "NO SNAIL MAIL" in the subject line, and providing your name, address, and zip code.  Please note that our mailings are prepared in advance.  Although we’ll promptly remove your name from our mailing list upon receiving your request, you may still receive mailings that were initiated prior to your name’s removal.  You can also contact us by mail:
SC IP, LLC
184 North Avenue East, 2nd Floor
Cranford, NJ 07016


The opt out rights and procedures described in this section are the default rules and procedures we use in operating the Site and are the standard by which we adhere to our Privacy Policy.


YOUR ACCOUNT ACCESS RIGHTS
You may review and make changes to the Personal Information that’s stored in your user account by visiting the “My Account” area of the Site.


RIGHTS OF USERS REGARDING INFORMATION COLLECTED BY US
You have the right to exercise your privacy rights respecting your Personal Information without any form of discriminatory treatment by us.  Additionally, if you are a resident of California, you have the right to request that we provide you with information, including Personal Information, that we collect, use or disclose, and you also have the right to request that we delete such information to the extent it is collected or maintained by us.  
We may have collected data that may be Personal Information such as your name, e-mail address, street address, billing address, shipping address, IP address, and activity on the Site, for example the times the Site was visited by you and how it was accessed.  We have collected this data from user activity on the Site, along with other forms of communication with users.  We collect this information to provide you with the ability to purchase products from the Site and to improve our ability to provide you with customer service.  We sometimes share data with third parties if it is necessary to carry out the purposes for which we collect the data, if sharing it is required by law, or if you have provided us with your consent to do so.  We do not sell any of your Personal Information to third parties. 


The Rights of Users provisions of this section of the Privacy Policy apply equally to information collected in both online and offline settings. 

 

MAKING A REQUEST REGARDING PERSONAL INFORMATION
If you are a resident of California, you may request (i) to know about Personal Information collected about you or (ii) to delete Personal Information collected about you.  Requests may be made through the webform reachable by e-mail at personalinforequest@scottconant.com.  Requests by e-mail must include:
•    Whether you have an account with us and if so, the e-mail address associated with the account;
•    Your name;
•    Whether the request is to obtain details of data collected or whether the request is to delete data;
•    Explain the details of the request; and
•    If you do not have an account with us, provide additional documentation for verification of your identity, such as a utility bill.  Based on your submitted request, we may determine that additional documentation is required to verify your identity, and in such cases we will identify what we require in our response to your request.  Any identification documentation you provide for the purposes of identity verification will be deleted and otherwise removed from our records once the verification process is completed.


Requests may be made by you as an individual or you may designate an authorized agent to make a request on your behalf. 

 

REVIEW AND RESPONSE TO REQUESTS
We will confirm receipt of a request within 10 days.  Prior to providing a substantive response, we will review the information you provided along with information we have about you in our records, if any, to verify your identity.  Once your identity is verified, we will fulfill the request to the extent we are able and permitted to by law.  Our substantive response will be within 45 days of the request, unless we notify you otherwise.  We may reach out to you by e-mail, mail or by phone.  If the request involves the deletion of data, we will, upon verifying your identity, ask you to confirm that you wish to proceed, and then, provided we are not barred from deleting the data for another reason, we will proceed to delete the data.  


INTENDED USERS; USE BY CHILDREN UNDER 13
The Site is not purposefully directed at children under the age of 13.  We don’t collect or maintain Personal Information, via the Site or otherwise, from those we know to be children under 13 years of age.  If you notify us that Personal Information has been provided by a child under the age of 13, upon verification, we’ll promptly delete such Personal Information.  If you’re under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any Personal Information to us.


THIRD-PARTY SERVERS; LINKS TO OTHER WEBSITES
We may use third-party advertising companies to serve ads when you visit our Site.  The Site also may contain links to other websites.  The privacy policies of other website operators or advertisers may significantly differ from our Privacy Policy.  We urge you to read the Privacy Policy of every website you visit and to contact the third-party website operators or advertisers directly if you have any questions or concerns about their data collection or privacy policies.  WE HAVE NO CONTROL OR INFLUENCE OVER THE PRIVACY PRACTICES OF SUCH OTHER WEBSITES AND ADVERTISERS, AND WE DON’T ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY WEBSITE OPERATORS’ OR ADVERTISERS’ DATA COLLECTION PRACTICES, THEIR FAILURE TO ABIDE BY THEIR PRIVACY POLICIES, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES.


LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE COMPANY SITE AND ANY THIRD PARTY CONTENT OR SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY’S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. 


EXCEPTION:  IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.


The Site may contain typographical errors or inaccuracies and may not be complete or current.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.  Please note that such errors, inaccuracies or omissions may relate to pricing and availability.  We apologize for any inconvenience.  


ADDITIONAL POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT
These Terms of Use and conditions and the agreement they create shall be governed by and interpreted according to the laws of the State of Arizona without applying the State's conflict-of-law principles.  You consent to the subject matter and personal jurisdiction, proper forum and proper venue of the courts of Maricopa County, Arizona and the United States District Court for the District of Arizona.  Any user of the Site expressly waives the right to jury trial of any issue.  Except as prohibited by law, any dispute shall be resolved by binding arbitration before the American Arbitration Association in Phoenix, Arizona.     


Unless otherwise specified, the materials and Content in our Site are presented to provide information about the Company and its affiliated and related Companies, our products and services, and Scott Conant.  We in no way imply that the materials on our Site are appropriate or available for use outside of the United States.  If you use our Site from locations outside of the United States, you are responsible for compliance with any applicable local laws.  In addition, you may not use or export the materials in violation of U.S. export laws and regulations.


If any provision of this Terms of Use is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.  The Company may modify these terms and conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.  This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.

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