Terms, Conditions, Policies, and Disclosures

Last updated on 2023-09-16.

Disclosures and Notices

Americans With Disabilities Act

The Company is committed to ensuring accessibility to this Site for all individuals, including those with disabilities. We strive to make our Site accessible in accordance with the American Disability Act (ADA) and other relevant accessibility standards. If the User encounters any accessibility barriers or has difficulty accessing the Services, please contact the Company employing the information at the bottom of this webpage, and reasonable efforts will be taken to address and accommodate the User’s needs.

California Consumer Privacy Act

The Company is committed to complying with the California Consumer Privacy Act (CCPA) concerning the collection, use, and disclosure of personal information of California residents. The Company is committed to ensuring that all personal information is handled in compliance with the CCPA and the rights it grants to California Users.

Under the CCPA, California Users have the right to:

• request access to their personal information collected by the Company;
• request deletion of their personal information;
• opt-out of the sale of their personal information; and
• not be discriminated against for exercising their CCPA rights.

If the User wishes to exercise these rights or for more information about the Company’s efforts to comply with the CCPA, please contact the Company employing the information at the bottom of this webpage.

For further details regarding how the Company collects, uses, and discloses personal information, please refer hereto.

New York Stop Hacks and Improve Electronic Data Security Act

The Company is committed to complying with the New York Stop Hacks and Improve Electronic Data Security (SHIELD) Act to safeguard the security, confidentiality, and integrity of personal information of New York Users. The Company implements and maintains reasonable safeguards to protect the security of such information, as outlined in the SHIELD Act. These safeguards consist of administrative, technical, and physical safeguards.

General Data Protection Regulation (GDPR)

In furtherance of and efficacy of its operations, the Company engages third-party service providers to facilitate data processing activities in support of the Company and the provision of the Company’s Services. These Subprocessors, in conjunction with the Company, may engage in the processing, storage, or other access to the User’s data–all with the objective of enhancing and/or supporting the Services.

In preparation for the engagement of any Subprocessor, the Company undertakes a comprehensive due diligence process pertaining to the Subprocessor's privacy, information security, and data protection practices. Access granted to Subprocessors is strictly limited to the extent necessary for the maintenance and provision of the Services for the User.

The ensuing list identifies the Subprocessors engaged by the Company, specifies the category of tasks or services they may provide, and denotes the location where these subprocessing activities transpire. However, this list is not exhaustive:

Subprocessors

• Amazon Web Services, Inc.; DE, IE, US; computing; databases; networking; storage
• airSlate, Inc.; EU, US; automation; document generation; eSignatures
• Google, LLC; US; analytics; computing; databases; networking; storage
• SignRequest, B.V.; NL, US; blockchain; eSignatures
• Stripe, Inc.; IE, US; fraud detection; identity verification; payment processing

This disclosure serves to inform the User of the Subprocessors utilized by the Company, emphasizing our commitment to data security, privacy, and regulatory compliance in accordance with relevant legal obligations.

Copyright and Licenses

Copyright Notice

All rights reserved. Copyright © 2023 Collision Consumer Advocates.

Open Source Licenses and Other Attributions

• Font “Inter”: The Inter typeface is licensed under the SIL Open Font License (https://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL)
• Font “Syne”: The Syne typeface is licensed under the SIL Open Font License (https://scripts.sil.org/cms/scripts/page.php?site_id=nrsi&id=OFL).
• Icons: Various icons used throughout the Site are licensed under the Apache License (https://www.apache.org/licenses/LICENSE-2.0.txt).
• Illustrations: All cartoon-like illustrations used throughout the Site are created and published by Storyset and licensed for personal and commercial use with attribution (https://storyset.com/people).

The User is encouraged to review the terms and conditions of these open-source licenses to understand their rights and obligations when using our Services.

Copyright Ownership

The copyright in this Site and its materials, including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other Content, is owned by the Company.

Protection and Enforcement of Copyrights

The Company takes the protection of its copyright very seriously. If the Company discovers that the User has used the Company's copyrighted materials in violation of the terms herein, the Company may initiate legal proceedings seeking monetary damages and an injunction restraining further infringing activities. Such legal actions may also require the User to reimburse the Company's legal costs. If the User encounters any content or activities that appear to infringe the Company's copyright, please promptly notify the Company employing the information at the end of this webpage.

Rights Granted and Limitations

While this Site can be accessed, the underlying intellectual property rights remain with the Company. Except as expressly permitted herein or by law, all other rights in the Content are expressly reserved by the Company. Without the Company's prior written consent, the User may not:

• Alter, modify, reproduce, republish, post, translate, transmit, distribute, sublicense, create derivative works from, sell, rent, or otherwise use the Content;
• Expose any of the Content to the public, broadcast, or redistribute it; or
• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods or through automated means.

The Company grants the User a worldwide, non-exclusive, royalty-free, revocable license to:

• View this Site and the material on this Site on a computer or mobile device via a web browser;
• Copy and store this website and the material on this website in a web browser’s cache memory; and
• Print pages from this Site for personal and non-commercial use.

No other rights granted; all other rights remain reserved.

Data Mining and Parsing

Automated data mining, scraping, or similar data gathering and extraction tools or methods are strictly prohibited unless explicitly authorized by the Company.

Permissions

Any use of the Company's copyrighted materials not falling within the exceptions herein requires express written consent from the Company. To request permissions or obtain further information, please contact the Company employing the information at the end of this webpage.

Digital Millennium Copyright Act (DMCA)

The Company respects the intellectual property rights of others and is committed to complying with the Digital Millennium Copyright Act (DMCA) of 1998. If the User or an individual believes that their copyrighted work has been used in a way that constitutes copyright infringement or their intellectual property rights have otherwise been violated, please provide a written communication with details of the alleged infringement to our designated DMCA agent. The Company’s designated DMCA agent’s contact information can be found at the end of this webpage. Upon receipt of a valid DMCA notice, the Company will take prompt action in accordance with the DMCA. Please note that any misrepresentation in a DMCA notice may result in legal consequences.

Privacy Policy

This Site collects Personal Data from its Users.

Owner and Data Controller

The owner and data controller is: quod vide "Registered Office and Correspondence Address" at the end of this webpage.

Forms of Data Collected‍

This Site collects the following forms of personal data:

• Cookies;
• Usage Data;
• Personal Information: This encompasses an extensive array of data such as names, aliases, residential and business addresses, real estate holdings, account identifiers, insurance account details, particulars regarding insurance policies, dates of birth, and information concerning spouses, among other things.

For complete details on each type of Personal Data collected, please refer to the dedicated sections of this privacy policy or specific explanation texts displayed before Data collection.

Providing Data

Unless otherwise specified, all data requested by the Company and the Site is essential. Failure to provide this data may result in the Company being unable to provide its Services. Where this Site states that some data is not mandatory, the User is free not to provide it without affecting the availability or functioning of the Service.

Where the User is uncertain about whether or not certain data is mandatory can contact the Company employing the information at the end of this webpage.

Data Processing Methods

The Company implements appropriate security measures to prevent unauthorized access, disclosure, modification, or destruction of the data. Data processing occurs using computers and/or IT tools following organizational procedures and modes strictly related to the purposes indicated. Certain individuals may have access to the data (administration, sales, marketing, legal, system administration) or third-parties (outside technical service providers, mail carriers, hosting providers, IT companies, communications agencies) who may be appointed as Subprocessors if necessary.

Legal Basis for Processing

The Company may process personal data if one of the following applies:

• The User has given their consent—explicitly or by implication;
• Processing is necessary for the performance of an agreement or contract with the User;
• Processing is necessary for compliance with a legal obligation;
• Processing is related to a task carried out in the public interest or in the exercise of official authority; or
• Processing is necessary for the legitimate interests pursued by the Company or a third party.

The Company can provide specific information about the legal basis for processing upon request.

Place of Processing‍

Data processing occurs at the Company’s operating offices and in other places where parties involved in the processing are located. Data transfers may involve transferring data to a country or between countries other than the User's own. The User can learn more about these processes by reviewing the relevant sections herein.

Data Retention‍

Personal data shall be processed and stored for as long as required for the purpose they have been collected for, as determined by governing law or service contracts with Subprocessors. After the retention period expires, personal data may be deleted.

Purpose of Processing

This Website engages in data collection to facilitate the provision of its services, serving the following overarching objectives:

• Analytics: Data is collected to perform web analytics, enabling the assessment and analysis of User interactions with the Site. This encompasses the monitoring of traffic, user behavior, and other relevant metrics to enhance user experience and optimize service delivery.
• User Database Management: Personal data is gathered to establish and maintain a User database. This includes information such as names, contact details, and User preferences. The purpose is to facilitate effective user management, streamline interactions, and customize services based on individual user profiles.
• Communication and Mediums Thereof: Data collection extends to managing contact information, including email addresses and phone numbers. This is employed for communication purposes, enabling the Site to send messages and updates to the User as necessary, such as notifications, newsletters, or service-related announcements.
• Displaying Content from External Platforms: The Site may integrate Content from external platforms, which may entail collecting data related to this Content. This data assists in presenting external content seamlessly within the Site’s framework, ensuring a cohesive User experience.

In summary, the data collection serves these multifaceted purposes, encompassing analytics, User management, communication, and content integration, all aimed at enhancing the functionality and utility of the Site’s Services for the User.

The User’s Data Rights

The User has certain rights regarding their data processed by the Company. These include the right to withdraw consent, object to processing, access, verify and seek rectification, restrict processing, have data deleted or transferred, and lodge a complaint.

Do Not Track Requests and Supplemental Data

This Site may use personal data for legal purposes and may be required to reveal it upon request of public authorities. System logs and maintenance may collect additional data. The User can enquire about further details concerning data collection and processing. This Site does not support “Do Not Track” requests.

Amendments

The Company reserves the right to make changes to this Privacy Policy at any time. The User is encouraged to check this webpage often for Amendments.

Terms and Conditions

Definitions

For the purposes of the terms, conditions, policies, notices, and disclosures set forth herein, the following items are defined as follows:

• “Agreement” is the content set herein.
• “Cookies” are small sets of data stored in the User's device.
• “Company” is Collision Consumer Advocates LLC, a registered limited liability company incorporated in the State of North Carolina, doing business as: “Collision Consumer Advocates”; “CCA”; or “Evalurite”.
• “Content“ refers to all materials on the Site, including text, software, designs, graphics, and other creative elements.
• “Device” refers to any electronic equipment or device with the capability to access the Service. This includes, but is not limited to, personal computers, mobile phones, and digital tablets. In essence, it encompasses a broad range of electronic tools that can connect to and utilize the Service.
• “Service” encompasses the various offerings, features, and functionalities provided within the Site or platforms accessible to the User. These Services may include but are not limited to access to Content, tools, resources, communication features, and any other functionalities or assistance offered by the Site to enhance the User’s experience.
• “Site” refers to the online platform or digital presence made available by the Company via the IIoT/IoT to the User. It encompasses the entire web-based environment, including webpages, Content, features, and functionalities that the User can access and interact with using Devices. The Site is accessible via: https://collisionconsumeradvocates.com or https://evalurite.com.
• "Subprocessor" is a third-party service provider engaged by the Company, responsible for facilitating data processing activities, including but not limited to, processing, storage, or other forms of access to the User’s data, with the aim of enhancing and/or supporting the Company’s Services.
• “Terms and Conditions” and “Terms”, which are used synonymously throughout this Agreement, is the content set herein.
• "User" is you. This term encompasses the individual user accessing or availing of the Service. If the Service is being accessed or utilized by a business, corporation, partnership, or any other body or entity, then this term shall represent such body and entity along with the individual accessing the Site or providing access to the body or entity.

Acknowledgment and Acceptance

This agreement, including the Terms and Conditions herein, establishes the governing provisions pertaining to the use of this Service and constitutes the binding contract between the User and the Company. These Terms and Conditions explicitly delineate the rights, duties, and obligations of all individuals and entities in connection with the utilization of the Service.

The User's privilege to access and avail of the Company's services hinges upon the User's unequivocal assent to, and strict adherence to, these Terms and Conditions. It is imperative to note that these stipulations are binding upon all visitors, Users, and any other parties who seek to access or benefit from the Service.

By electing to access or employ the Service, the User is expressing his/her/their consent to be legally bound by these Terms and Conditions. Should the User object to any clause or provision contained herein, they are advised, in no uncertain terms, to desist from accessing and utilizing the Service.

The User hereby warrants that they have surpassed the age of majority, defined herein as eighteen years. It is the Company's firm policy to prohibit individuals below the age of eighteen years from accessing the Service.

In addition, the User's entitlement to access and benefit from the Service is contingent upon their acknowledgment of, and compliance with, the Company's Privacy Policy. This Privacy Policy elucidates the Company's methodologies concerning the collection, management, and dissemination of the User's personal data during their engagement with the Service or Site. It is incumbent upon the User to be apprised of his/her/their rights with respect to privacy, as well as the safeguards the law affords them in this regard. Prior to availing of the Service, the User is exhorted to meticulously review these Terms.

Headings

The headings, order, structure, and numbering of the paragraphs of these Terms and Conditions are for convenience only and do not in any way limit the Terms herein.

No Agency

Neither the User nor any heirs or successors shall be deemed the agent, servant, or employee of the Company for any reason or purpose unless a valid, signed, and notarized written contract or agreement exists between the User and the Company.

Termination of Access or Usage

The Company reserves the right, at its sole discretion, to terminate or suspend the User's access to our Services forthwith, without any prior notification or obligation to provide justification, particularly if there exists a violation of these Terms and Conditions on the User's part.

Subsequent to such termination, the User's entitlement to utilize the Service shall be revoked instantaneously.

Data Collection and Usage

General Business Activities: Personal data is utilized for product and service provision, financial operations, investor management, compliance, marketing, risk management, legal obligations, and related activities. Data collected includes: contact details; professional information; financial details, investor relations, and relevant multimedia content.

• Client Assistance: The Company processes data for machine/equipment operations, customer support, monitoring, training, and service optimization. This includes the User’s identification, multimedia content, and machine operation data.
• Digital Operations: For digital services and Site management, the Company gathers data for access control, Users interaction monitoring, communication, and service optimization, encompassing login credentials, usage patterns, device details, and related metrics.
• Product Enhancement: Data is also instrumental for refining the Company's product offerings and services.
• Web Trackers: The Company's platforms employ cookies and tracking mechanisms.
• Specialized Services: For services like IIoT/IoT, the Company might process personal data as a data processor on behalf of clients, making them the data controller responsible for legal compliance.

Derelication

In the event, the User decides to breach the Terms in part or in whole, or is persuaded to breach the Terms by any third-party, the Company reserves all of its rights herein.

External Links

Within the confines of the Company's Services, there might exist hyperlinks leading to websites or services operated by third parties, which remain beyond the purview and governance of the Company.

The Company neither exerts dominion over nor assumes any fiduciary duty regarding the content, privacy statutes, or operational practices of such third-party websites or services. By utilizing the Company's Services, the User explicitly recognize and concur that the Company shall not be held accountable, whether directly or consequentially, for any detriment or liability arising from, or purported to arise from, the User's interaction with, or dependence upon, the content, products, or services housed within or dispensed through these third-party platforms.

For the protection of the Users' interests, the Company earnestly recommends that the User meticulously peruse these Terms and privacy protocols associated with any third-party websites or services the User might elect to visit.

Data Sharing and International Transfers

The Company accesses Personal Data as needed for outlined purposes. When apt, data might be shared with external consultants, financial institutions, regulatory bodies, or third-party service providers. Data may be stored or processed in any nation where the Company operates, ensuring adequate protective measures, especially for transfers outside the European Union (EU) and European Economic Area (EEA).

Legal Grounds and Data Retention

Primarily, data processing hinges on contractual obligations or the Company's legitimate interests. The Company retains data as mandated by its policies or as necessitated legally, adhering to the longer duration.

Security Protocols

The Company's commitment is to protect Personal Data using contemporary technical and organizational strategies, constantly assessing the risk-profile and potential impact of its processing activities.

Guarantees and Warranties

The Service is offered to the User on an "AS-IS" and "AS-AVAILABLE" basis, inclusive of any and all faults, defects, and imperfections. To the fullest extent permissible under relevant law, the Company, inclusive of its Affiliates, respective licensors, and service providers, unequivocally disclaims all warranties, be they express, implied, statutory, or otherwise. This includes, but is not limited to, implied warranties of merchantability, appropriateness for a specific use or purpose, clear title, and non-infringement, along with warranties arising from the course of dealing, course of performance, or trade usage. The Company offers no assurances and declines any and all claims that the Service will align with the User's expectations, produce any anticipated outcomes, maintain compatibility or functionality with any external software, applications, or services, operate in an uninterrupted manner, adhere to any reliability or performance criteria, be devoid of errors, or that such errors or defects will be rectified.

In furtherance of the aforementioned, neither the Company nor any entity associated with the Company's operations provides any expressed or implied representation or warranty with respect to:

• The functional operation or availability of the Service, inclusive of its content, information, materials, or associated products;
• The continuous, error-free operation of the Service;
• The precision, dependability, or up-to-date nature of any data or content available through the Service; or
• The Service's immunity, its servers, content, or any communication emanating from or on behalf of the Company, from viruses, scripts, trojan horses, worms, malware, time bombs, or other potentially detrimental elements.

It is to be noted that certain jurisdictions do not sanction the omission of specific warranty types or place restrictions on the statutory entitlements of consumers. Consequently, not all aforementioned disclaimers, restrictions, or exclusions might pertain to the User. In instances where legal limitations exist, the disclaimers, restrictions, and exclusions detailed in this clause shall be executed to the maximum extent permissible by pertinent law.

Governing Law and Venue

These Terms and Conditions, as well as any disputes or claims arising out of or in connection with the User's use of the Service, shall be governed by and construed in accordance with the laws of North Carolina, expressly excluding its principles of conflicts of laws. Additionally, the User may be subject to applicable local, state, national, or international statutes and regulations in connection with the User's use of the Company's Services or Site.

Permanence

These Terms shall be binding upon the parties, their heirs, transferees, successors, and assignees.

Alterations To Terms

These Terms may not be subject to oral alterations and may exclusively be amended through a written agreement duly signed by both contracting parties.

Dispute Resolution

Should a dispute, disagreement, or claim arise between the User and the Company ("Parties") in connection with, or related to, the Service, the User hereby commits to initiating a dialogue with the Company in good faith in an effort to seek an amicable resolution. Before initiating any formal legal proceedings, the User agrees to contact the Company directly and provide a detailed description of their concerns or grievances. The Company shall make reasonable efforts to address and resolve such concerns in a timely and constructive manner. If the Parties are unable to reach a mutual agreement within a reasonable period from the date of initial notification, either Party may then proceed to seek alternative legal remedies as they deem appropriate.

Severability and No Waiver

Should any provision within these Terms be adjudged void or unenforceable by a court of competent jurisdiction or under prevailing legal standards, such provision shall be amended in a manner consistent with the original intent of the provision, to the extent permissible under the governing law. The validity and enforceability of the remaining provisions shall remain unaffected and in full force.

The failure or delay by either party to exercise any right, power, or privilege under these Terms shall not operate as a waiver thereof. Furthermore, any single or partial exercise of any right, power, or privilege shall not preclude further exercises thereof or the exercise of any other right, power, or privilege. No waiver of any breach shall be construed as a waiver of any subsequent breaches.

Origin and Translation

While these Terms and Conditions may be made available in multiple languages for the User's convenience, in the event of any inconsistency or conflict, the English version shall prevail and be controlling.

Amendments

The Company, at its sole discretion, maintains the right to modify or update these Terms. Should changes be deemed significant, the Company will make a reasonable attempt to provide a minimum of thirty days' notice before the new Terms are implemented. The determination of the materiality of changes rests solely with the Company.

The User's continued utilization of the Company's Service post any modifications signifies the User's assent to be bound by the amended Terms. Should the User disagree with the revised Terms, either in entirety or in part, the User is highly advised to discontinue the use of the Company's Site.

Inquiries and Rights

For clarifications, access to, or modification of personal data, or to unsubscribe from promotional communications, Users can reach out employing the information below. Users might also have rights to approach a data regulatory body concerning access to their data.

For further information, please contact the Company employing the information below.

Registered Office and Correspondence Address‍

Collision Consumer Advocates
Information Technology
8936 N Pointe Executive Park Dr Ste 240
Huntersville, NC  28078-4810