Privacy policy.
This Privacy Policy ("Policy") applies to www.divergentwebdesign.com, and Divergent Web Design ("LLC") and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to the Company include www.divergentwebdesign.com. The Company's website is a Web build and design for neurodivergent entrepreneurs, services for sale site.
By using the Company website, you consent to the data practices described in this statement. Collection of your Personal Information In order to better provide you with products and services offered, the Company may collect personally identifiable information, such as your:
If you purchase the Company's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
The Company may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
The Company collects and uses your personal information in the following ways:
-First and last name
-Mailing address
-Email address
-Phone number
-Age
-Gender
-to operate and deliver the services you have requested
-to provide you with information, products, or services that you request from us
-to provide you with notices about your account
The Company may also use your personally identifiable information to inform you of other products or services available from the Company and its affiliates.
Sharing Information with Third Parties The Company does not sell, rent, or lease its customer lists to third parties.
The Company may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to the Company, and they are required to maintain the confidentiality of your information. The Company may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on the Company or the site; (b) protect and defend the rights or property of the Company; and/or (c) act under exigent circumstances to protect the personal safety of users of the Company, or the public.
Tracking User Behavior
The Company may keep track of the websites and pages our users visit within the Company, in order to determine what the Company services are the most popular. This data is used to deliver customized content and advertising within the Company to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
The Company may automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding the use of the Company's website.
Use of Cookies
The Company's website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize the Company's pages, or register with Company's site or services, a cookie helps the Company to recall your specific information on subsequent visits. This simplifies
the process of recording your personal information, such as billing addresses, shipping addresses,
-to carry out the Company's obligations and enforce our rights arising from any contracts entered between
-to notify you about changes to our www.divergentwebdesign.com or any products or services we offer o
-in any other way we may describe when you provide the information
-for any other purpose with your consent.
and so on. When you return to the same website, the information you previously provided can be retrieved, so you can easily use the Company's features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Company's services or websites you visit.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
The Company secures your personal information from unauthorized access, use, or disclosure. The Company uses the following methods for this purpose:
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) phttps://www.netflix.com/browserotocol. We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet that are beyond our control; and (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
- SSL Protocol
-Delete your personal information from our records; and
-Direct any service providers to delete your personal information from their records.
-Complete the transaction for which the personal information was collected, fulfill the terms of a written w
-Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute
-Debug to identify and repair errors that impair existing intended functionality;
-Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech.
Children Under Thirteen
The Company does not knowingly collect personally identifiable information from children under the age of 13. If you are under the age of 13, you must ask your parent or guardian for permission to use this website.
Email Communications
From time to time, the Company may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our services, we may receive a notification when you open an email from the Company or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from the Company, you may opt out of such communications by clicking a button in the footer of every email, then confirming they want to unsubscribe on the page that opens..
External Data Storage Sites
We may store your data on servers provided by third-party hosting vendors with whom we have contracted.
Changes to This Statement
The Company reserves the right to change this Policy from time to time. For example, when there are changes in our services, changes in our data protection practices, or changes in the law. When changes to this Policy are significant, we will inform you. You may receive a notice by sending an email to the primary email address specified in your account, by placing a prominent notice on our Divergent Web Design, and/or by updating any privacy information. Your continued use of the website and/or services available after such modifications will constitute your: (a) acknowledgment
of the modified Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
The Company welcomes your questions or comments regarding this Policy. If you believe that the Company has not adhered to this Policy, please contact the Company at:
Divergent Web Design c/o Lissy Donovan
General Delivery Blanding, Utah 84511
Email Address:
contact@divergentewebdesign.com
-Comply with the California Electronic Communications Privacy Act;
-Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that ad
-Enable solely internal uses that are reasonably aligned with your expectations based on your relationship
-Comply with an existing legal obligation; or
-Otherwise use your personal information, internally, in a lawful manner that is compatible with the contex
Phone Number:
4158588858
Effective as of November 16, 2024.
Terms &
Conditions
Agreement between User and www.divergentwebdesign.com
Welcome to www.divergentwebdesign.com. The www.divergentwebdesign.com website (the "Site") is comprised of various web pages operated by Divergent Web Design. www.divergentwebdesign.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.divergentwebdesign.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.divergentwebdesign.com is an E-Commerce Site. We sell web design and build services to neurodivergent entrepreneurs
Privacy
Your use of www.divergentwebdesign.com is subject to Divergent Web Design's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.divergentwebdesign.com or sending emails to Divergent Web Design constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Divergent Web Design does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use
www.divergentwebdesign.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Any monthly subscriptions may be cancelled at any time, with 30 days written notice. No refunds will be given for work that has been completed. No refunds will be given for deposits that hold your spot in the design calendar if the client fails to turn in required assests on the date agreed to in the client contract.
Links to Third Party Sites/Third Party Services
www.divergentwebdesign.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Divergent Web Design and Divergent Web Design is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Divergent Web Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Divergent Web Design of the site or any association with its operators.
Certain services made available via www.divergentwebdesign.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.divergentwebdesign.com domain, you hereby acknowledge and consent that Divergent Web Design may share such information and data with any third party with whom Divergent Web Design has a contractual relationship to provide the requested product, service or functionality on behalf of www.divergentwebdesign.com users and customers. No Unlawful or Prohibited Use/
Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.divergentwebdesign.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Divergent Web Design that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Divergent Web Design or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Divergent Web Design content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Divergent Web Design and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Divergent Web Design or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by Divergent Web Design from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Divergent Web Design Content accessed through www.divergentwebdesign.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Divergent Web Design, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Divergent Web Design reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Divergent Web Design in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Divergent Web Design agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DIVERGENT WEB DESIGN AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DIVERGENT WEB DESIGN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
DIVERGENT WEB DESIGN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DIVERGENT WEB DESIGN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF DIVERGENT WEB DESIGN OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Divergent Web Design reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Divergent Web Design as a result of this agreement or use of the Site. Divergent Web Design's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Divergent Web Design's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Divergent Web Design with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Divergent Web Design with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Divergent Web Design with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Divergent Web Design reserves the right, in its sole discretion, to change the Terms under which www.divergentwebdesign.com is offered. The most current version of the Terms will supersede all previous versions. Divergent Web Design encourages you to periodically review the Terms to stay informed of our updates.
These legal terms were updated on November 17th, 2024.
Contact Us
Divergent Web Design welcomes your questions or comments regarding the Terms:
Divergent Web Design
General Delivery c/o Lissy Donovan
Blanding, Utah 84511
Email Address:
contact@divergentwebdesign.com
Telephone number:
4158588858
Effective as of November 16, 2024