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Privacy & Policy
Privacy Policy
Last updated: 2021-02-22 19:16:50
We value your privacy very highly. Please read this Privacy Policy carefully before using the https://GiddyupGenie.com Website (the "Website") operated by Giddyup Genie LLC, a(n) Limited Liability Company formed in Arizona, United States ("us," "we," "our") as this Privacy Policy contains important information regarding your privacy and how we may use the information we collect about you.
Your access to and use of the Website is conditional upon your acceptance of and compliance with this Privacy Policy. This Privacy Policy applies to everyone, including, but not limited to: visitors, users, and others, who wish to access or use the Website.
By accessing or using the Website, you agree to be bound by this Privacy Policy. If you disagree with any part of the Privacy Policy, then you do not have our permission to access or use the Website.
What information we collect, where we get this information, and how we use this information
We collect any and all information that you enter on this Website. We collect the following information about you:
| Category of information | Specific piece of information | Where we get this information | How we use this information |
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| Identifying information | Name |
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| Identifying information | Postal / Shipping address |
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| Identifying information | Billing address |
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| Identifying information | Phone number |
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| Identifying information | IP address |
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| Identifying information | Email address |
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| Identifying information | DBA |
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| Financial information | Card expiration date |
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| Financial information | Credit card or debit card number |
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| Financial information | Card CVV (security code) |
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| Internet or other electronic activity | Browsing history |
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| Internet or other electronic activity | Information regarding your interaction with our website or application |
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| Internet or other electronic activity | Information regarding your interactions with advertisements |
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| Geolocation information | Geolocation information |
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With whom we share your information
We do not share your personal information with any third parties.
Sale of your information
We do not sell your personal information. Nevada residents - if you would like to opt out of future sales, please contact us at joe@giddyupgenie.com.
We do not sell your personal information.
Cookies
A cookie is a small piece of data sent from a website and stored on your computer by your web browser. The file is added once you agree to store cookies on your computer or device, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow sites to respond to you as an individual. The Website can also tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.
This Website collects cookies and may use cookies for reasons including, but not limited to:
- Analyze our web traffic using an analytics package;
- Identify if you are signed in to the Website;
- Test content on the Website;
- Store information about your preferences;
- Recognize when you return to the Website.
Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can accept or decline cookies. Most web browsers automatically accept cookies, but you can modify your browser setting to decline cookies if you prefer. This setting may prevent you from taking full advantage of the Website.
Children's privacy
This Website is intended for use by a general audience and does not offer services to children. Should a child whom we know to be under 18 send personal information to us, we will use that information only to respond to that child to inform him or her that they cannot use this Website. We do not sell the personal information of minors under the age of 16.
Analytics programs
This Website uses Google Analytics to collect information about you and your behaviors. If you would like to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout/.
Your rights
Depending upon where you reside, you may have the following rights with regard to your personal information.
| Right | Applies To |
|---|---|
| The right to access your information. | Residents of California only |
| The right to know whether your personal information is sold or disclosed and to whom. | Residents of California only |
| The right to say no to the sale of your personal information. | Residents of California and Nevada only |
| The right to request that we delete all or some of the personal information that we have collected on you. | Residents of California only |
| The right to equal service and price, even if you exercise your privacy rights. | Residents of California only |
Exercising your rights
Residents of California may exercise the rights specified above by submitting a consumer request via:
- Email - joe@giddyupgenie.com;
- Webpage - https://giddyupgenie.com/contact.
We will need to verify your identity prior to effectuating your request. To verify your identity, you will need to provide us with the following information with your request:
- Name;
- Postal / Shipping address;
- Billing address;
- Phone number;
- Email address;
- physical address, telephone number, email, copy state issued ID.
Please note that we may be unable to process your request if you do not provide us with the above information.
You may also designate an authorized agent to exercise your rights on your behalf. You may designate an agent via any of the ways used to submit your request. We will request the agent to verify that he or she has the authority to submit requests on your behalf. We will do so by asking the agent to submit the following information:
- Valid power of attorney.
Please note that we may not be able to process your request if your designated agent and/or you do not provide us with the above information.
We will respond to most consumer requests within 45 days days of receipt. However, some requests may take longer. We will notify you in writing if we need more time to respond (up to 90 days). Any disclosures that we make in response to your request will cover the 12 months prior to your request.
We have the ability to deny your request(s) if certain exceptions in the law apply. If we do deny your request, we will provide you with the reasons for such denial. Normally, we do not charge a fee to process or respond to consumer requests. However, we may charge a fee if the request is excessive, repetitive or manifestly unfounded.
Do Not Track
Do Not Track is a preference you can set on your browser to inform websites that you do not want to be tracked. We do not support Do Not Track ("DNT"). You can either enable or disable Do Not Track by visiting the Preferences or Settings page of your browser.
Changes to Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will notify you of any changes to this Privacy Policy by posting the updated Privacy Policy to this website or application.
Questions
If you have any questions about this Privacy Policy, please contact us at joe@giddyupgenie.com.
Terms of Services
Terms of Service
Last updated: 2021-02-03 12:52:18
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the https://GiddyupGenie.com Website (the "Website") operated by Giddyup Genie LLC, a(n) Limited Liability Company formed in Arizona, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
Our offers and pricing
We offer services and digital products on this Website. The price of these services and digital products can be found listed on the Website. This price does not include taxes or other fees that you may be charged.
Purchases
When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, check, MasterCard, Visa, and Discover.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
Cancellation policy
We offer cancellations on purchases made of the services and digital products offered on our Website. We offer cancellations only Prior to 30-Days. You may cancel your order via the Website. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.
We reserve the right to cancel your purchase for any reason, in our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will provide you with 30 days notice prior to cancelling your order.
We will not be able to issue you a refund of the purchase price that you paid if we cancel your purchase.
Refund policy
We offer refunds on purchases made of the services and digital products offered on our Website. To qualify for a refund, you must submit your request to us within 30 days of your purchase date via the Website.
We offer refunds on any purchases made of the services and digital products offered on our Website for any reason.
NO WARRANTY ON PURCHASES
THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Remedies
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be reject the goods, services or digital products. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
Subscriptions
This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is one month.
WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE.
YOU MUST MAKE A MINIMUM PURCHASE TO QUALIFY FOR THE SUBSCRIPTION. THE MINIMUM PURCHASE REQUIRED IS AS FOLLOWS: ONE MONTH OF GIDDYUP SOCIAL OR TEXT SERVICES.
AUTOMATIC RENEWALS OF SUBSCRIPTIONS
WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY MONTH. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.
YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA THE FOLLOWING MEANS:
- PHONE NUMBER - 520-499-0986;
- EMAIL - JOE@GIDDYUPGENIE.COM;
- THROUGH THE WEBSITE.
PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.
YOU MUST PROVIDE US WITH 30 DAYS NOTICE PRIOR TO YOUR AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.
Prohibited uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Giddyup Genie LLC or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
NO WARRANTY ON WEBSITE
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
DAMAGES AND LIMITATION OF LIABILITY
IN NO EVENT SHALL GIDDYUP GENIE LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF GIDDYUP GENIE LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF GIDDYUP GENIE LLC. THE AGGREGATE LIABILITY OF GIDDYUP GENIE LLC. ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY GIDDYUP GENIE LLC BY YOU.
Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2009 - 2021 Giddyup Genie LLC or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Giddyup Genie LLC and are either registered trademarks, trademarks or otherwise protected intellectual property of Giddyup Genie LLC or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Joe Arnett at joe@giddyupgenie.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Giddyup Genie LLC
Joe Arnett
joe@giddyupgenie.com
5204990986
5263 N Pontatoc Rd. Tucson, AZ 85718
UNITED STATES
Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of the state of Arizona, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Pima County, Arizona.
YOU AND GIDDYUP GENIE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.
Questions
If you have any questions about our Terms of Service, please contact us at joe@giddyupgenie.com.