Welcome to tiereleven.com(the “Site”), a website provided by Antares Enterprises, Inc., DBA Tier 11 (“Tier 11”). Tier 11 respects your privacy, and this policy covers Tier 11’s handling, use, and disclosure of information collected from you through the Site or other sources in the ordinary course of Tier 11’s business.

 

  1. Acceptance

You should review this policy carefully, and be sure you understand it, prior to using the Site or otherwise providing any information to Tier 11. Your use of the Site, providing any information to Tier 11, or any other indication of your assent is deemed to be acceptance by you of this policy. If you do not agree to this policy, you should not use, and should immediately terminate your use, of the Site and not otherwise provide any information to Tier 11. For purposes of this Section, accessing the Site only to review this policy is not deemed to be use of the Site.

 

  1. Information

In this policy:

(a)        “Analytical Information” means all Non-Personal Information obtained through the use of tools such as, for example, cookies (or other similar code) and server log files (including, but not limited to, (i) a computer’s access date and time, browser, connection speed, Internet protocol address, Internet service provider, language, location, manufacturer, visit details, and operating system, and (ii) whether or not you opened e-mail messages and other electronic communications from Tier 11, and if you did, the times they were opened).

(b)        “Collected Information” means all Personal Information and Non-Personal Information.

(c)        “Non-Personal Information” means all information collected by Tier 11, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Tier 11, and (iii) other sources in the ordinary course of Tier 11’s business, that is not Personal Information.

(d)        “Personal Information” means all information collected by Tier 11, whether electronically or manually, through (i) the Site, (ii) e-mail messages and other electronic communications that you may send to Tier 11, (iii) information related to goods purchased from Tier 11, including but not limited to, customer preferences; and (iv) other sources in the ordinary course of Tier 11’s business, that relates to an individual and that identifies, or can be used in conjunction with other readily-accessible information to identify, such individual (including, but not limited to, name, physical address, e-mail address, phone number, and credit card number).

 

  1. Collected Information

No Collected Information is obtained from you, unless it is voluntarily provided, except for any Collected Information obtained automatically through the Site as set forth in this policy. Regardless of the method used to obtain Collected Information, Tier 11 will retain such Collected Information in its primary and backup files only to an extent that is relevant to with the purposes for which it is provided by you, for Tier 11’s legitimate business purposes (including, but not limited to marketing). You are responsible for obtaining any approvals, authorizations, consents and permissions that are required in connection with your providing Tier 11 with any information (including, but not limited to, any information relating to a third party).

 

  1. Choice

You may refuse to provide any information to Tier 11 at any time by terminating your use of the Site, or in all other cases not involving use of the Site, by notifying Tier 11 as set forth in Section 20. If you refuse to provide any information when requested to do so by Tier 11 or the Site, you may not be able to access, or otherwise enjoy the benefits of, certain products and services from Tier 11 or features of the Site.

 

  1. Electronic Communications

Whether or not you have previously sent Tier 11 an e-mail message, you consent to Tier 11’s sending you e-mail messages and other electronic communications (a) in connection with your use of the Site, (b) in the ordinary course of business, or (c) for any other legitimate business purpose (including, but not limited to, marketing). Since Tier 11 endeavors to send e-mail messages and other electronic communications only to individuals desiring to receive them, you can unsubscribe to such e-mail messages or other electronic communications at any time by contacting Tier 11 as set forth in Section 20or by following the directions contained in such e-mail messages or other electronic communications.

 

  1. Analytical Information

When you access the Site, Tier 11 will collect Analytical Information. Your browser may provide you with the ability to not accept cookies, as well as the ability to delete already-existing cookies. If you refuse, or delete previously-existing cookies, you may not be able to enjoy some features of the Site. Analytical Information will only be used by Tier 11: (a) to record your use of the Site; (b) to diagnose problems with the Site; (c) to improve the Site and make the Site more useful to you and other users; and (d) for other legitimate business purposes of Tier 11 (including, but not limited to, marketing). Tier 11 will collect Analytical Information either directly or through third parties acting on its behalf.

 

  1. Security

Tier 11 will protect Personal Information from loss, misuse, and unauthorized access, alteration, destruction and disclosure as required by all laws applicable to Tier 11; provided, however, that, except as provided in the immediately following sentence, Tier 11 will, at a minimum, use commercially reasonable administrative and technical efforts to protect Personal Information from loss, misuse and unauthorized access, alteration, destruction and disclosure. Since no transmission of information over the Internet or electronic storage of information is completely secure, it is possible that Collected Information could be lost, misused, or accessed, altered, destroyed, or disclosed without authorization, even if Tier 11 uses such reasonable efforts. In providing information to Tier 11, you must assume the risk that Collected Information could be lost, misused, or accessed, altered, destroyed, or disclosed without authorization.

 

  1. Use and Transfer of Collected Information

All Collected Information may be used by Tier 11 for any legitimate business purpose (including, but not limited to, marketing). If Tier 11 expressly states in this policy or in another writing that any Collected Information will only be used for a specific purpose, Tier 11 will only use such Collected Information for such purpose, unless you subsequently consent to its being used for another purpose. Any Collected Information obtained by Tier 11, whether or not for a specific purpose, may be transferred to third parties designated by Tier 11 (including, but not limited to, any affiliates, distributors, sub-contractors, or vendors of Tier 11) for any purposes for which Tier 11 could use such Collected Information.

Tier 11 may also at any time, in its sole discretion, disclose and use any Collected Information (including, but not limited to, a computer’s Internet protocol addresses), whether or not you furnished such Collected Information for a specific purpose, to: (a) comply with, or as permitted by, any applicable law or government request; (b) cooperate with law enforcement, and other third parties, in investigating a claim of fraud, illegal activity or infringement of intellectual property rights; (c) protect the rights, property or legitimate business interests of Tier 11 or a third party; or (d) transfer such Collected Information to a third party acquiring all, or substantially all, of Tier 11’s assets. If Collected Information is so transferred, Tier 11 will have no responsibility for any action of the third party to whom or which such Collected Information is transferred.

 

  1. Third-Party Sites

The Site may contain links to, be hosted by, or be accessible from, websites provided by third parties (individually a “Third-Party Site”). Your use of a Third-Party Site will be subject to its terms of use and other provisions, and you are responsible for complying with such terms and other provisions. This policy does not cover the privacy policies or practices of any Third-Party Site, and Tier 11 is not responsible for any information you submit to, or otherwise collected by, any Third-Party Site. Tier 11 is only responsible for Collected Information obtained by it (a) through your authorized use of the Site or your receiving from Tier 11 any Services, or (b) from other sources in the ordinary course of its business. Tier 11 may use a third-party vendor to collect credit card information and to process payment for goods purchased from Tier 11. You should consult each Third-Party Site for its privacy policy or practice before submitting any information to, or otherwise using, such Third-Party Site.

 

  1. Access

Tier 11 does not warrant or represent that any Collected Information will be accurate or error-free. However, upon your request, Tier 11 will grant you access to your Personal Information in the possession, or under the control, of Tier 11 solely for the purpose of correcting or deleting such Personal Information that is inaccurate or has been processed in violation of this policy, except when the burden or expense of providing such access would be disproportionate to the risks to your privacy or where the rights of a third party would be violated.

 

  1. Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact Tier 11 as set forth in Section 20.

 

  1. Children

The Site is not intended for children under 13 years of age. However, if a parent or guardian of a child who is under 13 years of age discovers that Personal Information of such a child has been submitted to Tier 11 through the Site without the parent’s or guardian’s consent, Tier 11 will use commercially reasonable efforts to remove such information from the Site and Tier 11’s servers at the parent’s or guardian’s request. To request the removal of such Personal Information, the parent or guardian must contact Tier 11 as set forth in Section 20, and provide all information requested by Tier 11 to assist it in identifying the Personal Information to be removed.

 

  1. Disposition

In disposing any Personal Information, Tier 11 will use commercially reasonable measures to protect such Personal Information from unauthorized access, alteration, disclosure, or use in the future.

 

  1. Applicable Law

This policy shall be governed by, and construed and interpreted in accordance with, the laws of the state of New York, without regard to its principles of conflict of laws.

 

  1. Complaints

Any complaint by you regarding any Collected Information, or otherwise relating to this policy, must first be submitted to Tier 11 as set forth in Section 20, and Tier 11 must be given a reasonable opportunity of not less than 30 days to investigate and respond to your complaint. Upon Tier 11’s completing such investigation and so responding, Tier 11 and you must then attempt, in good faith, to promptly resolve any remaining aspects of your complaint. If any aspect of your complaint remains unresolved after an additional reasonable period of time of not less than 30 days, (a) you may commence litigation against Tier 11 in connection with the unresolved portion of your complaint only in a court located in Erie County, Pennsylvania, and having subject matter jurisdiction over your complaint, and (b) you consent to any such court’s being, and waive any objection (including, but not limited to, any such objection based on inconvenience) to such court’s not being, a proper venue for your complaint.

 

  1. Entire Agreement

Except as set forth in this Section, this policy contains the entire agreement, and supersedes all prior oral and written agreements, proposals and understandings, between you and Tier 11, with respect to Collected Information. If you use the Site or otherwise have business dealings with Tier 11, such use or dealings will be subject to this policy, plus any other written agreement between the parties that is applicable thereto. To the extent there is any conflict or inconsistency between any provision of this policy and any provision of such other agreement, the former shall control.

 

  1. Severability

Whenever possible, each provision of this policy shall be interpreted to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this policy, being prohibited or invalid.

 

  1. Revisions

Tier 11 may revise any provision of this policy from time to time by posting the revised provision on the Site. Any such revision will take effect immediately upon such posting, and will apply to all Collected Information obtained by Tier 11 after such posting. It is your responsibility to periodically check this policy on the Site for revisions to this policy. The latest version of this policy will always be the one posted on the Site.

 

  1. Expenses

Except as provided in other applicable law, you are solely responsible for all fees and disbursements of any attorney or other advisor retained by you in connection with your enforcing your rights under this policy.

  1. Contact Information

If you have any questions or complaints, desire additional information, or need to notify Tier 11 of anything regarding Tier 11’s handling of any Collected Information or otherwise relating to this policy, please promptly contact Tier 11.