Privacy

Effective Date: May 15, 2018

Teslarati has updated its privacy policy to reflect our continued commitment to the privacy of our customers and users. This privacy policy applies to this website (collectively, “Site”, “site”, “sites” and “website”), including all properties under the host teslarati.com, subdomains of teslarati.com, as well as iOS and Android apps owned and operated under the Teslarati, LLC entity.

Your usage of Teslarati services and consumption of content on this website, including transmission of information to us by email or other electronic means, is consent to this privacy policy.

 

Information Collection and Usage

The words “Site”, “site”, “sites” and “website” in the context of this privacy policy refers to all properties under the host teslarati.com, including all subdomains of teslarati.com, as well as iOS and Android apps owned and operated under the teslarati.com domain and Teslarati, LLC entity. If you leave comments anywhere on the Site, post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:

  • Downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms
  • The Content does not contain or install any viruses, worms, malware, trojan horses or other harmful or destructive content
  • The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing)
  • The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party

By submitting Content to Teslarati for inclusion on our Site, you grant Teslarati a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.

Without limiting any of those representations or warranties, Teslarati has the right (though not the obligation) to, in Teslarati’s sole discretion (i) refuse or remove any content that, in Teslarati’s reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in Teslarati’s sole discretion. Teslarati will have no obligation to provide a refund of any amounts previously paid under these circumstances.

What information do we collect?
We may collect personally identifiable information from you in a variety of ways, including through online forms for ordering products and services, and other instances where you are invited to volunteer such information, including, but not limited to, when you register on our site or through our apps, place an order for merchandise or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information.

Non-Personally Identifiable Information. When you visit the website, we collect information that may identify your location by IP address, type of internet browser and operating system that’s used, the number of visits you made to the website, a URL that you clicked on before landing on the website and other non-personally identifiable information to best understand how users navigate the website and service for the purpose of improving your overall experience.

Personally Identifiable Information. If you sign up for services, purchase merchandise, send email and/or direct message us on social media, or have other communication with Teslarati, we may retain those communications in order to process your inquiries, respond to your requests and improve our website and services. In registering for services, we need to get some information from you (ie: name, e-mail address, address, telephone number, credit card or other means of payment, etc.). When using our website, you may be asked for additional information to help identify you. All of this information used to specifically identify you is called “User Information” in this privacy policy. We only collect User Information that you provide to us or have given us permission to collect.

What do we use your information for?
When you use our website, including the Teslarati app and forum, we will use the User Information to process a specific request made by you, including the publishing of your name and email if it submitted by you and under the premise of sharing it with the public community (ie. forum comments, article comments, app check-ins). Teslarati reserves the right to send you certain communications relating to your use of our website, such as service announcements, notices about new features or other communications regarding your account, without offering you the opportunity to opt out of receiving them.

Any of the information we collect from you may be used to personalize your experience, improve our website, improve customer service, process transactions, send periodic emails.

We may also utilize User Information to provide advertisements from Teslarati or its partners directly to you (ie. newsletter) and will provide you with the opportunity to opt-out of these communications. You may receive offers through Teslarati from other businesses. These offers may require you to provide information to them if you choose to accept their offers. It is important to note that these offers are made by the businesses themselves and not by Teslarati. It is pertinent that you read the terms of service and privacy policies of these businesses before providing any information to them so that you can understand their intended uses for your information.

Teslarati may offer surveys or polls, or the like, on its website and social media. Your participation by submitting personal information is entirely voluntary. Do not submit your information or participate in these offerings if you do not consent to the submission of your personal information to Teslarati.

How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.

We offer the use of an industry-standard, secure server protocol. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway provider’s database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

It is pertinent to take note that Teslarati’s website and services are reliant on software, hardware, and the internet, which may suffer from breaches of security beyond our control and for which we are not responsible.

Payments and refunds
The Site offers products and services for sale. The Site does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however, we make no guarantees of timeliness or immediacy.

Responsibility of website visitors
By operating the Site, Teslarati does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Teslarati disclaims any responsibility for any harm resulting from the use by visitors of the Site.

Copyright infringement and DMCA policy
As Teslarati asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify Teslarati in accordance with common DMCA policies. Teslarati will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Teslarati or others, Teslarati may, in its discretion, terminate or deny access to and use of the Site. In the case of such termination, Teslarati will have no obligation to provide a refund of any amounts previously paid to Teslarati. You further agree not to change or delete any proprietary notices from materials downloaded from the site. You must also retain our copyright notice in the privacy policy you create, unless you have purchased a premium membership in which case you may remove our copyright notice from your privacy statement.

Do we use cookies?
Yes, we use cookies (which are small pieces of information that your browser stores on your computer’s hard drive) to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Third party links
Our site may contain links to third party sites. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Intellectual property
This Agreement does not transfer from Teslarati to you any Teslarati or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Teslarati. Teslarati logo, and all other trademarks, service marks, graphics and logos used in connection with Teslarati, or the Site are trademarks or registered trademarks of Teslarati or Teslarati’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any Teslarati or third-party trademarks.

Changes
Teslarati reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. Teslarati may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination
Teslarati may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. Notwithstanding the foregoing, if you have a client account, such account can only be terminated by Teslarati if you materially breach this Agreement and fail to cure such breach within 14 (fourteen) days from Teslarati’s notice to you thereof; provided that, Teslarati can terminate the Site immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of warranties
The Site is provided “as is”. Teslarati and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Teslarati nor its suppliers and licensors makes any warranty that the Site will be error free or that access thereto will be continuous or uninterrupted. You understand that it is your responsibility to ensure that the privacy policy you create is complete, accurate, and meets your companies specific privacy needs. We are not liable or responsible for any privacy policies created using our services, and we give no representations or warranties, express or implied, that the privacy policies created using our service are complete, accurate or free from errors or omissions.

Limitation of liability
In no event will Teslarati, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Teslarati under this agreement. Teslarati shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. Teslarati shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.

General representation and warranty
You represent and warrant that (i) your use of the Site will be in strict accordance with the Teslarati Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Site will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification
You agree to indemnify and hold harmless Teslarati, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, including but not limited to your violation of this Agreement.

Miscellaneous
This Agreement constitutes the entire agreement between Teslarati and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Teslarati, or by the posting by Teslarati of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site will be governed by the laws of the state of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Toronto, Ontario. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Teslarati may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changes to our terms and privacy policies
From time to time we may make adjustments to this policy. Changes will be made at our sole discretion. Site’s users are encouraged to check this policy for such changes. Your continued use of this site following changes to this policy constitutes your acceptance of the changes.

Contacting us
Any questions about this policy should be addressed to us via our contact form or email legal@teslarati.com.

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