ABOUT MERCHANT APPLAUSE
Merchant Applause is owned and operated by Dirigo Design & Development, Inc. of Portland, Maine. We are a well respected niche digital marketing agency offering strategic planning, brand management, design and developing services, direct response e-commerce, e-mail marketing, paid advertising, social media management, web best practices, and online reputation services. We power customer conversations across thousands of products on websites the world over. Our Applause service was born out of a desire to make our customers some of the best places on the web to do business.
We help merchants to manage their online reputation. If you have received an email from Merchant Applause it is because you have recently done business with a merchant who has subscribed to our service. We solicit both positive and negative feedback on behalf of the merchant and seek improve customer satisfaction. We help customers by advocating for positive change and by getting their concerns to person in charge. We’re genuinely interested in all types of feedback.
Please read these Terms carefully. You understand that these Terms govern your use of the website. By using the website, you signify your assent to these Terms. If you do not agree to all these Terms, do not use this website.
WHO MAY USE THE WEBSITE
The website is only for persons able to form legally binding contracts under applicable law. Without limiting the foregoing, minors, meaning those individuals under 18 years of age, are not eligible to use the website. We do not knowingly collect personal information from or about minors through the website, and we ask that minors not submit any personal information to us.
The material contained on the website is intended for residents of the United States of America only and shall only be construed and evaluated according to United States law. This material is void outside the United States of America, and where prohibited by law or regulation. Do not proceed to view the website if you are not a legal resident of the United States of America. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The website does not accept paid endorsements of products or display banner advertising of any kind.
You agree not to use the website our service(s) to:
- (a) violate or encourage the violation of any local, state, national, or international law;
- (b) stalk, harass, or harm another individual;
- (c) collect or store personal data about other users of our website;
- (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- (e) interfere with or disrupt the website, or services or networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website;
- (f) send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined in our sole discretion;
- (g) send any message that infringes or violates the rights of any third party; or
- (h) distribute viruses or other harmful computer code.
In addition, without our written consent, you may not:
- (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the website, use of the website, or access to the website;
- (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
- (iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the website or monitor or copy our web pages or the content contained thereon;
- (iv) deep link to the website for any purpose; or
- (v) frame the website, place pop-up windows over its pages, or otherwise affect the display of its pages.
PRIVACY & INFORMATION COLLECTED
In order to make your visits to Merchant Applause as responsive as possible, we collect information when you visit us. To help ensure an enjoyable online experience for all of our visitors, we provide this summary of what information Merchant Applause (the “website”) collects online, and how we use that information.
Merchant Applause collects personally identifiable information from you only when you voluntarily provide us with this information. For each visitor to our website, our server records:
- The URL of the page that referred the request to the current page using an <a> tag
- HTTP headers sent by the client
- Meta base path
- File requested
- First party cookie information
- The browser that sent the request–usually browser type
- The browser version
- If cookies are enabled
- Screen resolution (height, width, color depth, pixel depth)
- Secure Sockets Layer information
- The server address on which the request came from
- The query information stored in the string following the question mark (?) in the HTTP request
- The IP address of the remote host making the request
- The name of the host making the request
- The method used to make the request
- Navigational information about where visitors go on our website
- Any personal information submitted as part of a form request
Our server does not recognize visitors' e-mail addresses and cannot personally identify anyone unless personal information is given. We do set cookies. Cookies refer to unique packets of information that a server can transfer to a visitor's computer.
Site visitors may be asked to give other information, such as a mailing address or a phone number in order to receive some of our services. Visitors may be asked to volunteer such additional information.
We may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our website, the website or the public.
If Merchant Applause were ever merged with, acquired by or acquires another business entity, some or all of the personal information collected about you could be shared with this entity, as well as retained by Merchant Applause. Other than acquisition or sale, Merchant Applause does not sell or rent your email address or any other information to unrelated third parties. The information we collect is used to improve the content of our website.
THIRD PARTY COOKIES
Merchant Applause may use third parties to assist us with this website. Some examples of the assistance that may be provided by third party service providers are: fulfilling review requests, monitoring site activity, providing fraud prevention services, conducting surveys, administering and sending mobile messages, and administering emails.
This Web site uses Google Analytics (GA). GA is a free service offered by Google that generates detailed statistics about the visitors to a website. GA can track visitors from all referrers, including search engines, display advertising, pay-per-click networks, e-mail marketing and digital collateral such as links within PDF documents. Many ad filtering programs and extensions (such as Firefox's Adblock and NoScript) can block the GA tracking code.
FACEBOOK AND GOOGLE+
If you click the Facebook "Like" button on a Merchant Applause Webpage [this requires you to be logged-in to Facebook or will prompt you to log-in], you are making a connection to Facebook. This connection creates a Cookie with a unique user ID that allows Facebook to track your movements on the Internet. The Facebook cookie is not only sent when a member wants to log on to Facebook, it is also sent every single time a Web site which includes the 'Like' button is visited. Data about the user is sent to Facebook regardless of whether the Like button is actually activated.
Information in your Facebook profile may be accessed and collected by Merchant Applause if you chose to allow us to access and collect information from your Facebook account through our website. “Liking” Merchant Applause and logging-in to Facebook triggers access. While Facebook allows access to more categories of information, Merchant Applause may collect and use this personal data.
If you click the Google "+1" button on Merchant Applause website, you are making a connection to Google. This connection creates a Cookie with a unique user ID that allows Google to track your movements on the Internet. When you +1 your identity is known if you log-in to the Google+ Project [Google’s Social Network]. The fact that you +1’d something will be recorded by Google, along with information about the page you were viewing when you clicked on the +1 button. Your +1’s may appear to others as an annotation with your profile name and photo in Google services (such as in search results or on your Google Profile) or elsewhere on websites and ads on the Internet. +1’d pages do not appear only on the +1’d Tab of your Google Profile but also they are visible when one of your friends is searching for a relevant topic on Google. You may opt out of seeing +1 recommendations on third-party websites (including on ads on third-party sites) from people you know.
PAGES THAT MERCHANT APPLAUSE HAS ON SOCIAL MEDIA SITES
Personal information may be collected directly by Merchant Applause through Social Media Pages and may also be collected by the social media site hosting the Merchant Applause Social Media Page. The collection of personal information directly by Merchant Applause on its Social Media Pages will include the type of information addressed under “Information Collected” above.
The social media sites where Merchant Applause has its Social Media Pages may provide aggregate information and analysis to Merchant Applause about visitors’ use of our Social Media Pages. This allows us to better understand and analyze our user growth, general demographic information about the users of our Social Media Pages, and interaction with content on our Social Media Pages. Overall, this information may be used to help us understand the types of visitors and users of our Social Media Pages and use of the content.
THIRD PARTY SITES
MerchantApplause.com may provide links to other sites. Other Internet sites and services have separate privacy and data collection practices. Once you leave MerchantApplause.com, Merchant Applause has no control or responsibility over the privacy policies or data collection activities at another site. Further, Merchant Applause does not endorse or sponsor the sites to which it has established links.
SHARING OF PERSONAL INFORMATION
Merchant Applause reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
HOW TO CONTACT US
Site visitors who have provided Merchant Applause with additional information are welcome to contact us at our administrative site:
57 Exchange Street Suite 302
Portland, ME 04101
If a site visitor receives an e-mail message from Merchant Applause and no longer wishes to receive these messages, he or she can be removed from the e-mail list by sending us an e-mail at the above e-mail address, calling us at the above telephone number, or writing to us at the above address.
If you access secure information from our site, we redirect you to a secure server and will notify you through a pop-up screen or presentation layer element that makes clear that we will be using Secure Socket Layer (SSL) technology. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of information that we have collected from you at our site. However, we cannot guarantee the security of your computing environment. Please be sure to use a secure computer and network connection when you transmit information to us.
DISCLAIMER OF WARRANTIES
You expressly agree that use of the website and its content is at your sole risk. The website and all content on the website is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, privacyText, and non-infringement with respect to the service, the website or the Merchant Applause content.
We make no warranty that the services provided on the website will meet your requirements or that the services will be uninterrupted, timely, secure, or error-free, or free of any harmful components (including viruses); nor do we make any warranty as to the accuracy or reliability of the website. You understand and agree that the download or other method of obtaining any material or information from the Merchant Applause content, and your transmission of any information in connection with your use of the website, is done at your own discretion and risk.
LIMITATION OF LIABILITY
To the extent permitted under applicable law, in no event will Merchant Applause, or their officers, employees, directors, affiliates, partners, agents, advisors, or contractors be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of revenues, profits, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the website, regardless of whether such damages are based on contract, tort, warranty, statute, or otherwise. If you are dissatisfied with any portion of the website, your sole and exclusive remedy is to discontinue use of the website. Our aggregate liability to you for all claims arising from or related to the website is limited to the lesser of the fees paid by you to Merchant Applause or two dollars ($2).
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall not exceed the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless Merchant Applause, and its partners, employees, advisors, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) your content and any information you submit, post, or transmit through our website; (2) your use of the website content; (3) your violation of this Policy; (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the website.