Privacy Policy

Privacy Policy & Disclaimer

This Privacy Policy (“Privacy Policy”) discloses the privacy practices for John Flatley Company (“Jflatco.com”) with regard to your (“You” or “Your”) use of the website (www.johnflatleyco.com) (the “Site”). Jflatco.com is committed to Your privacy. Jflatco.com hereby notifies You of:

  • What personally identifiable information of Yours is collected.
  • How the information is used.
  • How the information may be shared.
  • How Jflatco.com protects Your information.
  • How You can correct any inaccuracies in the information.

1. WHAT PERSONALLY IDENTIFIABLE INFORMATION OF YOURS IS COLLECTED.

Information Collection and Use

Jflatco.com is the sole owner of the information collected on this Site. We will not sell, share, transfer or rent this information to others in ways different from what is disclosed in this statement. Jflatco.com collects information from You at various pages within the Site.

Registration

During the collection of information within the Site, You are required to give Your contact information (such as name and e-mail address). E-mail address is also used to confirm Your identity. This information is also used to contact You about the services on the Site for which You may have expressed interest.

When the Site requests Your identity, the Site will clearly indicate the purpose of the inquiry before the information is requested.

IP Addresses

Every computer connected to the Internet is given a domain name and a set of numbers that serve as that computer’s “Internet Protocol” or IP address. When You request a page from any page within the Site, our Web servers automatically recognize Your domain name and IP address. The domain name and IP address reveal nothing personal about You other than the IP address from which You have accessed the Site. Jflatco.com’s Web servers do not record Your e-mail addresses.

Children’s and Minor’s Privacy

Jflatco.com strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Jflatco.com Site is not intended for use by minors, Jflatco.com respects the privacy of minors who may use the Internet. Whenever Jflatco.combecomes aware that a user is under the age of 13 years, the following additional terms, conditions and notices apply to use of the Jflatco.com Site:

  • Users under 13 years of age may not submit information through the Site. Jflatco.com will not collect any personally identifiable information about a person that Jflatco.com determines is under age 13, except with written consent from the person’s parent after informing the parent about the types of information Jflatco.com will collect, how it will be used, and under what circumstances it will be disclosed.
  • A minor’s parent or legal guardian may request Jflatco.com to provide a description of the personally identifiable information that Jflatco.com has collected from the minor, as well as instruct Jflatco.coms to cease further use, maintenance and collection of personally identifiable information from the minor.

Opt Out Procedures

You may opt out of receiving communications from Jflatco.com at the point where the Site requests personally identifiable information about You. You may contact Jflatco.com to be removed from an e-mail list. If You are using an e-mail forwarding service or other similar service please make sure to include the correct e-mail address or addresses.

2. HOW THE INFORMATION IS USED.

Sale of Assets, Merger, Acquisition, Bankruptcy

Information collected from You may be transferred to a third party as a result of a sale or acquisition, merger or bankruptcy involving Jflatco.com.

Cookies

A cookie is a small piece of data that is sent to Your browser from a Web server and stored on Your computer’s hard drive. A cookie cannot read data off Your hard disk or read cookie files created by other sites. Use of a cookie is in no way linked to any personally identifiable information while on the Site. Once You close Your browser, the cookie simply terminates. For instance, by setting a cookie on the Site, You would not have to log in a password more than once, thereby saving time while on the Site.

You can choose whether to accept cookies by changing the setting of Your browser. You can reset Your Browser to refuse all cookies or allow Your browser to show You when a cookie is being sent. If You reject the cookies on the Site, You may still use the Site. The only drawback to this is that the user may be limited in some areas of the Site.  However, we have no access to or control over these cookies. Jflatco.com may use cookies to better personalize the content, banners, and promotions that You see on the Site.

Log Files

Jflatco.com may use IP addresses to analyze trends, administer the Site, track Your movement, and gather broad demographic information for aggregate use.

Jflatco.com may store Your collected information through server log or related files to create user profiles by way of a user profile that stores information about an individual user that details Your viewing preferences. Jflatco.com may use such information for newsletters, mailings, personalized services, customized advertising or other services for which You have expressed interest.

3. HOW INFORMATION MAY BE SHARED.

Spam

Jflatco.com maintains a strict “No-Spam” policy, which means that Jflatco.com does not intend to sell, rent or otherwise give Your e-mail address to a third party without Your consent.

Legal Requests

Jflatco.com cooperates with law enforcement inquiries, as well as other third parties, to enforce laws and third party rights, such as intellectual property rights and laws relating to fraud. Therefore, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, or other activity that may expose us or You to legal liability, Jflatco.com can (and You authorize Jflatco.com to) disclose Your personal data and other information about You as Jflatco.com, in its sole discretion, believe necessary or appropriate.

Forums

If applicable, when You participate in an Jflatco.com forum, Your name or alias and IP address may be recorded for purposes of maintaining Your own account within the forums and preventing abuses of the forum (see forum rules for more details). This information is not used to monitor Your activity within a forum, nor is it used to identify You outside Jflatco.com in any way.

In order to diffuse the information in the Site’s forums to a wider audience, Jflatco.com may, from time to time, collect some of Your postings and group them together to use in a specific publication, print or electronic. At no point however will Your name, alias or IP address be revealed in any publication. In addition, when Your postings are used in this fashion, they may be edited to fit with the general content of the publication being prepared.

If You do not wish Your postings to be used in this fashion, please indicate so in the subject area of Your post. Only posts that have no specific request indicating their author’s desire not to have them published will be used in these publications.

It is important to remember that whenever You voluntarily disclosure personal information in a forum, through e-mail or elsewhere, that information can be collected and used by others. If Your personal information is accessible to the public, You may receive unsolicited messages from other parties in return. Ultimately, You are solely responsible for maintaining the secrecy of Your personal information.

4. HOW WE PROTECT YOUR INFORMATION.

Confidentiality and Security

Jflatco.com takes all necessary precautions to protect users’ personal information both online and off-line.

When Jflatco.com requests that You enter sensitive information, that information is encrypted with encryption software.

In addition to using encryption software online, Jflatco.com also protects Your personal information off-line. Access to Your personal information is limited to employees who Jflatco.com reasonably believes will need that information to provide services to You.

Links

The Site may contain links to other sites. The linked sites are not necessarily under the control of Jflatco.com. Please be aware that Jflatco.com is not responsible for the privacy practices of such other sites. Jflatco.com encourages You to be aware when You leave this Site and to read the privacy policies of each and every website that collects personally identifiable information. If You decide to access any of the third-party sites linked to this Site, You do this entirely at Your own risk.

5. CORRECTING INACCURACIES.

Correction/Updating Personal Information

If Your personally identifiable information changes (such as address or billing information), or if You no longer desire to use this Site, You can update Your profile on the Site. Jflatco.com will endeavor to correct, update or remove Your personal data provided to Jflatco.com.

Notification of Changes

If Jflatco.com decides to change the Privacy Policy for this Site, Jflatco.com will post those changes on Jflatco.com so You are always aware of what information Jflatco.com collects, how Jflatco.com uses it, and under what circumstances, if any, Jflatco.com discloses it. If at any point Jflatco.com decides to use personally identifiable information in a manner different from that stated at the time it was collected, Jflatco.com will notify users by way of an e-mail. If You have provided personally identifiable information before the changes in Jflatco.com’s Privacy Policy, You will have a choice as to whether or not Jflatco.com uses Your information in this different manner. If You choose that Jflatco.com not use Your personally identifiable information in accordance with the new privacy policy, Jflatco.com will use information in accordance with the privacy policy under which the information was originally collected.

Site and Service Updates

As necessary, Jflatco.com may send You Site and service announcement updates. You are not able to unsubscribe from service announcements, which contain important information about the Site. Jflatco.com communicates via e-mail with You to provide requested services and to resolve issues relating to Your accounts.

Disclaimer

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

Welcome to Jflatco.com. This website is owned and operated by John J. Flatley Company, 50 Braintree Hill Office Park, Braintree, Massachusetts, USA (“Jflatco.com”). This website and its contents are designed to comply with U.S. laws and regulations.

This is a binding agreement (“Agreement”) between Jflatco.com and you (“You” or Your”). This Agreement governs Your use of this website (Jflatco.com) (the “Site”), including, without limitation, all content such as text, information, images, trademarks, and related logos, software and other information, services and materials (collectively, the “Materials”) and all information made available to You or by You through this Site by Jflatco.com.

OWNERSHIP OF MATERIALS: All Materials on this Site are provided by Jflatco.com unless indicated otherwise. All intellectual property rights in the Materials (including copyrights, trademarks, trade secrets and patents) are the property of Jflatco.com.

The Materials may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, without Jflatco.com’s prior written permission.

Jflatco.com and its related logos are trademarks and the property of Jflatco.com. All other names and trademarks are the property of their respective holders.

USE LICENSE: Any unauthorized use of any Materials or information at this Site may violate patent, copyright, trademark, and other laws. Any use of this Site shall be considered a limited use license, not a transfer of title, and is subject to the following restrictions: You may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, disassemble or make derivative works of the Materials; (c) remove any patent, copyright, trademark or other proprietary notices from the Materials; (d) transfer the Materials to another person or entity. You agree to prevent any unauthorized copying of the Materials or information.

TERMINATION OF THIS USE LICENSE: Jflatco.com may terminate this use license at any time if You are in breach of the terms of this Agreement. Upon termination, You will immediately destroy any Materials in your possession, if any, and cease use of the Site.

MODIFICATION TO TERMS: JFLATCO.COM RESERVES THE RIGHT, AT ANY TIME, TO AMEND TERMS PROVIDED BY THIS SITE, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

SECURITY: Certain features on this Site may require an e-mail address and password to access and use the Materials on the Site. Certain other Materials on the Site may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the e-mail address, passwords and codes (collectively, “ID(s)”) assigned to you (2) not allowing another person to use your IDs to access the Site, (3) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (4) promptly informing Jflatco.com in writing of any need to deactivate an ID due to security concerns. Jflatco.com is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify Jflatco.com of any unauthorized use of Your ID.

Jflatco.com may store Your collected information through server log or related files to create user profiles by way of a user profile that stores information about an individual user that details Your viewing preferences. Jflatco.com may use such information for newsletters, mailings, personalized services, customized advertising or other services for which You have expressed interest.

Jflatco.com may, from time-to-time, voluntarily request from You additional information via surveys, contests, or polls. Such requested information may include general contact information that may be used and shared with such contest or survey sponsors to notify the winners and award prizes. Except as otherwise stated in this Agreement, personally identifiable information You provide will not be shared with third parties without Your prior authorization.

REPRESENTATION: As a user of this Site, You are liable for the accuracy of the information that You provide to us, including, but not limited to, Your personal and professional representation as provided in Section 4.

LEGAL COMPLIANCE: The Materials provided through the Site may enable You to transmit, store, review or receive confidential information. State and Federal laws may impose obligations with respect to confidentiality that may limit the ability to make use of certain Materials or to transmit certain information to third parties. You represent and warrant that You will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to You that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the information, and use Your best efforts to cause all persons or entities under Your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the information You transmit, store, or receive in connection with the Site and the Materials. You agree that Jflatco.com, Jflatco.com’s licensors and licensees, and all other persons or entities involved in the operation of the Materials provided through the Site, have the right to monitor, retrieve, store, review and use information, if applicable, in connection with the operation or use such Materials, and are acting on Your behalf in transmitting information. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE AND THE MATERIALS ON THE SITE.

GENERAL DISCLAIMERS: THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL JFLATCO.COM, ITS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE MATERIALS, OR (2) RELIANCE ON THE CONTENT, MATERIALS; OR (3) STATEMENTS, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) ANY OTHER FAILURE TO PERFORM BY JFLATCO.COM OR JFLATCO.COM’S CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER JFLATCO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JFLATCO.COM ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to You. Jflatco.com and its, directors, officers, employees and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these Materials. Jflatco.com may make changes to these Materials, or to the services and/or products described therein, at any time without notice. Jflatco.com makes no commitment to update the Materials. Any description of Materials is not a representation that any such Materials are available for sale or distribution in Your location.

INDEMNITY: You agree to defend, indemnify and hold Jflatco.com, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Jflatco.com’s reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, the Materials, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.

USER SUBMISSIONS: Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or provide to this Site will be considered non-confidential and non-proprietary (“Communications”). Jflatco.com will have no obligations with respect to the Communications. Jflatco.com and its designees will be free to copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Jflatco.com shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from providing or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws. Jflatco.com hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Jflatco.com in its sole discretion and without further notice.

COOPERATION WITH GOVERNMENT AUTHORITIES: If necessary and in accordance with applicable law, Jflatco.com will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, visitors, Jflatco.com, its officers, employees and agents to prevent unauthorized use of this Site.

LINKS TO OTHER MATERIALS: The linked sites are not necessarily under the control of Jflatco.com and Jflatco.com is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. Jflatco.com reserves the right to terminate any link or linking program at any time. Jflatco.com has selected the links for Your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Jflatco.com shall not be responsible for notification of any change in name or location of any information of the Site. Jflatco.com reserves the right to request any website administrator to disable or remove any link that violates any rights of Jflatco.com or causes interruption or deterioration of Materials provided by Jflatco.com. Failure to abide by this request shall be dealt with as any other unauthorized use or access to Jflatco.com resources.

APPLICABLE LAWS: This Site is controlled by Jflatco.com from its offices within the Commonwealth of Massachusetts. Jflatco.com makes no representation that Materials in this Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of United States export laws or regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the Commonwealth of Massachusetts.

DISPUTE RESOLUTION: Any dispute between Jflatco.com and You arising out of this Agreement shall be resolved first by direct communication with one or more of Jflatco.com’s management team members. Should Jflatco.com and You be unable to resolve the dispute by communication and both You and Jflatco.com jointly agree to do so, Jflatco.com or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Jflatco.com’s headquarters and pursuant to Massachusetts law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify nonbreaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys’ fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.

ENTIRE AGREEMENT: This Agreement, including the Privacy Policy, which is incorporated herein by this reference, contains the entire agreement between You and Jflatco.com relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by You relating to the subject matter hereof, or (2) statements of any of Jflatco.com’s employees. Jflatco.com reserves the right to make changes to this Agreement at any time without advance notice. Jflatco.com agrees to post all amended forms of this Agreement on the Site and such amended forms shall be effective immediately upon its posting. It is at all times Your responsibility to read the most current form of this Agreement before using the Site to ensure that You agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.

TERMINATION: Your right to access and use the Site and/or Materials immediately terminates without further notice upon Your breach of this Agreement. Jflatco.com may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Sections 1, 7, 8, 9, 10, 11, 12, 13, 16, 17, 20 and 22 of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. Jflatco.com reserves the right to discontinue or make changes to the Site and/or Materials at any time.

ASSIGNMENT: Jflatco.com may assign this Agreement, in whole or in part, in its sole discretion. You may not assign Your rights under this Agreement without Jflatco.com’s prior written permission. Any attempt by You to assign Your rights under this Agreement without Jflatco.com’s permission shall be void.

WAIVER OF BREACH: Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

FORCE MAJEURE: Jflatco.com shall not be liable for any failure or unavailability of the Site and/or the Materials or failure by Jflatco.com to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the determination or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Jflatco.com’s control.

NOTICE: Jflatco.com may deliver notice to You under this Agreement by means of electronic mail, a general notice on Jflatco.com, or by written communication delivered by first class U.S. mail to Your address on record in Jflatco.com’s account information. You may give notice or bring any concerns to any material found on this Site to Jflatco.com at any time via electronic mail to www.Jflatco.com.com.

The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.

HEADINGS: The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

INVALIDITY: If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.

GENERAL: Jflatco.com may revise this Agreement at any time by updating this posting. You agree to be bound by this Agreement and any modifications to this Agreement occurring prior to Your continued use of the Materials or access to the Site. You should visit this Agreement from time to time to review the then current terms of this Agreement because they shall be equally binding on You. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site.